CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i...

62
COLLECTIVE AGREEMENT Between MAY 1 5 2012 COLLECTIVE BARGAINING INFORMATION SERVICES DJ•s TAXI, ZIPTRACK, TAXITAB COLLECTIVELY REFERRED TO AS THE .. COMPANY .. AND ALL MUL TIPLATE OWNERS HEREINAFTER REFERRED TO AS THE OWNERS GROUP and NATIONAL AUTOMOBILE, AEROSPACE, TRANSPORTATION AND GENERAL WORKERS UNION OF CANADA (CAW .. CANADA) AND ITS LOCAL 1688 istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.· \4 < rt. Date: , f81 Emps.: E Date: J\.\L i (f, 2.01\ CAW.TCA CANADA E piry Date: J\.IL 'i 5, 2.014- Effec ve from: July 6, 2011 to July 5, 2014 F peived Fr9m: l on: [![ Empl.: 0 Other, 0 'f cessed by: J. &a ta £ e: Mg'f t5. 'Z.Ol'l

Transcript of CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i...

Page 1: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

COLLECTIVE AGREEMENT

Between

MAY 1 5 2012

COLLECTIVE BARGAINING INFORMATION SERVICES

DJbulls TAXI ZIPTRACK TAXITAB COLLECTIVELY REFERRED TO AS THE COMPANY AND ALL MUL TIPLATE OWNERS HEREINAFTER REFERRED TO AS THE

OWNERS GROUP

and

NATIONAL AUTOMOBILE AEROSPACE TRANSPORTATION AND GENERAL WORKERS UNION OF

CANADA (CAW CANADA) AND ITS LOCAL 1688

~ istry of labour [ i pute Resolution Services

I lt lective Bargaining Information Seivlces

F No 5lmiddot 00~- 4

lt rt Date

f81 Emps

E ~ctive Date JL i (f 201

CAWTCA CANADA

E piry Date JIL i 5 2014- Effec ve from July 6 2011 to July 5 2014

F peived Fr9m l on [[ Empl 0 Other 0

f cessed by J ampa ta

pound e Mgf t5 ZOll

TABLE OF CONTENTS

Article Page

ARTICLE 1 PURPOSE 1 ARTICLE 2 PARTIES TO THE AGREEMENT 1 AND 2 ARTICLE 3 UNION RECOGNITION 2 ARTICLE 4 MANAGEMENT RIGHTS 2 ARTICLE 5 SOLE AUTHORITY 4 ARTICLE 6 UIJION SECURITY 4 ARTICLE 7 CONTRACTING OUT BARGAINING UNIT WORK 5 ARTICLE 8 UNION REPRESENTATION 5 ARTICLE 9 DISCIPLINE AND DISCHARGE 7 ARTICLE 10 NON-DISCRIMINATION 9 ARTICLE 11 STRIKES LOCKOUTS PICKET LINES AND LABOUR DISPUTES 9 ARTICLE 12 DISPATCH 9 ARTICLE 13 EMPLOYEES DUTIES 18 ARTICLE 14 TECHNOLOGICAL CHANGE 20 ARTICLE 15 SENIORITY 20 ARTICLE 16 COMMITTEES middot 22 ARTICLE 17 SAFETY AND HEALTH 23 ARTICLE 18 WORK WEEK 24 ARTICLE 19 STATUTORY HOLIDAYS 24 ARTICLE 20 TIME OFF 25 ARTICLE 21 INSURANCE 26 ARTICLE 22 TAXI PLATE SALES 28 ARTICLE 23 SUCCESSION AND TAXI PLATE LEASES 29 ARTICLE 24 GRIEVANCE PROCEDURE 31 ARTICLE 25 ARBITRATION 32 ARTICLE 26 TAXI PACKAGE 34 ARTICLE 27 RENTAL CHARGES AND TERMS OF AGREEMENT 34 ARTICLE 28 GENERAL 36 ARTICLE 29 BEREAVEMEIJT LEAVE 38 ARTICLE 30 SOCIAL JUSTICE FUND 38 ARTICLE 31 SAFETY BANQUET 38 SCHEDULE A LIST OF THE OWNERS GROUP 40 SCHEDULE B EXISTING CUSTOMS RIGHTS AND PRIVILEGES 41 SCHEDULE C RULES AND REGULATIONS 42 SCHEDULE D CREDIT CARD POLICY amp PROCEDURES 49 SCHEDULE E STOLEN FARE POLICY 55 APPENDIX 1 51 APPENDIX 2 PARA TRANSPO TRANSIT SERVICES 59 LETTER OF UNDERSTANDING NO1 DISPATCH 60

COLLECTIVE AGREEMENT

between

OJS TAXI ZIPTRACK TAXITAB COLLECTIVELY REFERRED TO AS THE COMPANY AND ALL

MUL TIPLATE OWNERS HEREINAFTER REFERRED TO AS THE OWNERS GROUP

(Hereinafter referred to as the Company)

and

NATIONAL AUTOMOBILE AEROSPACE TRANSPORTATION AND GENERAL WORKERS UNION OF CANADA

(CAW-CANADA) AND ITS LOCAL 1688

(Hereinafter referred to as the Union)

ARTICLE 1 PURPOSE

1 01 The purpose of this agreement is to establish identify and maintain for the duration of this agreement a division between drivers the Company and the Owners Group As well the agreement is established to maintain mutually satisfactory working conditions and to provide machinery for a prompt and equitable disposition of grievances for all employees who are subject to the terms of this agreement

102 The word driver or employee wherever used in this Agreement shall mean a person who operates a taxicab under the Companys roof sign and shall mean any or all of the members of the Bargaining Unit as defined in Article 201 except where the context otherwise provides The word Company wherever used in this Collective Agreement shall mean OJS Taxi except where the context otherwise provides The wordsmiddot Member of the Owners Group wherever used in this Agreement shall mean any person who owns or controls two (2) or more taxi plates or taxicabs Wherever the masculine gender is used in this Collective Agreement it shall be deemed to include the feminine and the singular shall include the plural and vice-versa wherever the context so requires

ARTICLE 2 PARTIES TO THE AGREEMENT

201 BETWEEN

Collective Agreement ltltCompanyraquo Page 1

NATIONAL AUTOMOBILE AEROSPACE TRANSPORTATION AND GENERAL WORKERS UNION OF CANADA (CAW-CANADA) AND ITS LOCAL 1688 01JTARIO TAXI UNION

(HEREIN AFTER TERMED THE UNION)

AND

ZIPTRACK INC TAXITAB INC AND OJS TAXI COMPANY LTD (COLLECTIVELY REFERRED TO AS THE COMPANY AND ALL MULTI-PLATE OWNERS ASSOCIATED WITH OJS TAXI HEREINAFTER REFERRED TO AS THE OWNERS GROUP AS OUTLINED IN SCHEDULE~ AND TO BE MODIFIED FROM TIME TO TIME BY THE PARTIES

AR-riCLE 3 UNION RECOGNI1-ION

301 The Company and the Owners Group hereby recognizes the Union as the sole and exclusive bargaining agent of all employees and ownershyoperatorsdependent contractors of DJS Taxi Company Limited working as taxi drivers in the City of Ottawa save and except dispatchers call takers persons above the rank of dispatchers office and clerical staff multi-carmulti plate ownerslessees and independent contractors

302 Clarity Note For the purposes of this agreement independent contractors are persons who own one licence andor vehicle but do not operate the taxicab

ARTICLE 4 MANAGEMENT RIGHTS

401 The Members of the Owners Group shall have the exclusive right to operate and manage their respective business to maintain order and discipline to promote to demote and to discharge employees for just cause

402 The Company and the Owners Group agrees that in exercising their management rights they shall be fair reasonable and consistent with the terms of this agreement

403 The rules and regulations attached as Schedule C to this agreement shall not be changed without the written agreement of the parties Any new rules must be discussed by the rules committee prior to implementation and the Union shall have the right to grieve any of the new rules that it deems middotunreasonable andor the application of any rule

Collective Agreement laquoCompanyraquo Page2

404 Present drivers and all new drivers shall be given a copy of this agreement and of the said rules and regulations so that all employees that are subject to the terms of this Agreement must know what is required of them in the general conduct of the Company and the Owners Groups business

405 Nothing in these rules and regulations shall deprive the employees of the rjght to challenge any penalty through the regular grievance procedure as outlined in Articles 24

406 Existing customs practices rjghts privileges benefits and working conditions as set forth in Schedule B shall be continued to the extent that they benefit the employee and are not inconsistent with the spirit and terms of this agreement

407 The existing customs practices rights privileges benefits and working conditions may be modified by written mutual agreement of the parties

408 The Company shall maintain promote and operate the roof sign DJs Taxi for the duration of this agreement

410 Any plate not affiliated with DJs Taxi by April 30th of any year shall not be permitted to begin operation under the DJs roof sign during the months of May June July and August of said year A list of all plates affiliated with DJs Taxi as of the 30th day of April in each year will be supplied to the Union by the 15th day of May of said year The Parties agree that the maximum number of accessible vehicles operating under the DJs roof sign shall not exceed in the following years

bull 2007 -thirty-five (35) bull 2008- fifty-five (55) bull 2009- sixty-five (65) bull 2010- seventy-five (75) bull

Notwithstanding the foregoing where the Company acquires another Taxi Company whose fleet includes accessible vehicles the above-noted numbers would be increased by the number of accessible plates operating at the acquired Company at the time of the acquisition so long as all phone numbers accounts and taxi concessions associated with that Company become part of the DJs Taxi business

411 The Company agrees that any multi-plate owner operating under the DJs roof sign that moves a vehicletaxi-plate to another Company heshe will not be allowed to return said vehicle taxi-plate to operate under the OJS taxi roof sign for a period of two (2) years except where the Company acquires another Taxi Company at which the moved plate(s) were operating

Collective Agreement laquoCompanyraquo Page3

ARTICLE 5 SOLE AUTHORITY

501 This Agreement shall be the sole authority governing the relationship between the Company and the Owners Group and the employees The signing of this agreement by the parties will render null and void any outstanding personal contracts that may have been entered into between the Company and the Owners Group and the Employees as it relates to this Collective Agreement

ARTICLE 6 UNION SECURITY

601 The Company and the Owners Group agrees that for as long as this agreement remains in force it is a condition of employment for all present employees to become and remain union members in good standing as of the date of ratification of this agreement and for all new employees to become and remain members in good standing of the Union as of their first day of hire

602 The Company shall collect from each employee such amounts as the Union shall affix each month for union dues plus any assessments that the Union may affix from time to time

603 It is the duty of the Company to ensure that each employees monthly dues initiation fees where applicable andor assessments are properly collected and recorded

604 The Company shall collect all dues including back dues late dues and initiation fees andor assessments on the employees first regularly scheduled payment day of each month and submit to the Union no later than the last day of each month a cheque representing the dues initiation fees andor assessments of each and every employee

605 The Company must by the last day of each month submit to the Union a list of names in alphabetical order or car number order of all persons paying dues initiation fees andor assessments for that month This list shall include the employees current addresses phone numbers - as supplied by said employees - and plate numbers as of the first (1st) day of the month

606 The Union agrees to give the Company one (1) months notice in writing of any changes to the prevailing Union dues any assessments or initiation fees

Collective Agreement ccCompanyraquo Page4

607 The Company upon receipt of a written request from an employee shall supply said employee with a receipt for monies collected on behalf of the Union from that employee for the previous calendar year

ARTICLE 7 CONTRACTING OUT BARGAINING UNIT WORK

701 The Company shall not contract out bargaining unit work

702 Supervisors office staff garage staff dispatchers phone staff andor any other person(s) outside the bargaining unit except for multi carplate ownerslessees shall not perform bargaining unit work

ARTICLE 8 UNION REPRESENTATION

801 The Union shall notify the Company and the Owners Group in writing of names phone numbers (if any) taxi plate number and position(s) of the persons authorized to represent the Union andor the employees for the purpose of this agreement

802

(a)

(b)

803

Further the Union shall promptly notify the Company and the Owners Group in writing of any changes in these names andor positions

The Members of the Owners Group shall provide to the Union all necessary information relating to the following matters on a current basis

A list of employees showing their names addresses and taxicab plate numbers

Employees andor their business agent with the written consent of that employee shall have access to any report complaint or personnel records at reasonable times and shall upon request be supplied with copies of the documents at said employees expense The Company agrees that any information if found to be inaccurate will be corrected

Upon the Union giving reasonable notice during business hours (Monday to Friday) the Company will broadcast notice(s) of Union meeting(s) across the dispatch system once every four (4) hours during the forty-eight (48) hour period immediately preceding the date of the Union meeting

Such announcements shall be limited to no more than twice (2) per month

804 The present notice board will be maintained and made available for the posting of messages and communications directly related to Union

Collective Agreement laquoCompanyraquo PageS

805

806

(a)

(b)

(c)

business subject to the approval of the Company whose approval shall not be unreasonably withheld

Union representatives shall be entitled to distribute Union literature at or near the Companys place of business during non-working and working hours

Upon written request from the President or Business Agent of the Union a leave of absence shall be granted to

Employees for the purpose of attending Union functions including but not limited to conventions schools seminars or other functions excluding matters arising from the administration of this Collective Agreement

Three (3) employees for the purpose of attending contract negotiations meetings with the Company

Provided that in all instances the President or Business Agent notifies the Company at least seven (7) days prior to the intended leave as it applies to (a) and in (b) as much time as possible

An employees seniority will continue to accumulate during a leave of absence and employees will not be charged any fees for up to maximum of fourteen (14) days per calendar year per employee provided such employees do not work their scheduled shifts During this period except for days of negotiations rental cars are to be parked at owners premises The following pro rated charge will apply for negotiations If negotiations end before 1400 hrs - 12 day credit If continued past 1400 hrs -full days credit to affected employees

807 Leave of absence without fees shall be granted for a period of up to one (1) year to an employee who is engaged in full-time Union activity Such leave of absence shall upon request be extended from year to year to a maximum of three (3) years

During such period(s) of absence seniority shall continue to accumulate All Owners Group equipment and licenses will be returned to the Owners Group Member(s) prior to said leave

808 All taxicabs operating within the bargaining unit may place in the right hand corner of the rear window- without interference from the CompanyshyA Union decal supplied by the Union Such decal shall not exceed four (4) inches in diameter

Collective Agreement ccCompanyraquo Pageamp

809 Union representatives or stewards shall be entitled to book off the dispatch system and leave their work during working hours in order to carry out Union business as they may be advised by the Union

ARTICLE 9 DISCIPLINE AND DISCHARGE

901 No employee shall be disciplined or discharged without just cause

902 The Company andor Owners Group shall provide the Driver and the Union with written notice(s) of any discipline taken against a driver of the bargaining unit within thirty (30) business days of the incident giving rise to the discipline except for creditdebit card andor taxi chit fraud which shall be within sixty (60) business days of the incident giving rise to the discipline or the penalty will be null and void and further except where if the driver has been charged with a criminal offence and this comes to the attention of the Owners Group within six (6) months of the incident

903

904

905

(a)

By mutual agreement of the parties a minimum of one day per week shall be scheduled for the purpose of investigating complaints or allegations which may result in discipline to a driver A shop steward or Union representative shall be in attendance Notwithstanding the foregoing the Company or the Owners Group may initiate an investigation at any time if either deems the issue to be of a serious nature Should the investigation involve an interview of a driver the driver shall be entitled to Union representation

A driver is a probationary driver until he has worked for three (3) months under the DJs roof sign During this probationary period the driver would be working on a trial basis and be disciplined up to and including discharged at the sole discretion of the Company provided that the Companys decision is not arbitrary discriminatory or in bad faith as per Article 1 0 of this Agreement

Discipline shall be applied middotuniformly and disciplinary measures shall be appropriate to their cause(s) and subject to the principle of progressive discipline middot

The Owners Group agrees not to enforce Municipal Provincial or Federal Laws unless related to vehicle or public safety or to customer service

A grievance concerning a discharge of an employee shall commence at Step 2 of the grievance procedure within six (6) working days of the event

Such grievance may be settled by Confirming the action of the member of the Owners Group or

Collective Agreement ccCompanyraquo Page7

906

907

908

(b)

(c)

(d)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

Reinstating the employee with no loss of seniority andor with compensation as may be determined by the parties or

By any other arrangement which may be deemed just and equitable or

By proceeding to Arbitration in accordance with Article 25

No person shall have their dispatch services curtailed or suspended without just cause In the administration of this clause drivers shall complete the shift except

Where they or their vehicle is a danger to the public

Where they have not fulfilled their monetary obligations to the Owners Group or the Union

Or where their vehicles are required for garage service

When the taxi is dirty either inside or outside or both (car wash)

When the taxi driver has stolen a fare

When the taxi driver is not properly dressed

When the driver is intoxicated andor on illegal drugs

Employees shall have the right to have Union representation in meetings with the Company relating to discharge or discipline of that employee If a Union representative is unavailable for a scheduled meeting between the Company and that employee the meeting will not go ahead as planned

Disciplinary actions and adverse reports of an employee shall remain on said employees file for a period of one (1) year from the date of the offence No disciplinary proceedings against that employee shall be used after one (1) year except for disciplinary records involving sexual harassment assaults or refusal of a Guide Animals which shall remain on file for four (4) years from the date of the discipline

The Company is prepared however to review all driver files and have discussions with the Union with respect to those drivers who have had repeated problems

909 Employee(s) under suspension shall not pay any cab-rental or stand rent commencing on the fourth (4th) day of suspension and shall not pay plate rent commencing the beginning of the fourth (4th) week of suspension A

Collective Agreement laquoCompanyraquo PageS

suspended employee shall not be entitled to operate on any Company taxi stand while under suspension

ARTICLE 10 NON-DISCRIMINATION

1001 The Owners Group shall not discriminate against employees with respect to terms and conditions of employment on any of the prohibited grounds named in the Ontario Human Rights Code or on the grounds of union activity

1002 There shall be equal opportunities regardless of sex in all facets of the Company and the Owners Group business governed by this agreement

1003 No employee shall be required to retire on the grounds of age

ARTICLE 11 STRIKES LOCKOUTS PICKET LINES AND LABOUR DISPUTES

11 01 There shall be no strikes or lockouts so long as t~1is agreement continues to operate The word strike and the word lockout shall be defined in accordance with the definitions set out in the OLRA 1995 as amended

1102 Employees in the bargaining unit shall have the right to refuse to cross a picket line andor refuse to handle struck work in connection with a labour dispute

11 03 Failure to cross a picket line or handle struck work shall not be considered grounds for disciplinary action or otherwise be a violation of this agreement

1201

(a)

ARTICLE 12 DISPATCH

The Company shall supply maintain and operate a computerized dispatch system to provide fair and equal distribution of all calls trips or parcels received by the Company Computers in vehicles shall be serviced and maintained in working condition by the Company as the need arises

1202 The Company shall ensure that all requests for taxicab service are dispatched through the dispatch system of the Company and shall only be dispatched to licensed taxicabs in an equitable manner as determined by the terms of this agreement

Collective Agreement ccCompanyraquo Page9

1203 The Company agrees that the geographic locations of the stands which shall include backup stands shall be outlined in APPENDIX 1 and attached to this agreement Modifications can be made from time to time with the written approval of the parties

1204 The Company agrees that the current phone number (613) 829-9900 shall be used offered andor advertised for the dispatch of taxicabs operating under the Companys roof sign The Company further agrees that the telephone number (613) 829-9011 shall continue to be used for the dispatch of taxicabs operating under the DJs Taxi roof sign The parties agree that this latter telephone number shall not be advertised for DJs Taxi Co Ltd middot

1205 middot1n cases of abuse of the cheater switch the Union agrees that computer records of call-backs shall be prima facie proof of the abuse alleged by the Company Nothing herein shall be construed to condone or permit the use of the cheater switch Violations of this sub-article shall be considered grounds for discipline

1206 All requests for non-metered taxi service or other special taxi services shall be distributed in a fair and just manner

1207 Dispatchers phone staff and supervisors shall not dispatch any call or trip to any driver or on behalf of any driver by means of a pager or other similar communications device including but not limited to telephones with the exception of Para Transpo runs which shall be distributed in accordance with Appendix 3

1208 The Company shall ensure that there is no preferential treatment to any individual in respect of taxi dispatch services

1209 The Company shall employ a sufficient number of trained staff to serve the business in an efficient and expeditious manner

1210 When the Company dispatches a fare to an address that is different from the stated address of the caller the Company shall pay twenty dollars ($2000) to the driver dispatched

1211 The Company shall ensure that no derogatory remarks andor profane language is directed by the dispatchers and phone staff to drivers and vice versa The Company shall ensure that dispatchers and phone staff perform their duties in a polite businesslike and courteous manner at all times

1212 When a cancellation is received through the computerized dispatch system within the lead time of the Zone of the original call being placed

Collective Agreement laquoCompany)) Page 10

and the telephone number given at the time of the cancellation matches the telephone number given at the time of the request for the taxicab andor when a vehicle is dispatched to a non-existent address that is confirmed by the dispatch Supervisor the vehicle sent to that address would be placed in the first available position in the priority queue (given a No load)

bull No Load Priority Cancellation Local Incomplete Address

1213 In the event of a failure or malfunction of the computerized dispatch system the Company agrees that after a maximum of ten (10) minutes the addresses of the calls waiting will be made known to the drivers by voice In the event the server(s) is down for longer than twenty (20) minutes the Company must credit every driver in the bargaining unit an equal amount using the following formula five hundred dollars ($50000) divided by the total number of drivers in the bargaining unit to a maximum of two (2) crashes per month The Company will be entitled to two (2) downtime occurrences per month for upgrading and maintaining dispatching software and call centre hardware The Company agrees to notify the Union of the time and date of any organized shutdown The Company shall use its best efforts to have the shutdown during non-peak hours

1214 The Company agrees that dispatchers shall co-operate in every way possible to aid an employee who reports himself in danger The dispatcher shall not assess for himself the degree of urgency in any distress call and shall utilize nearby taxicabs andor police to provide aid

1215 (a) Time Calls

Time calls are prearranged calls Pre-arranged fares going to the Airport Train or Bus Station or downtown will also be considered a time call Time calls will be dispatched fifteen (15) minutes prior to the requested time to the first car booked on the corresponding stand

Out of town fares are calls reserved at least one ( 1) hour prior to the requested time It must have an estimated destination exceeding 100 kms or be on the middotflat rate sheet These fares will be dispatched forty-five (45) minutes prior to the requested time

The dispatcher may increase lead-time for time calls or out of town calls if weather traffic road conditions or the distance to locations warrant it

Collective Agreement ccCompanyn Page 11

(b) No information will be given out by the dispatch staff concerning fares coming into the Company office except for requests concerning the number of time calls to be dispatched between the next time period of 330 am - 630 am Dispatchers shall upon request inform the driver of the number of time calls to be dispatched during the next time period of 330 am - 630 am Dispatchers shall not give out any information with reference to the location of any time calls

1216 It is agreed that any concessiontaxi stand fares must be dispatched to drivers booked on the sub zones If no drivers are booked on the sub zone the fare will be dispatched as a regular fare If no drivers are booked on the zone the fare will be displayed on the main zone only as a fare waiting

1217 Attributed Call

These are calls where a special circumstance is made known to the Callshytaker and drivers are not forced to accept

Attributed calls shall include calls originating from the following locations or where the special circumstance indicated is made known to the phone staff

1 Bars -(except those listed as Messages) 2 Parcels 3 Wheel Chairs 4 Animals -(except guide animals) 5 Bicycles 6 Moving Jobs 7 Station WagonsNans 8 Boosts 9 No-Van Calls

Calls originating from the following addresses will be sent out as messages however should there be a Call-back for any of these addresses the Call-back shall be dispatched as a Local to the first car booked on the appropriate Zone

(a) OConnorsAMC Theatres (Kanata Centrum)

(b) Vox LoungeCock amp Bull (Bells Corners) (c) Park n Rides

(i) Baseline Station (ii) Fallowfield Station

(d) Grace OMalleys (Merivale and Capillano)

Collective Agreement ccCompanyu Page 12

1218

(e) (f) (g) (h) (i) (j)

Sergeants Pump (Merivale Rd) Coliseum Theatres Bayshore Transit Eagleson Transit Station Kanata Town Center Terry Fox Transit Station

For the purpose of article 1224 the following hours are considered peak periods

(i) During the months of November December January and February Mon - Fri 700 AM - 500 PM Thurs - Sat 500 PM - 300 AM New Years Eve 500PM-500AM New Years Day

(ii) During the months of March April and October Mon - Fri 700 AM - 300 PM Fri amp Sat 11 00 PM - 200 AM

(iii) For Canada Day 400 PM - 200 AM for

Christmas Day New Years Day (except as outlined above) Good Friday Easter Monday and Thanksgiving Day are exempt from the above

1219 Fares originating in the City of Ottawa and any other points west of Ottawa including Richmond Ontario shall be dispatched to the first taxicab appropriately booked on the corresponding stand

1220 Weather permitting there should never be a call back from customers due to the late arrival of a cab All fares accepted must be serviced without delay All stands will have a maximum response time limit of fifteen (15) minutes Phone personnel will tell customers that the cab will arrive within 10-15 minutes please be ready

Should the Company receive a Call-Back after the lead-time of a dispatched fare discipline shall be applicable to the affected driver(s) as follows

(a) 1st Offence First written warning and a fine of $2000 will be imposed and collected by way of the drivers account

(b) 2nd Offence Second written warning and a fine of $3000 will be imposed and collected by way of the drivers account

(c) 3rd Offence- Third written warning and a fine of $5000 will be imposed and collected by way of the drivers account

Collective Agreement ((Companyraquo Page 13

(d) 41h Offence- A final written warning and fine of $7500 will be imposed

and collected by way of the drivers account

(e) 5th Offence- Dismissal

Monies collected shall be used to appease dissatisfied customers and to advertise the DJs business

1221 Locals I Freebies

1222

1223

1224

a) b) (c)

These are calls that are dispatched to the first car booked in a Zone (Stand) and the driver accepting said call has a maximum of thirty 30) minutes to complete the call and rebook on the same stand the call was dispatched from in order to be placed in the first available position in the priority queue

Locals shall include calls originating from the following locations

Major shopping centres Groceries A list consisting of a maximum of five 5) addresses

When being dispatched on the Computerized Dispatch System Fare Waiting shall mask all calls or trips for the duration of this Agreement

No calls trips or parcels shall be dispatched on voice except where provided in this Agreement

In recognition of the fact that the Company operates a multi-fleet dispatch operation the Company and the Union agree that the staffing levels of the dispatch operation to service the DJs fleet shall always be no less than one (1) call taker and no more than middotfive 5) call takers One (1) call taker shall always have priority to respond to DJs calls with the balance of the call takers having secondary priority on a cascading basis To address any problems arising from dispatch issues the parties agree to establish a Dispatch Committee of equal representation to meet at mutually agreeable time frame upon request of either party within fifteen (15) days of notice being given by either side Issues may include but not restricted to hardware software or manpowerstaffing The Parties agree to address any such issue in an expeditious and fiscally responsible fashion

When the DJs fleet reaches one hundred and thirty (130) taxi cabs the Company shall add a second call taker having priority to respond to DJs calls but only during peak periods When the DJs fleet reaches one

Collective Agreement laquoCompanyraquo Page 14

hundred and sixty (160) the Company shall increase the number of call takers to two (2) having priority to respond to DJs calls at all times

1225 A list of persons and addresses owing money to drivers for fares not paid shall be compiled by the Company and kept in the dispatch office at all times No requests for taxicabs or specialty services excluding school and contract runs shall be dispatched to these persons andor addresses until the monies owing are paid

1226 Dispatchers phone staff and supervisors shall not remove falsify alter any request for taxicab service placed with DJs taxi dispatch service

1227 The Company shall ensure that dispatchers phone staff or supervisors shall not accept money or other forms of favour or inducements from any person where the objective of such payment is the granting of preferential treatment to any individual in respect of dispatch services

1228 When a call back is received after the lead time of the call in question the dispatch supervisor will send two 2) voice messages at least one (1) minute apart for the driver to come to voice If the driver fails to respond the call will be re-entered as a local call and if said driver is booked into the system heshe will be suspended until there is a response Drivers failing to go on or being late on their calls will be further disciplined in accordance with progressive discipline

1229 The Company shall discipline any driver who assigns a dispatched fare to another driver

1230 (a) The discipline or discharge of a driver who has completed hisher probationary period shall be grievable in accordance with Article 24 of this Agreement The Company agrees that it shall apply the principle of progressive discipline However the Company reserves the right not to apply the principle of progressive discipline for certain offences based on their severity

(b) The Company shall discipline any driver as follows for the specific offences listed below

i) Assigns or redirects a dispatched fare to another driver operating under the OJS roof sign as follows

a) 1st offence- 1 shift b) 2nd offence- 2 shifts c) 3rd offence - 3 shifts

Collective Agreement laquoCompanyraquo Page 15

(ii) Cancels a fare already inputted into the Ziptrack Dispatch System as follows

(a) 1st offence- 1 shift (b) 2nd offence - 2 shifts (c) 3rd offence- 3 shifts

(iii) Telephones the Ziptrack Dispatch System with an illegitimate call as follows

(a)

(b)

(c)

1st offence - 2 shifts and $2500 to the affected driver pajable by the offending driver 2n offence - 4 shifts and $2500 to the affected driver payable by the offending driver 3rd offence - termination of employment

(iv) Assigns or redirects a dispatched fare to another driver operating under another roof sign as follows

(a) 1st offence- termination of employment

For purposes of this provision one (1) shift is a period of twelve (12) consecutive hours for a twelve (12) hour driver and twenty-four (24) consecutive hours for a twenty-four (24) hour driver

1231 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical break down emergency or any other reason(s) not herein listed the dispatcher shall re-dispatch the fare and suspend the driver for one (1) hour

1232 Definitions

Accessible call means a valid request for an accessible taxicab by a person with a wheel chair or is otherwise defined by any statute or regulation thereof

Accessible Driver means a driver who is qualified to drive an accessible taxicab under the applicable By-laws of the City of Ottawa

Accessible Plate means a licence for an accessible taxicab that is issued to a person who has qualified to hold an accessible licence under the applicable By-laws of the City of Ottawa

Collective Agreement laquoCompanyraquo Page 16

middotAccessible Taxicab is a taxicab which is designed to accommodate one or more individuals who require the use of a wheelchair without the need to transfer the individual from the wheelchair which vehicles are otherwise subject to federal and provincial legislation applicable to the transport of Physically Challenged Persons and in respect of which an accessible plate has been issued

Attribute means in respect of a vehicle the association with that taxicab in the Ziptrack dispatch software system of a special feature (or restriction) for that vehicle required for specific types of fares

Call means a request for taxi service received by Ziptrack by a telephone call to the DJs Taxi number 829-9900

Cover or Covered as applicable to a fare means there-dispatch of a previously accepted fare at the request of the accepting driver for valid reason (mechanical breakdown accident or other emergency) in accordance with normal dispatch procedures

Taxi Stand means a space on private property for taxicabs operating under the DJs Taxi roof sign specified under an agreement between Coventry Connections Inc or Ziptrack Inc or a space specifically designated as a taxi stand from time to time on a public street or other public space by the City of Ottawa

Accessible Vehicle Dispatch

(a) It is agreed that calls placed through the dispatch system for an accessible taxicab shall be dispatched only to accessible taxis defined by the dispatch system as an Attribute Where there are no accessible taxicabs booked into the dispatch system and available to accept a call such call shall be displayed as being available on the fare broadcast screen

(b) An accessible taxicab may be dispatched as a standard sedan taxicab at anytime that it is not dispatched on an accessible fare An accessible taxicab shall not be given priority for any type of fare other than an accessible fare An accessible taxicab shall be booked off all zones when any fare is accepted or rejected

(c) The driver of an accessible taxicab is not authorized to reject an accessible fare if he is booked on the dispatch system or is in a queue at a taxi stand or company concession Failure to accept an accessible fare shall be deemed a rejection of an accessible fare and shall be subject to discipline

Collective Agreement ccCompany Page 17

1301

1302

1303

1304

(d) In the event that a driver of an accessible taxicab who has accepted an accessible fare requests to be covered and where such request is granted the driver shall be booked off the dispatch system for a minimum of one (1) hour or until the fare is covered

(e) The driver of an accessible taxicab that rejects or is deemed to have rejected an accessible fare under paragraph (c) above shall be booked off the dispatch system until one ( 1) hour after the accessible fare has been accepted and or service (the record of which not withstanding sub-Article 908 of the Collective Agreement shall be kept for five (5) years

(f) All accessible calls shall be masked by ACCESSIBLE FARE WAITING

(a)

(b)

(c)

(d)

(e)

ARTICLE 13 EMPLOYEES DUTIES

All employees shall perform their duties in a business like professional and courteous manner and shall not use abusive language on the air to customers or to Owners Group Staff

All employees shall be neatly dressed well groomed neat and clean in personal appearance

All employees shall give a receipt on the authorized form of the Owners Group showing the date car number and drivers name when requested to do so by the passenger or whenever there is a dispute over the fare

Subject to the above and except when he has a previous engagement ttle employee shall serve the first person requiring the service of his taxicab except when the prospective passenger

Is disorderly or abusive or poses a health or safety risk In cases of disputes involving intoxication andor health and safety risk and while the well being of the driver is of paramount importance extreme caution and sound discretion must be exercised prior to any refusal At all times the nature of the business that being a service Industry must be borne in mind so each and every situation must be measured on its own merit by the driver

Is in possession of an animal other than a Guide Animal or

Refuses to state his final destination upon entering the taxicab or

Has not paid a previous fare or

Refuses to pay in advance for flat rate out of town trip(s) or

Collective Agreement laquoCompanyraquo Page 18

(f)

1305

1306

1307

1308

1309

(a)

(b)

(c)

Has called two (2) cab companies for the same fare

In the event a driver discovers a lost object in the taxicab he shall immediately advise the dispatch supervisor of his findings with a description of the object an approximate idea of who might have left said object along with the pick-up and drop-off addresses of the customer if possible

Within twenty-four (24) hours of an objects discovery the driver shall take said object to the nearest Ottawa police station or to the Ziptrack Inc dispatch office at no cost or when directed to do so within the above mentioned twenty four (24) hours A receipt for said object will be issued if requested

Subject to Article 1305 should the customer wish the immediate return of the lost object the dispatcher shall notify the customer of the approximate metered cost of return from the location of the driver at that time and the employee shall return the object immediately to the customer at the standard metered rate

No employee shall be forced to violate a Municipal Provincial or Federal Law or regulation in the performance of ~1is duties

The Company shall provide the drivers with a list of all current flat rates Upon any changes to said list a new list shall be issued within thirty (30) days following such changes

No person(s) who will be driving under the DJs roof sign except for rehires who have been absent for less than three (3) years shall be hired or permitted to commence employment until

Heshe has successfully passed the test which the Company shall devise and administer with regard to the operation and knowledge of the taxi related Industry Said test shall include but not be limited to the knowledge of the Ottawa-Carleton area but with an emphasis on the areas directly affected by this collective agreement

Orientation by the Operations Manager or his designee on the DJs Taxi charge system

Heshe has been given a six (6) hour in-car training session This session will comprise of accompanying the prospective employee for a period of six (6) hours to learn the stands customer relations specific to DJs Taxi two-way radio booking practices and a general familiarization with the DJs environment The cost associated with this in-car training session shall be

Collective Agreement ccCompanyraquo Page 19

$10000 and said cost shall be borne by the prospective employee Failure to pass any portion of this test shall result in a fourteen (14) day waiting period before the applicant will be allowed to re-do the portion(s) of this sub-article which heshe has failed The cost associated with re-doing a) or c) will be $5000 while re-doing both would be $10000

During this waiting period the applicant will not be allowed to operate under the DJs roof sign No person operating a taxicab under the DJs roof sign will be assigned any duties associated with this sub-article

Tests are given on the first and third Mondays of each month on a first come-middotfirst serve basis by appointment Failure to attend for a scheduled date and or time will result in the forfeiture of the appointment and a new date will be booked on a first available basis only

ARTICLE 14 TECHNOLOGICAL CHANGE

1401 Technological Change means but is not limited to the introduction of changes to the present systems the introduction by the Company of additional radio channels computerized dispatching systems or any other mechanical electrical or other system including but not limited to fuel systems at no cost to the drivers

1402 In the event of any technological change the Company shall notify the Union in writing at least ninety (90) days before the introduction of such changes unless prior discussions with the Union have occurred

1501

1502

1)

2)

3)

ARTICLE 15 SENIORITY

Seniority shall be applied in determining layoffs preference for time off and recall from lay off as set out in other provisions of this agreement

Prior to being offered employment an individual shall be required to present to the Member of the Owners Group and the Company all relevant documentation namely

Valid Ontario or Quebec Provincial drivers license with a current provincial driving record with no more than six (6) demerit points at such time and if applicable has been pardoned for any prior conviction for impaired driving

Applicable Taxi Drivers License

Original copy of a Motor vehicle drivers abstract no older than twentyshyeight (28) days

Collective Agreement laquoCompanyraquo Page 20

4) Letter from previous or present insurer (where possible)

5) Work permit if applicable

6) Proof of Union membership

7) Social Insurance Numbercard or verification from appropriate federal government department of such number

8) A clear Police Criminal Record check no older than twenty-eight (28) days

9) Training as set forth in 1309

The above requirements do not apply to a driver who changes status or moves between Members of the Owners Group or Single Plate Owner or Single Plate Lessee provided the driver does not go more than thirty (30) calendar days without being registered on a taxicab except by reason of a proven medical illness Requirement 9 above does not apply to a driver who had previously driven under the DJs Taxi roof sign within the previous twelve (12) months Nevertheless each driver is required to register such changes with the Company To facilitate the drivers ability to register such changes the Company office shall be open from 830 am to 200pm daily except Saturday Sunday and Statutory Holidays

1503 The Owners Group shall recall laid off employees in the reverse order of lay-off

1504 A driver injured or ill should notify the Company and the Union within two (2) weeks of his absence and should arrange to provide a detailed mediqal certificate as evidence of injury or illness and an estimated time of return signed by a doctor in order to preserve his seniority Only an employee returning from an absence of eighteen (18) months or less due to injury or illness shall be returned to his previous vehicle provided that said vehicle is still working as a taxicab if it is not he shall be returned to another vehicle on the same shift he had prior to his injury or illness

A driver replacing another driver who is on sick leave shall be notified of his status by the Owners Group and the Owners Group shall notify the Union of all details

An employee returning within 30 days from an absence due to injury or illness shall be returned to his previous vehicle provided said vehicle is still working as a taxicab and if it is not heshe shall be returned to another vehicle

Collective Agreement laquoCompanyraquo Page 21

1505

(a)

(b)

(c)

(d)

An employee returning to work after thirty (30) days but less than eighteen (18) months from the commencement of hisher injury or illness shall be returned to work displacing the most junior driver driving with the individual member of the Owners Group

Clarity Note (i) A twelve (12) hour driver returning from illnessinjury shall be returned to a twelve (12) hour shift car by replacing the most junior driver driving Should the most junior driver be driving a twenty-four (24) hour car heshe would then be offered the shift remaining after the returning driver has chosen

Clarity Note (ii) A twenty four (24) hour driver returning from illnessinjury would replace the most junior driver and assume hisher shift

Clarity Note (iii) Returning employees shall be given the first available car corresponding to their previous shift

An employee shall lose seniority and as such will cease to be an employee upon

Voluntarily quitting or resigning

Being discharged for just cause and not having been reinstated through the grievance or arbitration procedure

Failing to rent an available vehicle when duly notified of same while on layshyoff except or for certified medical reasons

Being laid off being without a valid work permit or being without a valid Provincial drivers license or appropriate Municipal taxi drivers license for a length of time equal to that employees seniority or twelve (12) months whichever is less

ARTICLE 16 COMMITIEES

1601 A UnionManagement committee shall be appointed consisting of up to three (3) representatives from the Union and up to three (3) representatives from the Company This committee shall meet every six (6) months for the purpose of discussing matters of mutual concern

1602 A safety committee consisting of at least two (2) representatives of the Union and two (2) representatives of the Owners Group shall meet at a mutually agreeable time frame upon the request of either party within thirty (30) days for the purpose of discussing matters of mutual concern Minutes will be kept of each meeting

Collective Agreement laquoCompany Page22

1603 A rules committee consisting of up to three (3) representatives of the union and of up to three (3) representatives of the owners group shall meet at a mutually agreeable time frame upon the request of either party within thirty (30) days for the purpose of negotiating changes to existing rules and for discussing any new rules prior to their implementation

1604 To address advertising the parties agree to establish an Advertising Committee of equal representation to meet at mutually agreeable times upon request of either party within fifteen (15) days of notice being given by either side The Committee shall be responsible for a budget of $2625000 over the term of this collective agreement which sum shall be spent to advertise and promote the DJs business

The parties must agree when and how the advertising will be allocated However the parties agree that advertising would include

bull Flyers bull Newspaper Ads bull Promotional Items (eg fridge magnets) bull Radio

ARTICLE 17 SAFETY AND HEALTH

1701 It is understood and agreed that driver safety is important to the individual employee and to the industry as a whole The Owners Group and employees agree to exercise their rights and to fulfil their obligations in accordance with this understanding The Owners Group will continue to encourage and welcome safety recommendations for the safety and health of drivers during their working hours

1702 The employer shall supply only safe and roadworthy vehicles and the equipment contained therein and the vehicles themselves shall be maintained in good working order Each rental vehicle shall meet the mechanical fitness standards as defined in Provincial legislation

1703 The Company agrees to pay the premiums to an insurer chosen by the Company to provide term life insurance coverage in the amount of ten thousand dollars ($1000000) for all employees provided that the affected employee has a minimum of one (1) year seniority under the DJs Taxi roof sign and is actively working on the day he attains this one ( 1) year seniority

All claims and payments shall be in accordance with the terms of the master policy of the insurer and the Company shall not be liable for any

Collective Agreement laquoCompanyraquo Page 23 middot

bull

non payment by the Insurer This insurance coverage will not be provided to any driver who is 65 years or older at any time during this agreement

The Company shall aid in collecting monies by allowing a cash donation box to be set up at their office for driver(s) involved in serious accidents The Company shall not be responsible for said box

1704 The Company shall supply a safety shield for the company owned rental vehicle when requested by that driver

All rental drivers who request a shield must continue to operate on a vehicle that is equipped with a safety shield so long as said driver is operating under the DJs roof sign provided one (1) is available Company rental drivers working with a shield shall have the option of refusing to operate any spare rental vehicle not equipped with a safety shield However once a driver accepts a spare rental vehicle not equipped with a shield he will be deemed to have given up his right to exercise this option on the same shift

ARTICLE 18 WORK WEEK

1801 The Owners Group agrees that the employees shall determine their work week subject to the provisions of this agreement

1802 The Owners Group agrees that the work week shall be based on seven (7) days

1803 Rental drivers shall pay their weekly rental over six (6) days and have the use of the vehicle for seven (7) days

1804 Stand rents for car owners shall be calculated weekly paid monthly or weekly at the discretion of the employee but limited to one change in the payment structure per calendar year Any reduction is to be calculated on a weekly basis and there shall be no reduction given for anything less than seven (7) consecutive days off except where provided in this agreement

1805 Shifts shall be mutually agreed upon by the partners on the vehicle and in case of dispute shifts shall commence at 400am and 400pm The change-over location shall be mutually agreed to by the partners on the vehicle and in case of dispute change over shall be at the Companys office

ARTICLE 19 STATUTORY HOLIDAYS

Collective Agreement laquoCompanyraquo Page 24

1901 (a)

(b)

All rental drivers (12 amp 24 hours) of the Owners Group shall be entitled to the following days off provided that they have worked more than three (3) consecutive months under the Companys roof sign

All single plate owners (SPO) and single plate lessees (SPL) shall be entitled to the following days off provided that they have completed three (3) months of service under the Companys roof sign and they shall not be charged plate rent or stand rent for said statutory holidays

Employees meeting the criteria outlined in (a) and (b) above shall be given credit for said days whether they choose to work or not Credits for statutory holidays shall be given at the time that payment is made for the period covering the day of the holiday

New Years Day Family Day Good Friday

Victoria Day Canada Day Labour Day

ARTICLE 20 TIME OFF

Thanksgiving Day Christmas Day Boxing Day

2001 All rental drivers (12 amp 24 hours) shall be entitled to four (4) weeks annual time-off

All single plate lessees (SPL) shall be entitled to five (5) weeks annual time-off for which they shall not be charged stand rent for time-off taken During said time-off heshe shall not be charged plate rent for the first four (4) weeks

All single plate owners (SPO) shall be entitled to seven (7) weeks annual time-off During this period they shall not be charged stand rent

SPOs and SPLs outlined above will be granted their requested time-off entitlement provided they have no balance owing and provided that a minimum of one (1) week written notice is given to the individual Member of the Owners Group (MOG) and the Company and provided further that said drivers have a minimum of one (1) completed year of uninterrupted service under the Companys roof sign

In cases of accidents and major breakdowns involving SPO and SPL no notice period will be required for time-off and credits for such time-off will be based on daily increments

Where a SPOor a SPL has used all hisher allotted time off and said SPO or SPL has an accident or major breakdown heshe will be given up to a maximum of ten (1 0) additional days of time off and during said time

Collective Agreement laquoCompanygtbull Page 25

heshe shall not be charged any stand rent subject to proof of inoperability of the vehicle being provided

In the case of SPOs and SPLs extended time-off will be allowed for overseas trips All rents must be paid in advance to cover the time off for the extension

Explanation Car owners time off is only when the car is off the road If the SPO or SPL puts a driver on the car it is not considered part of this time off

2002 Single plate owners and single plate lessees will be responsible for arranging for time off for their drivers

2003 Time off may be taken weekly or bi-weekly at the employees discretion Provided further where the employee has taken a minimum of one (1) week heshe may take additional days) of less than weekly increments) in conjunction with the one 1) week

2004 Time off must be taken during the calendar year and cannot be accumulated over more than one calendar (1 year

2005 The MOG SPL and SPO agree that roof signs taxi plates and all other items (computer equipment will remain with the Company during the employees time-off and in the case of rental drivers the rental vehicle will be returned to the vehicle owner

ARTICLE 21 INSURANCE

21 01 Every car owner has the right to obtain insurance from the broker or Company of their choice without interference from the Owners Group

2102 The Owners Group shall upon written request from an employee who is presently insured by a member of the Owners Group provide written details of claim settlements and accident records

2103 The Company shall provide at no extra cost motor vehicle insurance coverage with collision provision deductible not exceeding $75000 or the cost of repair whichever is less for each at fault accident

21 04 The Company shall provide at no extra cost comprehensive coverage with zero deductible including but not limited to middotfire and theft It is agreed and understood that comprehensive coverage does not cover driver owned equipment

Collective Agreement Page26

21 05 The Company shall provide accident benefit coverage as set out in the OAP 1 of the Ontario Automobile Insurance Act and shall abide by the guidelines and statutory conditions as set out by the Insurance Company with whom the Company is insured

2106 With respect to Articles 2103 2104 and 2106 above which applies to accessible shift vehicles only) the Companys obligation is to provide insurance coverage only Any determination of whether a driver is entitled to insurance benefits andor whether a claim shall be paid or denied in any given situation shall be the sole and exclusive responsibility of the Insurance Company

2107 A driver who is insured through the Company shall provide the Company with a Motor Vehicle Drivers Abstract one month before the annual renewal of the Companys insurance policy A driver shall provide additional Motor Vehicle Drivers Abstracts as requested by the Insurer

21 08 The Companys insurer may judge a driver to be a high risk and may assess a surcharge accordingly A driver who is found tomiddot be a higher risk will bear the cost of any such surcharge

21 09 A driver insured by the Companys insurer who is involved in an accident shall regardless of whether he or she was at fault notify the dispatcher immediately The driver shall indicate whether the accident should be reported to the police and whether the customer or driver require medical attention Following notification of the dispatcher the driver shall remove the roof sign from the vehicle and record to the best of his or her ability all relevant information The driver shall bring the relevant information to the office within 24 hours of the incident excluding weekends and holidays)

2110 Drivers are responsible for the replacement of all lost or stolen antennae andor roof signs

2111 The Company shall pay the full El payments for all rental drivers In the event of an increase in the premiums during the life of this Collective Agreement drivers shall pay the drivers share of the increase

2112 All drivers who are insured through the Company obtained insurance must sign the Companys insurance agreement prior to commencing work The Company shall provide insurance agreements with no more than a $75000 deductible to be paid after the accident The amount shall be paid at the rate of $1000 per shift until fully paid

Collective Agreement ((Companyraquo Page27

ARTICLE 22 TAXI PLATE SALES

2201 1 Members of the Owners Group shall be able to sell plate(s) in the following manner

2202

(a) A notice of its intent to sell plate(s) shall be posted and announced over the dispatch system for a period of three (3) days and shall be offered to the lessees and rental drivers in the bargaining unit

(b) Where there is more than one interested applicant the plate(s) shall be offered based on seniority and plates sold shall be the plate of the most junior lesseedriver

Where the sale will result in the layoff of a driver that driver shall be recalled prior to any new hires by all Members of the Owners Group

2 Where there are no applicants the Member of the Owners Group will sell the last leased plate at their discretion Any driver laid off shall be recalled prior to any new hires by all members of the Owners Group

3 Sale of More Than One Plate at One Time

4

5

The Owners Group has the right to sell to whomever they choose provided that no one is displaced

In the event that the most junior lessee is displaced as a result of the sale of the plate the Company agrees to pay to the displaced lessee no more than fifty-five thousand dollars ($5500000) in the first year of this Agreement and according to the succession plan as outlined in article 23 for the following years of this Agreement This would apply only if the said lessee has complied with the succession plan as per article 23

An individual Member of the Owners Group shall not require any of his drivers to give up their rights under this Agreement and work under another roof sign without the drivers written consent given before a Notary Public for Ontario The Union shall be supplied with copies of the consents

In the case where a Member of the Owners Group is leasing a taxi plate and the Member of the Owners Group has a car under this plate and this vehicle is then rented out on a 12 or 24 hour rental this article then does not apply The Owners Group cannot be held responsible for any damage or compensation that may arise from the actions taken by the 3rd party

Collective Agreement laquoCompanyraquo Page28

2301

2302

2303

1

2

3

4

ARTICLE 23 SUCCESSION AND TAXI PLATE LEASES

Definition

The process by which the lessee of a Company-owned taxi license plate having determined that heshe wishes to retire andor otherwise terminate hisher relationship with the Company and having officially notified in writing both the Union and the Company of hisher intention to do so offers the opportunity to hisher driver to be the lessees successor all in accordance with the conditions sot out in this Article

In order to be eligible to offer a lease for succession the lessee must have been a party to a valid taxi plate Leasing Agreement with the Company for a minimum of one (1) year and have two (2) years of continuous uninterrupted service operating a taxi vehicle under the Companys roof sign The lessee must also be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

In order to qualify as a successor the driver must be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

An offer for succession shall follow the following order

No offer for succession can be made until the day after the final version of the seniority list as outlined in Appendix 2 has been agreed upon and signed-off by the Parties

The lessee must notify the Company and the Union in writing of hisher intention to exercise the option of succession and the projected date of the succession

The taxi plate lease shall be offered to the lessees current driver (if any) who shall have thirty (30) days to reject or accept the succession

If the offer is rejected or thirty (30) days have passed since the offer was made the taxi plate lease shall be offered to the drivers who are not single plate lessees (SPL) or a single plate owner (SPO) on the seniority list who shall have thirty (30) days to reject or accept the succession

Collective Agreement ltltCompanygtgt Page29

5

6

2304

2305

2306

2307

2308

2309

The most senior driver on the seniority list (who is not a single plate lessee-SPL or single plate owner-S PO) who accepts the succession shall be the successful incumbent lessee

In the event that no driver accepts the succession the lessee may ask that his request for succession be held in abeyance until such time as an incumbent lessee is found or may retire andor otherwise terminate hisher relationship with the Company at the time of hisher choosing In the event that the lessee retires andor terminates hisher employment relationship the taxi plate shall be returned to the Company and assigned to the next senior eligible driver as per the Companys past practice

The succession shall be valued at no more and no less than fifty-five thousand dollars ($5500000) except as modified as per sub-Article 2308 The driver (incumbent lessee) shall pay to the lessee the full value of the succession fee within sixty (60) days of the date of acceptance of the offer Once the driver has paid the succession fee the driver becomes a single plate lessee for the purposes of this Collective Agreement and will assume all rights duties responsibilities and obligations of a single plate lessee as set out in this Collective Agreement

The Parties agree that any monies or other considerations paid to a lessee at any time other than the time set out in sub-Article 2304 above shall not be counted towards the succession fee

The amount of $300000 (plus HST if applicable) shall be paid to the Company as a consulting fee by the incumbent lessee no later than the day before the day the incumbent lessee becomes a single plate lessee for the purposes of this Collective Agreement

Any lessee who exercises the succession option voluntarily terminates hisher employment with the Company and loses all seniority A driver who wishes to subsequently be rehired by the Company as a driver shall be placed at the bottom of the seniority list The driver will be eligible to become a lessee two (2) years from the date of hisher rehiring

The amount set out in sub-Article 2304 shall be increased annually on the date of the plate and stand rent increases set out in Article 27 of this Collective Agreement The annual increase shall be the same as the average of the percentage increase in the plate rent and the stand rent for that year

In the event of the death of a lessee and provided the lessee is up to date with all payments to the Company and has no outstanding amounts owing to the Company whatsoever the lessees estate shall have up to six (6) months from the date of death to exercise the option of succession

Collective Agreement laquoCompanybullbull Page 30

2310

2311

(a)

(b)

(c)

2312

Leasing agreements must be entered into provided they do not conflict with the terms of this Agreement

Without limiting the generality of 2310 in any way whatsoever a leasing agreement shall contain the following provisions

The lease shall terminate automatically for failure to fuHill any term of the lease including but not limited to failure by the lessee to fulfill any financial obligation or failure by the lessee to obtain replacement insurance in the event of cancellation of insurance

The lessee shall be the principal driver of the taxi vehicle which is attached to the taxi license plate

This Collective Agreement between the parties shall be the entire agreement and there shall be no other fee condition or other obligation except those set out in the Collective Agreement

All leased plates shall remain as such and shall not be converted to rental vehicles for the duration of this Agreement provided there are persons willing to leased said plates

ARTICLE 24 GRIEVANCE PROCEDURE

2401 A grievance shall include any issue regarding the interpretation administration application or alleged violation of this agreement It is the mutual desire of the parties that complaints of the drivers be adjusted as quickly as possible To that end the parties have adopted the following grievance procedure

STEP 1 A driver may bring his complaint to the Supervisor of the Members of the Owners Group If the driver does bring his complaint to the Supervisor he must do so within twenty (20) days of the incident or of he having knowledge of this incident giving rise to the complaint Where the complaint is brought forward it must be given to the Supervisor and the Supervisor shall reply within two (2) working days

STEP 2 Failing settlement of the complaint at Step 1 or where the driver has chosen not to avail himself of Step 1 the driver must file the grievance in writing within twenty (20) days of the incident or omiddotf he having knowledge of this incident giving rise to the grievance The grievance must be referred to the Member of the Owners Group claimed to be responsible andor any other person designated by the Member of the Owners Group Grievances shall be dealt with at the Step 2 meeting which shall be scheduled on the 3rd Wednesday of every month This monthly Step 2

Collective Agreement ccCompanyraquo Page 31

meeting shall be one meeting held at the Companys office Where the grievance involves the discharge of a driver the parties agree to meet within ten (1 0) working days of the filing of the grievance A representative of the Union shall be present at all step 2 meetings The Member of the Owners Group must respond within three (3) working days of the meeting

2402 Should a group grievance or a Union or policy grievance develop it shall be filed at Step 2 within twenty-five (25) days of the incident giving rise to the grievance or of the drivers or Union having knowledge of this incident

2403 Failing settlement under the above the matter in dispute may be taken to arbitration in accordance with article 26

2404 Drivers employed by single plate owners and single plate lessees may not grieve matters or disputes arising between the driver and the single plate owner or single plate lessee A committee shall be set up and made up of equal numbers of Uniondriver and Company personnel to assist in resolving disputes between the drivers and single plate owner and single plate lessee The committee shall have the power to determine a procedure to be followed as well as to determine fault and penalties

ARTICLE 25 ARBIrRATION

2501 After exhausting the provisions of the grievance procedure either of the parties may submit a grievance to arbitration either expedited or formal in writing within thirty (30) days of the Step 2 reply or if there is no reply within thirty (30) days after the expiration of the time limits to provide a reply

2502 Unless otherwise mutually agreed by the parties all grievances referred to arbitration not relating to an indefinite suspension a discharge or any separation of employment or to the interpretation of the collective agreement group grievances and policy grievances shall be referred to the expedited process

Grievances referred to arbitration in respect of indefinite suspensions discharge or separation of employment for any reason or to the interpretation of the collective agreement and group grievances may only be referred to this expedited process by the mutual agreement of the parties

2503 Within fourteen (14) days after notice has been given that the grievance will proceed to formal arbitration the parties shall meet and agree on a single arbitrator If the parties cannot agree on an arbitrator within this time limit either party may request the Minister of Labour to appoint an

Collective Agreement laquoCompanyraquo Page32

arbitrator and this appointment shall be binding on both parties In respect of the cost of arbitration of formal grievances the parties shall share equally the fee and expenses of the sole arbitrator

2504 The formal arbitrator shall have the right to exercise all the powers provided by the Labour Relations Act as amended from time to time

2505 The Arbitrator must hand down a written decision within sixty (60) days of the date of the hearing

2506 As an alternative to the formal arbitration process set out in the foregoing paragraphs a grievance may be referred to a previously agreed-upon person who shall hear the grievance and who shall at the conclusion of the hearing give a decision immediately Such decisions may not be used to alter modify or amend any part of the collective agreement and are made without precedent or prejudice to similar or like cases Such a decision shall be final and binding upon both parties and no further action may be taken on that grievance by any means whatsoever

2507 To maintain the efficiency of this expedited process the parties shall schedule a minimum of one (1) day of arbitration every three- (3) months except in those circumstances where either party deems it necessary to schedule the arbitrator more frequently

2508 The parties shall share equally the fee and expenses of the persons selected to hear the expedited arbitration cases

2509 At all expedited arbitration hearings the Company or Member of the Owners Group shall be represented by a member of their management and the Union shall be represented by a Union staff representative or an officersteward of the Local Union

2510 The Union shall forward to the representative of the Member of the Owners Group a list of the expedited grievances to be heard on the day or days scheduled for the hearing of grievances according to the expedited arbitration procedure The aforementioned list shall be forwarded to the representative of the Member of the Owners Group no later than ten (10) working days in advance of the hearing unless otherwise mutually agreed

2511 By exception a party may call one (1) witness at an expedited arbitration

2512 Prior to proceeding to formal or expedited arbitration and at least thirty (30) days prior to the date of arbitration the parties may upon mutually agreement request that any grievance be referred to a mediator to act as a grievance mediation officer for the purpose of attempting to

Collective Agreement laquoCompanyraquo Page33

mediate a settlement of the grievance The parties shall share equally the fee and expenses of this officer

ARTICLE 26 TAXI PACKAGE

2601 The employer shall provide to the rental driver at no extra cost motor vehicle insurance with a collision provision deductible not exceeding $50000 for each accident at fault

The Owners Group shall also provide to the rental driver at no extra cost comprehensive coverage with zero (0) deductible including but not limited to fire and theft It is agreed and understood that comprehensive coverage does not cover driver added equipment

2602 Each rental driver shall be supplied for a daily twelve (12) or twenty-four (24) hour period at no extra cost a roadworthy safe sedan four (4) door taxicab with proper weather resistant tires for all seasons and with a seating capacity for not less than four (4) passengers containing

2701

2702

2703

1 A roof sign 2 A sealed taxi meter 3 A two-way radio 4 A full size spare tire subject to space limitations 5 A tire tool 6 A jack 7 A mike clip 8 A full tank of gas at start date 9 Air conditioning on replacement vehicle where possible 10 An electric rear window defroster or blower

Any equipment owned by the Owners Group that becomes inoperative shall be repaired as soon as possible

ARTICLE 27 RENTAL CHARGES AND TERMS OF AGREEMENT

This agreement shall take effect upon ratification and be binding on both parties for three (3) years and shall continue for annual periods of one year each unless either party gives at least one hundred and twenty (120) days notice that it wishes to amend this agreement

It is agreed and understood that this agreement will remain in full force and effect until amended by negotiations

Rates shall be as follows

Collective Agreement laquoCompanyn Page 34

712011 712012 712013

Stand Rent (monthly) $43900 $45000 $45900

Plate Rent (monthly) $71926 $75000 $75960

Daily Car Rental 24 hr Regular Plated $9700 $9700 $9700

24 hr Accessible Plated $10500 $10500 $10500 12 hr Regular Plated $6700 $ 6700 $6700

12 hr Accessible Plated middot $8300 $8300 $8300

Credit Card Transaction 50 50 50

Debit Card (per) Transaction $065 $065 $065 (To the Driver)

POS Rental Fee (monthly) $800 $800 $800

POS Insurance (monthly) $300 $300 $300

Note The above rates do not include HST

Note For purposes of car rental rates the weekly rents shall be six (6) times the daily rent

Note It is recommended that drivers use Company supplied POS machines and systems

2704 Employees shall pay all monies owed to the Company in the following manner Monthly By the 5th business day of the month

2705 Any employee failing to pay monies by the above dates and times shall be suspended and not reinstated until the monies are paid in full and credited to their account

2706 Employees shall be entitled to pay their rents to the company by company approved charges cash and cheque - provided the employee has at least one (1) year of seniority

Employee(s) who have one (1) cheque returned NSF shall be suspended immediately upon the company receiving notification from the

Collective Agreement ((Company Page35

bank shall lose such privilege for twelve (12) months and shall be charged the appropriate charges

ARriCLE 28 GENERAL

2801 The Company and drivers shall maintain its internal company charge system and accept major credit cards which currently include Visa Mastercard American Express and Diners Cluben Route as approved by the Company

2802

2803

2804

2805

2806

2807

This system shall continue for the duration of this Agreement so long as external factors outside the Companys control do not prevent the Company from doing so Drivers shall be entitled to cash their charges provided they do not have any outstanding balances at the offices of the Company during the hours of 0830am to 400pm Monday to Friday except holidays The Company shall make available to the employees during normal business office hours receipt cards and credit card slips All credit card charges must be authorized

Drivers shall pay a fee of five (5) of all credit card charges that they redeem

Except as otherwise provided in this agreement all passengers shall be treated in a polite professional courteous and businesslike manner at all times by both the Owners Group and the employees

If requested a properly signed receipt shall be furnished by the owner for all payments made by the driver (If requested said receipt shall show a breakdown of all payments made by the driver and the dates for which they apply) For the purposes of this clause a numbered computer receipt shall be deemed to be signed

The employees who own their own vehicles whether or not they own their own license shall have absolute choice as to where their vehicle is to be repaired andor maintained

No employee either full-time or part-time shall abuse or mistreat any vehicle or equipment (ie roof sign radios meters and aerials)

The Owners Group agrees to work with the Union to lobby the City of Ottawa to allocate stands where necessary and appropriate

The Company agrees to provide the Union with the rules covering the stands controlled by concession agreements

Collective Agreement ccCompanyraquo Page 36

bull

2808 Subject to the provision of adequate insurance coverage all car owners shall be free to place a second driver or a third driver on their vehicles should they require without interference from the Company

2809

2810

2811

2812

2813

2814

In the event the Company refuses an individual employment as a second driver or as a third driver the Company agrees that such refusal may be the subject of a grievance and the onus of proof shall rest with the Company to show just cause for such refusal

The parties agree that no vehicle will have more than three (3) drivers at any one (1) time

The Company shall take reasonable steps to maintain all current concession agreements for the duration of this agreement The Company shall take all reasonable steps to obtain additional concession agreements

The Company shall have a phone line separate from the dispatch office so that drivers business people friends of the office staff may call through middot without having to tie up the dispatchers time The separate phone line may be used by the dispatch office during non-business hours

Time-off without rental fees or loss of seniority will be given to those members of the bargaining unit who are called for jury duty Rental driver(s) must park their rental vehicle(s) at the Companys premises should the jury duty go beyond three (3) days

The Company shall maintain a drivers waiting area As well the Company shall allow the drivers to use the telephone in the office for local calls only pursuant to the current past practice

In the event of an assessment to the CompanyOwners Group by WSIB in relation to the provision of WSIB benefits for the Bargaining unit personnel the CompanyOwners group and the Union agree to renegotiate in good faith the rates set out in Article 2703 Where the parties fail to reach agreement on the issue the matter shall be referred to an arbitrator for full and final settlement

When a customer complaint is received by the dispatcher the latter will advise the customer that an authorized representative of the Company will handle the complaint in an expeditious manner Upon request by the Union the Company shall provide a copy of the computer printout and all other relevant information including but not limited to any taped conversation related to the complaint being investigated The privacy of the customer is paramount and will at all times be respected

Collective Agreement ccCompanybullbull Page 37

2901 (a)

(b)

ARriCLE 29 BEREAVEMENT LEAVE

The Members of the Owners Group agree to grant affected employee(s) the necessary time off of up to four (4) days without fees at the time of death of the following relative(s) of said employee(s) father mother spouse (includes common-law) child brother sister mother andor fathershyin-law

The Members of the Owners Group further agree to grant to affected employees two (2) days without fees at the time of death of the following relatives of the employee sister andor brother-in-law and grandparent

ARTICLE 30 SOCIAL JUSTICE FUND

3001 The Company shall pay to the Union an amount of eight hundred ($80000) dollars per collective agreement year with such amounts being made payable to the CAW Social Justice Fund Inc Said amounts shall be paid by separate cheque by the last day of February in each year of this collective agreement A tax receipt shall be supplied to the Company on receipt of said amount

ARTICLE 31 SAFETY BANQUET

3101 The Company agrees to contribute seven hundred and fifty dollars ($75000) to the Unions annual Safety Banquet in each year of the Collective Agreement

SIGNED THIS DAY OF APRIL 15 2012

FORTH~

~~

Collective Agreement laquoCompanyraquo Page38

Collective Agreement laquoCompanyraquo Page39

SCHEDULE 11 A 11 LIST OF THE OWNERS GROUP

Coventry Connections Inc

Collective Agreement ccCompanyraquo Page40

SCHEDULE nan EXISTING CUSTOMS RIGHTS AND PRIVILEGES

1 There shall be no charge for the receipt cards

2 There shall be no charge for credit card vouchers subject to suppliers (third party) availability and conditions Should the Company pursue a course of action leading to Point of Sale terminals which usage will include Debit transactions Decremental Cards and Credit Cards there would be a charge for paper usage

3 The drivers shall choose their own working hours during their shift

4 Reasonable accommodation shall be given to payment of outstanding debts for accident(s) The following minimum payments are required

A) Up to $1 00000 - $ 1 000 per day

B) Over $100000- $2000 per day

Agreed to on the understanding that this does not apply to spare cars

Collective Agreement laquoCompanyraquo Page 41

SCHEDULE C RULES AND REGULATIONS

1 The following articles of clothing are not acceptable forms of attire at OJS

(a) Sweat pants and shorts except for dress shorts Dress shorts will be allowed from April to Labour Day Drivers caught wearing inappropriate shorts will be given one (1) warning and any future occurrence with regards to inappropriate shorts will cause them to lose the right to wear dress shorts for the duration of that season Shorts can be no shorter than three (3) inches above the knees

(b) T-shirts (except Union decaled T-shirt) without lapels tank tops and muscle s1middot1irts

NB Clothing andor other attire with obscenities profanities or sexually degrading remarks are not acceptable Hair must be clean and neat Faces must be clean-shaven or beards neatly trimmed Clothing must be tear and rip free with no visible patches and is to be cleaned and ironed as required Socks must be worn at all times with all types of footwear except for sandals

2 Drivers must be courteous and pleasant at all times and must conduct themselves in a professional business-like manner

3 There is to be no abusive foul language or gestures directed at customers or the general public

4 Consumption of alcohol or drugs will not be tolerated prior to the commencement of a shift andor while driving

5 There wiil be no arguing and fighting among drivers or other DJs personnel under any circumstances

6 No playing of cards or any other games of chance is allowed at any time when working This includes any form of gambling or betting on the air

7 Profanity or abusive language on the air or in your vehicle is prohibited at all times

8 Use of cell phone during the conveyance of a customer(s) is prohibited

9 Each taxicab and driver shall carry at all times a current street guide Drivers are to make proper use of this guide to avoid unnecessary air time

Collective Agreement ccCompanyraquo Page42

10 Deliveries are to be taken directly to the destination Running other fares while occupied on deliveries will not be permitted unless approved by the dispatcher

11 No messages between drivers are permitted Drivers will receive messages to call home spouse office union office partner or garage

In addition When an authorized Union rep asks the dispatcher to have a member of the bargaining unit call them for union business only this will be allowed and if necessary a phone number will be given

12 Picking up a fare while on the way to an accepted dispatch call will not be permitted

13 Drivers must allow 5 minutes wait at the customers pick-up address

14 Drivers shall take reasonable steps to ensure that they pickup only those fares that they are dispatched to Drivers must check with dispatcher for authorization before taking another fare from same address

15 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical breakdown emergency or any other reason(s) not herein listed the dispatcher shall reshydispatch the fare and suspend the driver for one (1) hour

16 Interference or jamming of the radio is a Federal offence and will not be tolerated

17 When necessary drivers must assist customers with handling of baggage and opening and closing of doors

18 No complaining to customers about short fares or time calls A list of regular short fares will be established and such fares shall be dispatched as Locals

19 At customers request music radio and other sound systems except for the twoshyway radio must be turned off

20 Driver must issue a receipt card upon request by customer Drivers signature must be clearly marked in the appropriate place on the receipt card There is no charge for the issuance of a receipt card

21 No new driver is to commence work until he has been briefed by OJS staff in the operating of our charge account system

22 Some of the guidelines in the operation of our charge account system are as follows

Collective Agreement laquoCompanyraquo Page43

(a) All charges are to be signed with car number (eg-DJ70) and date clearly written

(b) If the fare goes to more than one destination these other destinations are to be clearly marked on the reverse side of the chit

(c) Taxi chits to be signed by the customer and dollar value to be clearly marked

(d) Gift certificates which currently have a maximum value of $500 each are to be accepted at face value and change given as required

(e) Drivers must note on back of chit the drop offpick up address if it is different from address shown on face of chit

Drivers are prohibited from buying other drivers charges whether they be DJS drivers or other cab Companys charges Violation of this rule shall result in the following fines

1st offence -2d offence bull 3rd and subsequent offences-

$5000 per chit $10000 per chit $20000 per chit

plus the face value of each chitCredit Card in all cases

The parties agree that the above penalties are specific penalties within the meaning of the Ontario Labour Relations Act An Arbitrator shall not have the power to alter or modify any penalty imposed under this clause

(f) Drivers must accept all major credit cards approved by OJS Taxi

(g) Drivers are responsible for ensuring that all necessary information is clearly marked on charge vouchers as follows

bull Customers name and signature bull Card number (correct number of digits) bull Expiry date bull Drivers signature and car number (eg-DJ70) bull Ensure proper copies of charges are submitted to the Company for

processing bull No hand written major credit card sales drafts will be accepted

23 All cars are to be cleaned inside and out by 1000 am every day with due regard given to road and weather conditions

Collective Agreement Page44

24 All drivers must ensure that they have change for $2000 at all times and will not be removed from the sheet while getting change provided they are not called

25 No taxicab driver shall charge a passenger for

(a) The cost of proceeding to an establishment for change or

(b) Waiting time while a passenger obtains the change provided the bill presented for payment is of $2000 denomination or less

26 No vehicle to be left unattended with keys in the ignition

27 No person(s) unless authorized by the Company shall accompany the driver in the vehicle while heshe is occupied with a paying fare

28 Taxis must not be left unattended on a OJS taxi concession stand for more than ten (1 0) minutes

29 Only au~horized drivers with valid licenses can operate a taxi-licensed vehicle

30 Roof sign must be removed from vehicle when not on duty or involved in an accident

31 ALL DRIVERS ARE ADVISED THAT IT IS AGAINST THE LAW AND OJS TAXI COMPANY LIMITED POLICY TO REFUSE DOG GUIDES IN THEIR CABS REFUSAL WILL RESULT IN FINES AND DISCIPLINARY ACTION BY THE COMPANY

1st offence - 1 week suspension 2nd offence - 2 weeks suspension

3rd offence - Dismissal No longer working under the OJS roof sign

Accommodating Persons with Disabilities

The Management of OJS Taxi wishes to advise all its employees drivers and others operating under the OJS Taxi roof sign of the OJS Taxi policy with respect to blind passengers whether or not they use dog guides

Under the Blind Persons Rights Act of Ontario no person may either deny any person services customarily available to the public or discriminate against any person with respect to services available to the public for the reason that they are a blind person accompanied by a dog guide

Under the Ontario Human Rights Code every person has a right to equal treatment with respect to the supply of services which includes taxi services

Collective Agreement laquoCompanyraquo Page45

bull

without discrimination because of among other things a disability A disability includes any physical impairment such as being blind visually impaired deaf or hard of hearing

Guide Dogs and Taxi Services Many disabled persons are physically dependent on guide animals in their daily activities Canadians who are blind or visually impaired deaf or hard of hearing or who have other types of disabilities such as epilepsy are dependent on guide animals

Accommodation of these individuals necessitates that they be permitted to take their guide animals with them into taxi cabs Refusing to allow them to do so will infringe on their human rights and is against the Blind Persons Rights Act of Ontario and the Ontario Human Rights Code

This notice will simply repeat what should be apparent to you all that if a blind person with or without a dog guide is refused services by any OJS Taxi driver such actions will result in fines to the driver and other disciplinary action including the possibility of suspension by the Management of DJs Taxi Co Ltd

For more information regarding guide animals please review the attached pamphlet and information sheet published by Dog Guides Canada

Any inquiries concerning this policy should be directed to any member of the Management who will if it is required explain the policy to you

32 Drivers are not allowed in the dispatch office

33 All parking tickets will be paid by the rental driver responsible

34 In order to boost with Company owned taxicabs employees must request an obtain instruction from the garage manager or his designee on the proper method of boosting in order to reduce any risk of injury to the driver passenger and damage to the vehicle(s)

In the event of misuse employees at their discretion may be either disciplined in accordance with the principle of progressive discipline or have the option of reimbursing the Company for the cost of damaged parts

35 Any driver operating a taxi while his drivers license or taxi license is under suspension will be disciplined unless the driver can obtain written proof from the Ontario Ministry of Transport andor the appropriate taxi licensing authority that the driver did not receive evidence that hisher license was suspended or cancelled

36 When necessary or requested all elderly andor disabled customers are to be assisted in and out of taxicab at all times

Collective Agreement laquoCompanyraquo Page 46

37 No stealing fares

38 Drivers are not allowed to book no loads and run the fare

39 Drivers cannot refuse dispatched fares subject to article 1304 andor where the driver believes his safety or health is at risk

40 Failure to come to voice after two (2) requests by the Dispatch Supervisor will result in the Driver being suspended in the computer

41 Dispatch staff will not make phone calls for drivers unless it is an emergency situation

42 There shall be no personalization of any fares or trips placed through the Dispatch System of OJS Taxi except for returns east of but not including the Civic Hospital within the same twenty-four (24) hour period Where a return-call has been prearranged through the Dispatch System prior to the initial call being dispatched then the return-call cannot be personalized

43 Drivers will pay monies owed to the company by 400pm on the day that they are due No driver with an outstanding balance will be allowed to book on the sheet until their account is paid in full to the business office This means credited to their account and a receipt issued

44 Dispatchers shall give the line-up every thirty- (30) minutes except for the months of December January and February On implementation of the Computerized Dispatch this clause will be eliminated

45 All deliveries shall be given out as regular calls except where provided in this agreement and all employees shall have the option to refuse to deliver alcohol When a dispatcher requests a driver to call him for information concerning a delivery the dispatcher will first give the delivery address over the radio to ensure the delivery is being dispatched correctly

46 When drivers book out of their cars to attend scheduled complaint meeting appointments they shall be allowed to remain in their spot on the line up queue passed by for fares and treated by the dispatch as if they are no longer on the sheet

When the affected driver returns to his car and books back in he shall be returned to his position in the line up queue and given his next rightful fare

The maximum time a driver shall be allowed to book out for a complaint meeting is one half-hour

Collective Agreement laquoCompanyraquo Page 47

This rule shall only apply if the affected driver does not incur any discipline as a result of the complaint meeting

47 All cabs at DJS Taxi must have a mike clip and the clip must be used Drivers must pick up their mike when communicating

48 Drivers using vans as taxicabs must have and make use of (when requested or required) a portable step to assist passengers in and out of their vehicles

49 All taxicabs must be free of any body damage and any damage must be repaired within ninety- (90) days

50 Roof signs must be kept in good working order and condition with Company approved logo clearly visible front and rear

51 In order to ensure equipment is compatible with computer dispatch system all new radio equipment must be approved by the Company prior to installation

Collective Agreement laquoCompanyraquo Page48

SCHEDULE D CREDIT CARD POLICY amp PROCEDURES

DRIVERS MUST ACCEPT ALL COMPANY APPROVED CHARGES CREDIT AND DEBIT CARDS

DRIVERS MUST HAVE A POINT OF SALE UNIT AND A MANUAL PRINTER PER CURRENT BYLAW CITY OF OTTAWA

Due to the increased use of fraudulent Credit Cards by customers in taxicabs the following procedures have been developed to protect drivers from falling victim to Credit card fraud When accepting Credit cards the following rules must be followed

Credit and Debit Cards- the following rules must be followed

AUTHORIZATION OF ALL DEBIT AND CREDIT CARDS

All Credit Card slips must be authorized regardless of amount Verification is generally done after the fare is completed but verification of an estimated or known amount can be done prior to the completion of the trip if

bull The destination is beyond the radio coverage area bull The driver has reason(s) to suspect the validity of the card

INFORMATION REQUIRED FOR ACCEPTANCE OF DEBIT ANDOR CREDIT CARD SLIP FOR PAYMENT The completed Credit Card slip must contain all the following information

(a) Vehicle Number (pre-printed on POS slip if not to be written by hand at the bottom of the slip)

(b) Drivers ID Number and Initials (c) Amount of fare and gratuity (if applicable) (d) Authorization number (Pre-printed on POS slip) (e) Date of the fare (Pre-printed on POS slip) (f) The Debit or Credit Card must be swiped at all times (in the event that the

receipt does not print imprinting Credit Card only on manual imprinter is acceptable with customers signature but the imprint of the card number has to be clear) In the case of a swiped transaction part of the card number will display per Credit and Debit Card industry rules

(g) Customers signature clearly written (Credit Card only) marked TRANSACTION COPY We will accept the CUSTOMER COPY as long as it has the customers signature Debit POS slips are to be submitted marked TRANSACTION COPY NO SIGNATURE IS REQUIRED

Collective Agreement laquoCompanyraquo Page49

DISPUTES BY A CUSTOMER

Should a debit or credit card slip be disputed by the customer their bank or other financial institution the company will investigate If such investigation proves fraud or error by the driver the driver will be charged back for the full amount of the charge

If the disputed transaction was processed on a non-company unit a $500 plus HST charge plus the value of the charge will be debited to the drivers account The Company will refund the customer for the value of the charge

Should a customer andor driver report that the charge has been approved more than once the Company will investigate The Company does not allow any refunds in the taxicab Drivers can void a transaction but this must be done before Batch Closing the transaction A Void can only be done in the presence of the customer as the card (debit or credit) must be present The driver can then re-swipe the card for the correct amount The Company publishes a toll free number for customers or drivers to call with any concerns about a transaction If a customer has been charged more than once for the incorrect amount the following procedures apply

Credit Card

The Company will verify that the customer was charged multiple times or has been over-charged and issue a refund as necessary The Company will send a copy to the customer upon request All refunds are processed on a Point of Sale unit or Virtual Merchant (on-line) The Company may contact the driver to determine the validity of the customers details

Debit Card

The Company will verify that the customer was charged multiple times or has been overcharged and issue a cheque refund as necessary The Company keeps a copy of the cheque issued

GENERAL INFORMATIONGUIDELINES

1 If the driver has overcharged the customer and has been paid the incorrect amount the Company will adjust the drivers account and provide a receipt The Company maintains a log in the even there is a dispute by the driver or the customer If the driver reports the overcharge that is logged on a Customer Incident Form which has a Control Number

2 Hand written Credit Cards will not be accepted All Credit Cards must be passed through a manual imprinter which clearly shows the full credit card number If the credit card number is not clear and cannot be authorized

Collective Agreement laquoCompany Page 50

the driver will face debitchargeback of the amount as it cannot be authorized

3 The only Credit Cards accepted by Taxitab a division of Coventry Connections Inc are

i Visa ii Mastercard iii American Express

Note Visa Mastercard and American Express all issue prepaid credit cards these are all accepted

4 Taxitab a Division of Coventry Connections accepts Debit Cards for Canadian Financial Institutions Debit Cards for foreign banks may not

work on the unit Visa Mastercard have commenced issuing Debit Cards these are all accepted These cards are clearly marked on the face of the card with the Visa and Mastercard logos

5 The following items are to be checkedverified by the driver upon presentation of a Credit Car (a to d) Debit Card (d only)

CHECK LIST

(a) Expiry Date Ensure the card is valid Check to be sure that the Card is not being used beyond the expiry date printed on the card If the card is expired refuse to accept it

(b) Altered Cards Check to see if the card has been noticeably altered in any way If it has been refuse to accept it

(c) Card holders name and signature Check that the signature on the Credit Card slip is the same name printed on the card At the same time check that the signature is the same as the signature on the rear of the card If there is no signature on the rear of the card ask the customer to sign it as you are required to check this

If in doubt ask to see some other form of identification (preferably one with a picture and signature) that ensures that the person using the card is who they say they are

(d) Amount of fare and gratuity (if applicable) The amount of the Debit or Credit card slip must be equal to the amount of the fare and the gratuity (where applicable) Each amount should be entered in their respective places and only by the customer unless otherwise directed In the case of a Debit Card customer must always enter their PIN number to

Collective Agreement ltbullCompany Page 51

authorize the card Drivers must remind customer that the TIP field comes first followed by the PIN number

(e) $150 Surcharge

Debit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated by the City of Ottawa By-Law The $150 charge is prompted by the point of sale unit automatically The Driver receives 65cent of the $150 for every transaction

Credit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated in the City of Ottawa By-Law The $150 charge is NOT prompted by the point of sale unit automatically The driver adds the $150 to the metered amount and enters this total in the base amount field

6 CAUTIONS

7

(a)

(b)

(c)

Bank Card only have the Bank name on the card

Credit Cards are identified by the VISA MASTERCARD AMERICAN EXPRESS OR DINERS CLUB-ENROUTE symbols Only Cards with these symbols will be accepted

Credit Cards will have a holographic image on the face of the card

CASH ADVANCES

The use of Credit Cards for cash advances in the taxicab is not permitted Credit Cards must only be used in the taxicab for paying for an actual fare Anyone using a Credit Card in a taxicab to obtain cash advance is most likely using a stolen or fraudulent card

8 OUT OF TOWN FARES

For the drivers protection it is suggested that for fares going out of town and the customer wishes to pay by Credit Card it is recommended that the driver authorize the fare at the beginning of the trip (dispatcher can give an estimated amount) If there is a difference process the difference at the end of the trip There is a pre-authorization feature available for Credit Card only on the Point of Sale unit The Company can activate this on driver request but the driver must be

Collective Agreement ccCompany)) Page 52

bull

9

given correct training for this There are several steps involved with pre-authorization that must be followed before batch closing

BATCH CLOSING

Drivers must close transaction in the terminals at the end of their shift Credit Card authorizations only remain in the terminal for five (5) days after that the processor closes them automatically Drivers must batch close all credit cards no later than four (4) days in order for the items to appear on the batch close report

Batch Close reports will print separately for Debit and Credit Cards and list the details of the transactions in the terminals showing the card type and the last four (4) digits of the card involved This Batch close cannot be reprinted drivers must hold on to them Attach the slips to the Batch Close and bring to the cashier The cashier will verify the attached slips are on the batch close and proceed to pay or credit the driver assuming all slips are authorized and complete (as discussed above under (1) Authorization Procedures)

The following circumstances regarding Batch Closes will apply

(i) Batch Close with All Debit and Signed Credit Card slips- Driver will be paid or credited at time of presentation at a cashiering station

(ii) Batch Close- No Debit Slips if the batch close shows a Debit Slip and the driver has misplaced or lost the slip the Driver will be paid or credited at the time of presentation at a cashiering station

(iii) Batch Close No Credit Card Slip- No Slip No Payment at time of cashiering (driver is to go to Driver Admin in this instance) If the driver has a signed manual slip and the last 4 numbers of the card match those on the batch close the slip will be accepted by the cashier

NO BATCH CLOSE REPORT -If a Driver has lost or misplaced Batch Close report the Driver is to go straight to Driver Admin (not cashiering) The Driver is to bring the receipts (if there is a credit card slip with no signature there is a separate procedure for this below) he has for which he has not batch close Driver Admin will initiate a Batch Close Incident Report which has a Control Number for future reference The Procedure is as follows

(i) Driver Admin to Photocopy all Slips and write the Control from the Batch Close Incident Form on the photocopy and date the sheet The

Collective Agreement ccCompanyraquo Page 53

bull

bull

Driver is to keep this in the event of a dispute or apparent nonshypayment in account

(ii) Driver Admin will complete the top copy of the report attach a copy of the slips The Driver will complete the bottom part of the report and sign it

(iii) Management will need 72 hours (three business days) from the date of Incident Report to investigate the transaction has been settled in the POS unit

(iv) Providing Management confirms the transaction is complete the slips will be credited to the Drivers account and a receipt will be printed A copy of the receipt is attached to the Batch Close Incident Report The Control from the Form is entered when the the amount is credited for reference A receipt can be printed at that time by cashier

(v) In the event that a driver does not have a Batch Close and presents a credit card slip with no signature the following will apply

(vi) If the Driver experiences a problem with the Batch Close or operation of the unit the Driver is to bring the unit to the office during normal hours Management will investigate the issue and call Driver to reshyissue the unit completing paperwork for the replacement unit which the driver will sign

Any driver attempting to defraud a customer by processing a debit or credit slip more than once will be terminated

Collective Agreement laquoCompany)) Page 54

bull

bull

SCHEDULE E STOLEN FARE POLICY

Whenever the Dispatch Supervisor receives a complaint that a fare either dispatched to the complainant or from within the same block of taxi standconcession on which the complainant is parked has been stolen and the identification of the accused is made known the Supervisor shall

(a) Bring the accused to voice and notify himher of the allegations

(b) Inform the complainant that a deposit of forty dollars ($4000) must accompany his accusation and to be deposited within one (1) hour of the complaint Where applicable inform the complainant that the accused wishes to challenge the allegations and the date and time of the hearing shall be known to both parties

(c) A failure of either party to attend the hearing will result in an additional fine of forty dollars ($4000) to be paid within sixty (60) minutes of the conclusion of the hearing or a suspension ob the absent party until payment is received

(d) Inform the accused of the available options

(i) Arrange for repayment of the fare in its entirety to a minimum of forty dollars ($4000) to the complainant a Union representative or the Company on behalf of the complainant within sixty (60) minutes or

(ii) If the allegation is being denied and the accused wishes to refute it forty dollars ($4000) must be deposited at the dispatch office within sixty (60) minutes with a notification to the Dispatch Supervisor that the allegation is being challenged

Where the accused fails to respond to two (2) voice messages or refuses to comply with (c) the accused shall have dispatch services suspended until in compliance or the Company receives instructions from a Union Representative to do otherwise

The penalty for a wrongful accusation is the payment of forty dollars ($4000) to the accused by the accuser in addition to the return of the accuseds deposited payment

It is understood and agreed that the action(s) of the Dispatch Supervisor(s) in the compliance of this Policy is not to be construed as a determination of who is the guilty party In all disputes regarding stolen fares the Committee shall make the final determination with respect to guilt

Collective Agreement laquoCompany Page 55

bull

bull

Note Such fare(s) will not be considered as Stolen Fare(s) if picked up by driver(s) arriving on the Concession(s)Taxi Stand(s) prior the driver(s) who accepted the dispatched fare(s)

Collective Agreement ((Company Page 56

bull bull

APPENDIX 1

PLATE CAR LESSEE IND START LESSEE START

1 1027 5027 ADAM GRANT 1 91111986 111987

2 1015 5015 TIMS VAUGHN 411995 411995

3 1043 5043 MARTON FERENC G 10251995 10251995

4 1050 5050 DUBOIS JOHN 12111994 311996

5 1048 5048 SUNIL JOSHI 1111994 711996

6 1030 5030 SLIM MOHAMED 711996 7111996

7 1041 5041 JAMALEDDINE ZAHER 911996 911996

8 1040 5040 MAHEUX FRANK 11151996 181997

9 1109 1 5109 ASTLEY JAMES 1011994 1131997

10 1045 5045 MELHEM SAMIR 1211996 9211997

11 1028 5028 LABINE ANTHONY 10151980 11281997

12 1054 5054 ELmiddotNEMER NEMER 11131997 21271998

13 1113 5113 WEAGANT BROCK C 82211988 3131998

i

14 1039 5039 SOBH HAC HEM 11171997 5111998

15 1044 1 5044 MOUFARREJ RAYMOND 10241996 1161998

16 1042 5042 MCCONVILLE BILL 311992 11111998

17 1107 5107 GIANNAKOS LOUIS I 9111997 491999

18 1026 5026 VERMA LALIT 51261996 5311999

19 1033 5033 MITCHELL BRUCE 111987 9301999

i

20 1108 5108 PAPPAS CHRISTINE 121111991 1041999

rmiddot 1014 5014 NYTRA BEDRICH 961996 3302000

22 1000 5000 ABOUmiddotARRAG SAM I 611997 7132000

23 1038 5038 MUNROE JOHN 1111977 492001

24 1022 5022 RADULESCU GELU 611999 5232002

25 1139 5139 HASSOUN I MOUFID 71211999 8152002

26 1006 5006 SADER I GHASSAN 6211999 292004

27 1029 5029 CLAYTON GREG 911980 21132004

Collective Agreement ccCompany Page 57

bull

28 1034 5034 IBRAHIM 12301995 4302004

29 1037 5037 ABDALLA HASSAN I 3312000 2202006

30 1010 5010 HASSOUN AD NAN 8272001 312006

31 1031 MASSOUD 1241998 312006

32 1 1o35 5035 JANCO 911992 362006

1 33 1036 5036 SINGH BALWANT 92211999 3172006

Collective Agreement ltltCompanyraquo Page 58

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 2: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

TABLE OF CONTENTS

Article Page

ARTICLE 1 PURPOSE 1 ARTICLE 2 PARTIES TO THE AGREEMENT 1 AND 2 ARTICLE 3 UNION RECOGNITION 2 ARTICLE 4 MANAGEMENT RIGHTS 2 ARTICLE 5 SOLE AUTHORITY 4 ARTICLE 6 UIJION SECURITY 4 ARTICLE 7 CONTRACTING OUT BARGAINING UNIT WORK 5 ARTICLE 8 UNION REPRESENTATION 5 ARTICLE 9 DISCIPLINE AND DISCHARGE 7 ARTICLE 10 NON-DISCRIMINATION 9 ARTICLE 11 STRIKES LOCKOUTS PICKET LINES AND LABOUR DISPUTES 9 ARTICLE 12 DISPATCH 9 ARTICLE 13 EMPLOYEES DUTIES 18 ARTICLE 14 TECHNOLOGICAL CHANGE 20 ARTICLE 15 SENIORITY 20 ARTICLE 16 COMMITTEES middot 22 ARTICLE 17 SAFETY AND HEALTH 23 ARTICLE 18 WORK WEEK 24 ARTICLE 19 STATUTORY HOLIDAYS 24 ARTICLE 20 TIME OFF 25 ARTICLE 21 INSURANCE 26 ARTICLE 22 TAXI PLATE SALES 28 ARTICLE 23 SUCCESSION AND TAXI PLATE LEASES 29 ARTICLE 24 GRIEVANCE PROCEDURE 31 ARTICLE 25 ARBITRATION 32 ARTICLE 26 TAXI PACKAGE 34 ARTICLE 27 RENTAL CHARGES AND TERMS OF AGREEMENT 34 ARTICLE 28 GENERAL 36 ARTICLE 29 BEREAVEMEIJT LEAVE 38 ARTICLE 30 SOCIAL JUSTICE FUND 38 ARTICLE 31 SAFETY BANQUET 38 SCHEDULE A LIST OF THE OWNERS GROUP 40 SCHEDULE B EXISTING CUSTOMS RIGHTS AND PRIVILEGES 41 SCHEDULE C RULES AND REGULATIONS 42 SCHEDULE D CREDIT CARD POLICY amp PROCEDURES 49 SCHEDULE E STOLEN FARE POLICY 55 APPENDIX 1 51 APPENDIX 2 PARA TRANSPO TRANSIT SERVICES 59 LETTER OF UNDERSTANDING NO1 DISPATCH 60

COLLECTIVE AGREEMENT

between

OJS TAXI ZIPTRACK TAXITAB COLLECTIVELY REFERRED TO AS THE COMPANY AND ALL

MUL TIPLATE OWNERS HEREINAFTER REFERRED TO AS THE OWNERS GROUP

(Hereinafter referred to as the Company)

and

NATIONAL AUTOMOBILE AEROSPACE TRANSPORTATION AND GENERAL WORKERS UNION OF CANADA

(CAW-CANADA) AND ITS LOCAL 1688

(Hereinafter referred to as the Union)

ARTICLE 1 PURPOSE

1 01 The purpose of this agreement is to establish identify and maintain for the duration of this agreement a division between drivers the Company and the Owners Group As well the agreement is established to maintain mutually satisfactory working conditions and to provide machinery for a prompt and equitable disposition of grievances for all employees who are subject to the terms of this agreement

102 The word driver or employee wherever used in this Agreement shall mean a person who operates a taxicab under the Companys roof sign and shall mean any or all of the members of the Bargaining Unit as defined in Article 201 except where the context otherwise provides The word Company wherever used in this Collective Agreement shall mean OJS Taxi except where the context otherwise provides The wordsmiddot Member of the Owners Group wherever used in this Agreement shall mean any person who owns or controls two (2) or more taxi plates or taxicabs Wherever the masculine gender is used in this Collective Agreement it shall be deemed to include the feminine and the singular shall include the plural and vice-versa wherever the context so requires

ARTICLE 2 PARTIES TO THE AGREEMENT

201 BETWEEN

Collective Agreement ltltCompanyraquo Page 1

NATIONAL AUTOMOBILE AEROSPACE TRANSPORTATION AND GENERAL WORKERS UNION OF CANADA (CAW-CANADA) AND ITS LOCAL 1688 01JTARIO TAXI UNION

(HEREIN AFTER TERMED THE UNION)

AND

ZIPTRACK INC TAXITAB INC AND OJS TAXI COMPANY LTD (COLLECTIVELY REFERRED TO AS THE COMPANY AND ALL MULTI-PLATE OWNERS ASSOCIATED WITH OJS TAXI HEREINAFTER REFERRED TO AS THE OWNERS GROUP AS OUTLINED IN SCHEDULE~ AND TO BE MODIFIED FROM TIME TO TIME BY THE PARTIES

AR-riCLE 3 UNION RECOGNI1-ION

301 The Company and the Owners Group hereby recognizes the Union as the sole and exclusive bargaining agent of all employees and ownershyoperatorsdependent contractors of DJS Taxi Company Limited working as taxi drivers in the City of Ottawa save and except dispatchers call takers persons above the rank of dispatchers office and clerical staff multi-carmulti plate ownerslessees and independent contractors

302 Clarity Note For the purposes of this agreement independent contractors are persons who own one licence andor vehicle but do not operate the taxicab

ARTICLE 4 MANAGEMENT RIGHTS

401 The Members of the Owners Group shall have the exclusive right to operate and manage their respective business to maintain order and discipline to promote to demote and to discharge employees for just cause

402 The Company and the Owners Group agrees that in exercising their management rights they shall be fair reasonable and consistent with the terms of this agreement

403 The rules and regulations attached as Schedule C to this agreement shall not be changed without the written agreement of the parties Any new rules must be discussed by the rules committee prior to implementation and the Union shall have the right to grieve any of the new rules that it deems middotunreasonable andor the application of any rule

Collective Agreement laquoCompanyraquo Page2

404 Present drivers and all new drivers shall be given a copy of this agreement and of the said rules and regulations so that all employees that are subject to the terms of this Agreement must know what is required of them in the general conduct of the Company and the Owners Groups business

405 Nothing in these rules and regulations shall deprive the employees of the rjght to challenge any penalty through the regular grievance procedure as outlined in Articles 24

406 Existing customs practices rjghts privileges benefits and working conditions as set forth in Schedule B shall be continued to the extent that they benefit the employee and are not inconsistent with the spirit and terms of this agreement

407 The existing customs practices rights privileges benefits and working conditions may be modified by written mutual agreement of the parties

408 The Company shall maintain promote and operate the roof sign DJs Taxi for the duration of this agreement

410 Any plate not affiliated with DJs Taxi by April 30th of any year shall not be permitted to begin operation under the DJs roof sign during the months of May June July and August of said year A list of all plates affiliated with DJs Taxi as of the 30th day of April in each year will be supplied to the Union by the 15th day of May of said year The Parties agree that the maximum number of accessible vehicles operating under the DJs roof sign shall not exceed in the following years

bull 2007 -thirty-five (35) bull 2008- fifty-five (55) bull 2009- sixty-five (65) bull 2010- seventy-five (75) bull

Notwithstanding the foregoing where the Company acquires another Taxi Company whose fleet includes accessible vehicles the above-noted numbers would be increased by the number of accessible plates operating at the acquired Company at the time of the acquisition so long as all phone numbers accounts and taxi concessions associated with that Company become part of the DJs Taxi business

411 The Company agrees that any multi-plate owner operating under the DJs roof sign that moves a vehicletaxi-plate to another Company heshe will not be allowed to return said vehicle taxi-plate to operate under the OJS taxi roof sign for a period of two (2) years except where the Company acquires another Taxi Company at which the moved plate(s) were operating

Collective Agreement laquoCompanyraquo Page3

ARTICLE 5 SOLE AUTHORITY

501 This Agreement shall be the sole authority governing the relationship between the Company and the Owners Group and the employees The signing of this agreement by the parties will render null and void any outstanding personal contracts that may have been entered into between the Company and the Owners Group and the Employees as it relates to this Collective Agreement

ARTICLE 6 UNION SECURITY

601 The Company and the Owners Group agrees that for as long as this agreement remains in force it is a condition of employment for all present employees to become and remain union members in good standing as of the date of ratification of this agreement and for all new employees to become and remain members in good standing of the Union as of their first day of hire

602 The Company shall collect from each employee such amounts as the Union shall affix each month for union dues plus any assessments that the Union may affix from time to time

603 It is the duty of the Company to ensure that each employees monthly dues initiation fees where applicable andor assessments are properly collected and recorded

604 The Company shall collect all dues including back dues late dues and initiation fees andor assessments on the employees first regularly scheduled payment day of each month and submit to the Union no later than the last day of each month a cheque representing the dues initiation fees andor assessments of each and every employee

605 The Company must by the last day of each month submit to the Union a list of names in alphabetical order or car number order of all persons paying dues initiation fees andor assessments for that month This list shall include the employees current addresses phone numbers - as supplied by said employees - and plate numbers as of the first (1st) day of the month

606 The Union agrees to give the Company one (1) months notice in writing of any changes to the prevailing Union dues any assessments or initiation fees

Collective Agreement ccCompanyraquo Page4

607 The Company upon receipt of a written request from an employee shall supply said employee with a receipt for monies collected on behalf of the Union from that employee for the previous calendar year

ARTICLE 7 CONTRACTING OUT BARGAINING UNIT WORK

701 The Company shall not contract out bargaining unit work

702 Supervisors office staff garage staff dispatchers phone staff andor any other person(s) outside the bargaining unit except for multi carplate ownerslessees shall not perform bargaining unit work

ARTICLE 8 UNION REPRESENTATION

801 The Union shall notify the Company and the Owners Group in writing of names phone numbers (if any) taxi plate number and position(s) of the persons authorized to represent the Union andor the employees for the purpose of this agreement

802

(a)

(b)

803

Further the Union shall promptly notify the Company and the Owners Group in writing of any changes in these names andor positions

The Members of the Owners Group shall provide to the Union all necessary information relating to the following matters on a current basis

A list of employees showing their names addresses and taxicab plate numbers

Employees andor their business agent with the written consent of that employee shall have access to any report complaint or personnel records at reasonable times and shall upon request be supplied with copies of the documents at said employees expense The Company agrees that any information if found to be inaccurate will be corrected

Upon the Union giving reasonable notice during business hours (Monday to Friday) the Company will broadcast notice(s) of Union meeting(s) across the dispatch system once every four (4) hours during the forty-eight (48) hour period immediately preceding the date of the Union meeting

Such announcements shall be limited to no more than twice (2) per month

804 The present notice board will be maintained and made available for the posting of messages and communications directly related to Union

Collective Agreement laquoCompanyraquo PageS

805

806

(a)

(b)

(c)

business subject to the approval of the Company whose approval shall not be unreasonably withheld

Union representatives shall be entitled to distribute Union literature at or near the Companys place of business during non-working and working hours

Upon written request from the President or Business Agent of the Union a leave of absence shall be granted to

Employees for the purpose of attending Union functions including but not limited to conventions schools seminars or other functions excluding matters arising from the administration of this Collective Agreement

Three (3) employees for the purpose of attending contract negotiations meetings with the Company

Provided that in all instances the President or Business Agent notifies the Company at least seven (7) days prior to the intended leave as it applies to (a) and in (b) as much time as possible

An employees seniority will continue to accumulate during a leave of absence and employees will not be charged any fees for up to maximum of fourteen (14) days per calendar year per employee provided such employees do not work their scheduled shifts During this period except for days of negotiations rental cars are to be parked at owners premises The following pro rated charge will apply for negotiations If negotiations end before 1400 hrs - 12 day credit If continued past 1400 hrs -full days credit to affected employees

807 Leave of absence without fees shall be granted for a period of up to one (1) year to an employee who is engaged in full-time Union activity Such leave of absence shall upon request be extended from year to year to a maximum of three (3) years

During such period(s) of absence seniority shall continue to accumulate All Owners Group equipment and licenses will be returned to the Owners Group Member(s) prior to said leave

808 All taxicabs operating within the bargaining unit may place in the right hand corner of the rear window- without interference from the CompanyshyA Union decal supplied by the Union Such decal shall not exceed four (4) inches in diameter

Collective Agreement ccCompanyraquo Pageamp

809 Union representatives or stewards shall be entitled to book off the dispatch system and leave their work during working hours in order to carry out Union business as they may be advised by the Union

ARTICLE 9 DISCIPLINE AND DISCHARGE

901 No employee shall be disciplined or discharged without just cause

902 The Company andor Owners Group shall provide the Driver and the Union with written notice(s) of any discipline taken against a driver of the bargaining unit within thirty (30) business days of the incident giving rise to the discipline except for creditdebit card andor taxi chit fraud which shall be within sixty (60) business days of the incident giving rise to the discipline or the penalty will be null and void and further except where if the driver has been charged with a criminal offence and this comes to the attention of the Owners Group within six (6) months of the incident

903

904

905

(a)

By mutual agreement of the parties a minimum of one day per week shall be scheduled for the purpose of investigating complaints or allegations which may result in discipline to a driver A shop steward or Union representative shall be in attendance Notwithstanding the foregoing the Company or the Owners Group may initiate an investigation at any time if either deems the issue to be of a serious nature Should the investigation involve an interview of a driver the driver shall be entitled to Union representation

A driver is a probationary driver until he has worked for three (3) months under the DJs roof sign During this probationary period the driver would be working on a trial basis and be disciplined up to and including discharged at the sole discretion of the Company provided that the Companys decision is not arbitrary discriminatory or in bad faith as per Article 1 0 of this Agreement

Discipline shall be applied middotuniformly and disciplinary measures shall be appropriate to their cause(s) and subject to the principle of progressive discipline middot

The Owners Group agrees not to enforce Municipal Provincial or Federal Laws unless related to vehicle or public safety or to customer service

A grievance concerning a discharge of an employee shall commence at Step 2 of the grievance procedure within six (6) working days of the event

Such grievance may be settled by Confirming the action of the member of the Owners Group or

Collective Agreement ccCompanyraquo Page7

906

907

908

(b)

(c)

(d)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

Reinstating the employee with no loss of seniority andor with compensation as may be determined by the parties or

By any other arrangement which may be deemed just and equitable or

By proceeding to Arbitration in accordance with Article 25

No person shall have their dispatch services curtailed or suspended without just cause In the administration of this clause drivers shall complete the shift except

Where they or their vehicle is a danger to the public

Where they have not fulfilled their monetary obligations to the Owners Group or the Union

Or where their vehicles are required for garage service

When the taxi is dirty either inside or outside or both (car wash)

When the taxi driver has stolen a fare

When the taxi driver is not properly dressed

When the driver is intoxicated andor on illegal drugs

Employees shall have the right to have Union representation in meetings with the Company relating to discharge or discipline of that employee If a Union representative is unavailable for a scheduled meeting between the Company and that employee the meeting will not go ahead as planned

Disciplinary actions and adverse reports of an employee shall remain on said employees file for a period of one (1) year from the date of the offence No disciplinary proceedings against that employee shall be used after one (1) year except for disciplinary records involving sexual harassment assaults or refusal of a Guide Animals which shall remain on file for four (4) years from the date of the discipline

The Company is prepared however to review all driver files and have discussions with the Union with respect to those drivers who have had repeated problems

909 Employee(s) under suspension shall not pay any cab-rental or stand rent commencing on the fourth (4th) day of suspension and shall not pay plate rent commencing the beginning of the fourth (4th) week of suspension A

Collective Agreement laquoCompanyraquo PageS

suspended employee shall not be entitled to operate on any Company taxi stand while under suspension

ARTICLE 10 NON-DISCRIMINATION

1001 The Owners Group shall not discriminate against employees with respect to terms and conditions of employment on any of the prohibited grounds named in the Ontario Human Rights Code or on the grounds of union activity

1002 There shall be equal opportunities regardless of sex in all facets of the Company and the Owners Group business governed by this agreement

1003 No employee shall be required to retire on the grounds of age

ARTICLE 11 STRIKES LOCKOUTS PICKET LINES AND LABOUR DISPUTES

11 01 There shall be no strikes or lockouts so long as t~1is agreement continues to operate The word strike and the word lockout shall be defined in accordance with the definitions set out in the OLRA 1995 as amended

1102 Employees in the bargaining unit shall have the right to refuse to cross a picket line andor refuse to handle struck work in connection with a labour dispute

11 03 Failure to cross a picket line or handle struck work shall not be considered grounds for disciplinary action or otherwise be a violation of this agreement

1201

(a)

ARTICLE 12 DISPATCH

The Company shall supply maintain and operate a computerized dispatch system to provide fair and equal distribution of all calls trips or parcels received by the Company Computers in vehicles shall be serviced and maintained in working condition by the Company as the need arises

1202 The Company shall ensure that all requests for taxicab service are dispatched through the dispatch system of the Company and shall only be dispatched to licensed taxicabs in an equitable manner as determined by the terms of this agreement

Collective Agreement ccCompanyraquo Page9

1203 The Company agrees that the geographic locations of the stands which shall include backup stands shall be outlined in APPENDIX 1 and attached to this agreement Modifications can be made from time to time with the written approval of the parties

1204 The Company agrees that the current phone number (613) 829-9900 shall be used offered andor advertised for the dispatch of taxicabs operating under the Companys roof sign The Company further agrees that the telephone number (613) 829-9011 shall continue to be used for the dispatch of taxicabs operating under the DJs Taxi roof sign The parties agree that this latter telephone number shall not be advertised for DJs Taxi Co Ltd middot

1205 middot1n cases of abuse of the cheater switch the Union agrees that computer records of call-backs shall be prima facie proof of the abuse alleged by the Company Nothing herein shall be construed to condone or permit the use of the cheater switch Violations of this sub-article shall be considered grounds for discipline

1206 All requests for non-metered taxi service or other special taxi services shall be distributed in a fair and just manner

1207 Dispatchers phone staff and supervisors shall not dispatch any call or trip to any driver or on behalf of any driver by means of a pager or other similar communications device including but not limited to telephones with the exception of Para Transpo runs which shall be distributed in accordance with Appendix 3

1208 The Company shall ensure that there is no preferential treatment to any individual in respect of taxi dispatch services

1209 The Company shall employ a sufficient number of trained staff to serve the business in an efficient and expeditious manner

1210 When the Company dispatches a fare to an address that is different from the stated address of the caller the Company shall pay twenty dollars ($2000) to the driver dispatched

1211 The Company shall ensure that no derogatory remarks andor profane language is directed by the dispatchers and phone staff to drivers and vice versa The Company shall ensure that dispatchers and phone staff perform their duties in a polite businesslike and courteous manner at all times

1212 When a cancellation is received through the computerized dispatch system within the lead time of the Zone of the original call being placed

Collective Agreement laquoCompany)) Page 10

and the telephone number given at the time of the cancellation matches the telephone number given at the time of the request for the taxicab andor when a vehicle is dispatched to a non-existent address that is confirmed by the dispatch Supervisor the vehicle sent to that address would be placed in the first available position in the priority queue (given a No load)

bull No Load Priority Cancellation Local Incomplete Address

1213 In the event of a failure or malfunction of the computerized dispatch system the Company agrees that after a maximum of ten (10) minutes the addresses of the calls waiting will be made known to the drivers by voice In the event the server(s) is down for longer than twenty (20) minutes the Company must credit every driver in the bargaining unit an equal amount using the following formula five hundred dollars ($50000) divided by the total number of drivers in the bargaining unit to a maximum of two (2) crashes per month The Company will be entitled to two (2) downtime occurrences per month for upgrading and maintaining dispatching software and call centre hardware The Company agrees to notify the Union of the time and date of any organized shutdown The Company shall use its best efforts to have the shutdown during non-peak hours

1214 The Company agrees that dispatchers shall co-operate in every way possible to aid an employee who reports himself in danger The dispatcher shall not assess for himself the degree of urgency in any distress call and shall utilize nearby taxicabs andor police to provide aid

1215 (a) Time Calls

Time calls are prearranged calls Pre-arranged fares going to the Airport Train or Bus Station or downtown will also be considered a time call Time calls will be dispatched fifteen (15) minutes prior to the requested time to the first car booked on the corresponding stand

Out of town fares are calls reserved at least one ( 1) hour prior to the requested time It must have an estimated destination exceeding 100 kms or be on the middotflat rate sheet These fares will be dispatched forty-five (45) minutes prior to the requested time

The dispatcher may increase lead-time for time calls or out of town calls if weather traffic road conditions or the distance to locations warrant it

Collective Agreement ccCompanyn Page 11

(b) No information will be given out by the dispatch staff concerning fares coming into the Company office except for requests concerning the number of time calls to be dispatched between the next time period of 330 am - 630 am Dispatchers shall upon request inform the driver of the number of time calls to be dispatched during the next time period of 330 am - 630 am Dispatchers shall not give out any information with reference to the location of any time calls

1216 It is agreed that any concessiontaxi stand fares must be dispatched to drivers booked on the sub zones If no drivers are booked on the sub zone the fare will be dispatched as a regular fare If no drivers are booked on the zone the fare will be displayed on the main zone only as a fare waiting

1217 Attributed Call

These are calls where a special circumstance is made known to the Callshytaker and drivers are not forced to accept

Attributed calls shall include calls originating from the following locations or where the special circumstance indicated is made known to the phone staff

1 Bars -(except those listed as Messages) 2 Parcels 3 Wheel Chairs 4 Animals -(except guide animals) 5 Bicycles 6 Moving Jobs 7 Station WagonsNans 8 Boosts 9 No-Van Calls

Calls originating from the following addresses will be sent out as messages however should there be a Call-back for any of these addresses the Call-back shall be dispatched as a Local to the first car booked on the appropriate Zone

(a) OConnorsAMC Theatres (Kanata Centrum)

(b) Vox LoungeCock amp Bull (Bells Corners) (c) Park n Rides

(i) Baseline Station (ii) Fallowfield Station

(d) Grace OMalleys (Merivale and Capillano)

Collective Agreement ccCompanyu Page 12

1218

(e) (f) (g) (h) (i) (j)

Sergeants Pump (Merivale Rd) Coliseum Theatres Bayshore Transit Eagleson Transit Station Kanata Town Center Terry Fox Transit Station

For the purpose of article 1224 the following hours are considered peak periods

(i) During the months of November December January and February Mon - Fri 700 AM - 500 PM Thurs - Sat 500 PM - 300 AM New Years Eve 500PM-500AM New Years Day

(ii) During the months of March April and October Mon - Fri 700 AM - 300 PM Fri amp Sat 11 00 PM - 200 AM

(iii) For Canada Day 400 PM - 200 AM for

Christmas Day New Years Day (except as outlined above) Good Friday Easter Monday and Thanksgiving Day are exempt from the above

1219 Fares originating in the City of Ottawa and any other points west of Ottawa including Richmond Ontario shall be dispatched to the first taxicab appropriately booked on the corresponding stand

1220 Weather permitting there should never be a call back from customers due to the late arrival of a cab All fares accepted must be serviced without delay All stands will have a maximum response time limit of fifteen (15) minutes Phone personnel will tell customers that the cab will arrive within 10-15 minutes please be ready

Should the Company receive a Call-Back after the lead-time of a dispatched fare discipline shall be applicable to the affected driver(s) as follows

(a) 1st Offence First written warning and a fine of $2000 will be imposed and collected by way of the drivers account

(b) 2nd Offence Second written warning and a fine of $3000 will be imposed and collected by way of the drivers account

(c) 3rd Offence- Third written warning and a fine of $5000 will be imposed and collected by way of the drivers account

Collective Agreement ((Companyraquo Page 13

(d) 41h Offence- A final written warning and fine of $7500 will be imposed

and collected by way of the drivers account

(e) 5th Offence- Dismissal

Monies collected shall be used to appease dissatisfied customers and to advertise the DJs business

1221 Locals I Freebies

1222

1223

1224

a) b) (c)

These are calls that are dispatched to the first car booked in a Zone (Stand) and the driver accepting said call has a maximum of thirty 30) minutes to complete the call and rebook on the same stand the call was dispatched from in order to be placed in the first available position in the priority queue

Locals shall include calls originating from the following locations

Major shopping centres Groceries A list consisting of a maximum of five 5) addresses

When being dispatched on the Computerized Dispatch System Fare Waiting shall mask all calls or trips for the duration of this Agreement

No calls trips or parcels shall be dispatched on voice except where provided in this Agreement

In recognition of the fact that the Company operates a multi-fleet dispatch operation the Company and the Union agree that the staffing levels of the dispatch operation to service the DJs fleet shall always be no less than one (1) call taker and no more than middotfive 5) call takers One (1) call taker shall always have priority to respond to DJs calls with the balance of the call takers having secondary priority on a cascading basis To address any problems arising from dispatch issues the parties agree to establish a Dispatch Committee of equal representation to meet at mutually agreeable time frame upon request of either party within fifteen (15) days of notice being given by either side Issues may include but not restricted to hardware software or manpowerstaffing The Parties agree to address any such issue in an expeditious and fiscally responsible fashion

When the DJs fleet reaches one hundred and thirty (130) taxi cabs the Company shall add a second call taker having priority to respond to DJs calls but only during peak periods When the DJs fleet reaches one

Collective Agreement laquoCompanyraquo Page 14

hundred and sixty (160) the Company shall increase the number of call takers to two (2) having priority to respond to DJs calls at all times

1225 A list of persons and addresses owing money to drivers for fares not paid shall be compiled by the Company and kept in the dispatch office at all times No requests for taxicabs or specialty services excluding school and contract runs shall be dispatched to these persons andor addresses until the monies owing are paid

1226 Dispatchers phone staff and supervisors shall not remove falsify alter any request for taxicab service placed with DJs taxi dispatch service

1227 The Company shall ensure that dispatchers phone staff or supervisors shall not accept money or other forms of favour or inducements from any person where the objective of such payment is the granting of preferential treatment to any individual in respect of dispatch services

1228 When a call back is received after the lead time of the call in question the dispatch supervisor will send two 2) voice messages at least one (1) minute apart for the driver to come to voice If the driver fails to respond the call will be re-entered as a local call and if said driver is booked into the system heshe will be suspended until there is a response Drivers failing to go on or being late on their calls will be further disciplined in accordance with progressive discipline

1229 The Company shall discipline any driver who assigns a dispatched fare to another driver

1230 (a) The discipline or discharge of a driver who has completed hisher probationary period shall be grievable in accordance with Article 24 of this Agreement The Company agrees that it shall apply the principle of progressive discipline However the Company reserves the right not to apply the principle of progressive discipline for certain offences based on their severity

(b) The Company shall discipline any driver as follows for the specific offences listed below

i) Assigns or redirects a dispatched fare to another driver operating under the OJS roof sign as follows

a) 1st offence- 1 shift b) 2nd offence- 2 shifts c) 3rd offence - 3 shifts

Collective Agreement laquoCompanyraquo Page 15

(ii) Cancels a fare already inputted into the Ziptrack Dispatch System as follows

(a) 1st offence- 1 shift (b) 2nd offence - 2 shifts (c) 3rd offence- 3 shifts

(iii) Telephones the Ziptrack Dispatch System with an illegitimate call as follows

(a)

(b)

(c)

1st offence - 2 shifts and $2500 to the affected driver pajable by the offending driver 2n offence - 4 shifts and $2500 to the affected driver payable by the offending driver 3rd offence - termination of employment

(iv) Assigns or redirects a dispatched fare to another driver operating under another roof sign as follows

(a) 1st offence- termination of employment

For purposes of this provision one (1) shift is a period of twelve (12) consecutive hours for a twelve (12) hour driver and twenty-four (24) consecutive hours for a twenty-four (24) hour driver

1231 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical break down emergency or any other reason(s) not herein listed the dispatcher shall re-dispatch the fare and suspend the driver for one (1) hour

1232 Definitions

Accessible call means a valid request for an accessible taxicab by a person with a wheel chair or is otherwise defined by any statute or regulation thereof

Accessible Driver means a driver who is qualified to drive an accessible taxicab under the applicable By-laws of the City of Ottawa

Accessible Plate means a licence for an accessible taxicab that is issued to a person who has qualified to hold an accessible licence under the applicable By-laws of the City of Ottawa

Collective Agreement laquoCompanyraquo Page 16

middotAccessible Taxicab is a taxicab which is designed to accommodate one or more individuals who require the use of a wheelchair without the need to transfer the individual from the wheelchair which vehicles are otherwise subject to federal and provincial legislation applicable to the transport of Physically Challenged Persons and in respect of which an accessible plate has been issued

Attribute means in respect of a vehicle the association with that taxicab in the Ziptrack dispatch software system of a special feature (or restriction) for that vehicle required for specific types of fares

Call means a request for taxi service received by Ziptrack by a telephone call to the DJs Taxi number 829-9900

Cover or Covered as applicable to a fare means there-dispatch of a previously accepted fare at the request of the accepting driver for valid reason (mechanical breakdown accident or other emergency) in accordance with normal dispatch procedures

Taxi Stand means a space on private property for taxicabs operating under the DJs Taxi roof sign specified under an agreement between Coventry Connections Inc or Ziptrack Inc or a space specifically designated as a taxi stand from time to time on a public street or other public space by the City of Ottawa

Accessible Vehicle Dispatch

(a) It is agreed that calls placed through the dispatch system for an accessible taxicab shall be dispatched only to accessible taxis defined by the dispatch system as an Attribute Where there are no accessible taxicabs booked into the dispatch system and available to accept a call such call shall be displayed as being available on the fare broadcast screen

(b) An accessible taxicab may be dispatched as a standard sedan taxicab at anytime that it is not dispatched on an accessible fare An accessible taxicab shall not be given priority for any type of fare other than an accessible fare An accessible taxicab shall be booked off all zones when any fare is accepted or rejected

(c) The driver of an accessible taxicab is not authorized to reject an accessible fare if he is booked on the dispatch system or is in a queue at a taxi stand or company concession Failure to accept an accessible fare shall be deemed a rejection of an accessible fare and shall be subject to discipline

Collective Agreement ccCompany Page 17

1301

1302

1303

1304

(d) In the event that a driver of an accessible taxicab who has accepted an accessible fare requests to be covered and where such request is granted the driver shall be booked off the dispatch system for a minimum of one (1) hour or until the fare is covered

(e) The driver of an accessible taxicab that rejects or is deemed to have rejected an accessible fare under paragraph (c) above shall be booked off the dispatch system until one ( 1) hour after the accessible fare has been accepted and or service (the record of which not withstanding sub-Article 908 of the Collective Agreement shall be kept for five (5) years

(f) All accessible calls shall be masked by ACCESSIBLE FARE WAITING

(a)

(b)

(c)

(d)

(e)

ARTICLE 13 EMPLOYEES DUTIES

All employees shall perform their duties in a business like professional and courteous manner and shall not use abusive language on the air to customers or to Owners Group Staff

All employees shall be neatly dressed well groomed neat and clean in personal appearance

All employees shall give a receipt on the authorized form of the Owners Group showing the date car number and drivers name when requested to do so by the passenger or whenever there is a dispute over the fare

Subject to the above and except when he has a previous engagement ttle employee shall serve the first person requiring the service of his taxicab except when the prospective passenger

Is disorderly or abusive or poses a health or safety risk In cases of disputes involving intoxication andor health and safety risk and while the well being of the driver is of paramount importance extreme caution and sound discretion must be exercised prior to any refusal At all times the nature of the business that being a service Industry must be borne in mind so each and every situation must be measured on its own merit by the driver

Is in possession of an animal other than a Guide Animal or

Refuses to state his final destination upon entering the taxicab or

Has not paid a previous fare or

Refuses to pay in advance for flat rate out of town trip(s) or

Collective Agreement laquoCompanyraquo Page 18

(f)

1305

1306

1307

1308

1309

(a)

(b)

(c)

Has called two (2) cab companies for the same fare

In the event a driver discovers a lost object in the taxicab he shall immediately advise the dispatch supervisor of his findings with a description of the object an approximate idea of who might have left said object along with the pick-up and drop-off addresses of the customer if possible

Within twenty-four (24) hours of an objects discovery the driver shall take said object to the nearest Ottawa police station or to the Ziptrack Inc dispatch office at no cost or when directed to do so within the above mentioned twenty four (24) hours A receipt for said object will be issued if requested

Subject to Article 1305 should the customer wish the immediate return of the lost object the dispatcher shall notify the customer of the approximate metered cost of return from the location of the driver at that time and the employee shall return the object immediately to the customer at the standard metered rate

No employee shall be forced to violate a Municipal Provincial or Federal Law or regulation in the performance of ~1is duties

The Company shall provide the drivers with a list of all current flat rates Upon any changes to said list a new list shall be issued within thirty (30) days following such changes

No person(s) who will be driving under the DJs roof sign except for rehires who have been absent for less than three (3) years shall be hired or permitted to commence employment until

Heshe has successfully passed the test which the Company shall devise and administer with regard to the operation and knowledge of the taxi related Industry Said test shall include but not be limited to the knowledge of the Ottawa-Carleton area but with an emphasis on the areas directly affected by this collective agreement

Orientation by the Operations Manager or his designee on the DJs Taxi charge system

Heshe has been given a six (6) hour in-car training session This session will comprise of accompanying the prospective employee for a period of six (6) hours to learn the stands customer relations specific to DJs Taxi two-way radio booking practices and a general familiarization with the DJs environment The cost associated with this in-car training session shall be

Collective Agreement ccCompanyraquo Page 19

$10000 and said cost shall be borne by the prospective employee Failure to pass any portion of this test shall result in a fourteen (14) day waiting period before the applicant will be allowed to re-do the portion(s) of this sub-article which heshe has failed The cost associated with re-doing a) or c) will be $5000 while re-doing both would be $10000

During this waiting period the applicant will not be allowed to operate under the DJs roof sign No person operating a taxicab under the DJs roof sign will be assigned any duties associated with this sub-article

Tests are given on the first and third Mondays of each month on a first come-middotfirst serve basis by appointment Failure to attend for a scheduled date and or time will result in the forfeiture of the appointment and a new date will be booked on a first available basis only

ARTICLE 14 TECHNOLOGICAL CHANGE

1401 Technological Change means but is not limited to the introduction of changes to the present systems the introduction by the Company of additional radio channels computerized dispatching systems or any other mechanical electrical or other system including but not limited to fuel systems at no cost to the drivers

1402 In the event of any technological change the Company shall notify the Union in writing at least ninety (90) days before the introduction of such changes unless prior discussions with the Union have occurred

1501

1502

1)

2)

3)

ARTICLE 15 SENIORITY

Seniority shall be applied in determining layoffs preference for time off and recall from lay off as set out in other provisions of this agreement

Prior to being offered employment an individual shall be required to present to the Member of the Owners Group and the Company all relevant documentation namely

Valid Ontario or Quebec Provincial drivers license with a current provincial driving record with no more than six (6) demerit points at such time and if applicable has been pardoned for any prior conviction for impaired driving

Applicable Taxi Drivers License

Original copy of a Motor vehicle drivers abstract no older than twentyshyeight (28) days

Collective Agreement laquoCompanyraquo Page 20

4) Letter from previous or present insurer (where possible)

5) Work permit if applicable

6) Proof of Union membership

7) Social Insurance Numbercard or verification from appropriate federal government department of such number

8) A clear Police Criminal Record check no older than twenty-eight (28) days

9) Training as set forth in 1309

The above requirements do not apply to a driver who changes status or moves between Members of the Owners Group or Single Plate Owner or Single Plate Lessee provided the driver does not go more than thirty (30) calendar days without being registered on a taxicab except by reason of a proven medical illness Requirement 9 above does not apply to a driver who had previously driven under the DJs Taxi roof sign within the previous twelve (12) months Nevertheless each driver is required to register such changes with the Company To facilitate the drivers ability to register such changes the Company office shall be open from 830 am to 200pm daily except Saturday Sunday and Statutory Holidays

1503 The Owners Group shall recall laid off employees in the reverse order of lay-off

1504 A driver injured or ill should notify the Company and the Union within two (2) weeks of his absence and should arrange to provide a detailed mediqal certificate as evidence of injury or illness and an estimated time of return signed by a doctor in order to preserve his seniority Only an employee returning from an absence of eighteen (18) months or less due to injury or illness shall be returned to his previous vehicle provided that said vehicle is still working as a taxicab if it is not he shall be returned to another vehicle on the same shift he had prior to his injury or illness

A driver replacing another driver who is on sick leave shall be notified of his status by the Owners Group and the Owners Group shall notify the Union of all details

An employee returning within 30 days from an absence due to injury or illness shall be returned to his previous vehicle provided said vehicle is still working as a taxicab and if it is not heshe shall be returned to another vehicle

Collective Agreement laquoCompanyraquo Page 21

1505

(a)

(b)

(c)

(d)

An employee returning to work after thirty (30) days but less than eighteen (18) months from the commencement of hisher injury or illness shall be returned to work displacing the most junior driver driving with the individual member of the Owners Group

Clarity Note (i) A twelve (12) hour driver returning from illnessinjury shall be returned to a twelve (12) hour shift car by replacing the most junior driver driving Should the most junior driver be driving a twenty-four (24) hour car heshe would then be offered the shift remaining after the returning driver has chosen

Clarity Note (ii) A twenty four (24) hour driver returning from illnessinjury would replace the most junior driver and assume hisher shift

Clarity Note (iii) Returning employees shall be given the first available car corresponding to their previous shift

An employee shall lose seniority and as such will cease to be an employee upon

Voluntarily quitting or resigning

Being discharged for just cause and not having been reinstated through the grievance or arbitration procedure

Failing to rent an available vehicle when duly notified of same while on layshyoff except or for certified medical reasons

Being laid off being without a valid work permit or being without a valid Provincial drivers license or appropriate Municipal taxi drivers license for a length of time equal to that employees seniority or twelve (12) months whichever is less

ARTICLE 16 COMMITIEES

1601 A UnionManagement committee shall be appointed consisting of up to three (3) representatives from the Union and up to three (3) representatives from the Company This committee shall meet every six (6) months for the purpose of discussing matters of mutual concern

1602 A safety committee consisting of at least two (2) representatives of the Union and two (2) representatives of the Owners Group shall meet at a mutually agreeable time frame upon the request of either party within thirty (30) days for the purpose of discussing matters of mutual concern Minutes will be kept of each meeting

Collective Agreement laquoCompany Page22

1603 A rules committee consisting of up to three (3) representatives of the union and of up to three (3) representatives of the owners group shall meet at a mutually agreeable time frame upon the request of either party within thirty (30) days for the purpose of negotiating changes to existing rules and for discussing any new rules prior to their implementation

1604 To address advertising the parties agree to establish an Advertising Committee of equal representation to meet at mutually agreeable times upon request of either party within fifteen (15) days of notice being given by either side The Committee shall be responsible for a budget of $2625000 over the term of this collective agreement which sum shall be spent to advertise and promote the DJs business

The parties must agree when and how the advertising will be allocated However the parties agree that advertising would include

bull Flyers bull Newspaper Ads bull Promotional Items (eg fridge magnets) bull Radio

ARTICLE 17 SAFETY AND HEALTH

1701 It is understood and agreed that driver safety is important to the individual employee and to the industry as a whole The Owners Group and employees agree to exercise their rights and to fulfil their obligations in accordance with this understanding The Owners Group will continue to encourage and welcome safety recommendations for the safety and health of drivers during their working hours

1702 The employer shall supply only safe and roadworthy vehicles and the equipment contained therein and the vehicles themselves shall be maintained in good working order Each rental vehicle shall meet the mechanical fitness standards as defined in Provincial legislation

1703 The Company agrees to pay the premiums to an insurer chosen by the Company to provide term life insurance coverage in the amount of ten thousand dollars ($1000000) for all employees provided that the affected employee has a minimum of one (1) year seniority under the DJs Taxi roof sign and is actively working on the day he attains this one ( 1) year seniority

All claims and payments shall be in accordance with the terms of the master policy of the insurer and the Company shall not be liable for any

Collective Agreement laquoCompanyraquo Page 23 middot

bull

non payment by the Insurer This insurance coverage will not be provided to any driver who is 65 years or older at any time during this agreement

The Company shall aid in collecting monies by allowing a cash donation box to be set up at their office for driver(s) involved in serious accidents The Company shall not be responsible for said box

1704 The Company shall supply a safety shield for the company owned rental vehicle when requested by that driver

All rental drivers who request a shield must continue to operate on a vehicle that is equipped with a safety shield so long as said driver is operating under the DJs roof sign provided one (1) is available Company rental drivers working with a shield shall have the option of refusing to operate any spare rental vehicle not equipped with a safety shield However once a driver accepts a spare rental vehicle not equipped with a shield he will be deemed to have given up his right to exercise this option on the same shift

ARTICLE 18 WORK WEEK

1801 The Owners Group agrees that the employees shall determine their work week subject to the provisions of this agreement

1802 The Owners Group agrees that the work week shall be based on seven (7) days

1803 Rental drivers shall pay their weekly rental over six (6) days and have the use of the vehicle for seven (7) days

1804 Stand rents for car owners shall be calculated weekly paid monthly or weekly at the discretion of the employee but limited to one change in the payment structure per calendar year Any reduction is to be calculated on a weekly basis and there shall be no reduction given for anything less than seven (7) consecutive days off except where provided in this agreement

1805 Shifts shall be mutually agreed upon by the partners on the vehicle and in case of dispute shifts shall commence at 400am and 400pm The change-over location shall be mutually agreed to by the partners on the vehicle and in case of dispute change over shall be at the Companys office

ARTICLE 19 STATUTORY HOLIDAYS

Collective Agreement laquoCompanyraquo Page 24

1901 (a)

(b)

All rental drivers (12 amp 24 hours) of the Owners Group shall be entitled to the following days off provided that they have worked more than three (3) consecutive months under the Companys roof sign

All single plate owners (SPO) and single plate lessees (SPL) shall be entitled to the following days off provided that they have completed three (3) months of service under the Companys roof sign and they shall not be charged plate rent or stand rent for said statutory holidays

Employees meeting the criteria outlined in (a) and (b) above shall be given credit for said days whether they choose to work or not Credits for statutory holidays shall be given at the time that payment is made for the period covering the day of the holiday

New Years Day Family Day Good Friday

Victoria Day Canada Day Labour Day

ARTICLE 20 TIME OFF

Thanksgiving Day Christmas Day Boxing Day

2001 All rental drivers (12 amp 24 hours) shall be entitled to four (4) weeks annual time-off

All single plate lessees (SPL) shall be entitled to five (5) weeks annual time-off for which they shall not be charged stand rent for time-off taken During said time-off heshe shall not be charged plate rent for the first four (4) weeks

All single plate owners (SPO) shall be entitled to seven (7) weeks annual time-off During this period they shall not be charged stand rent

SPOs and SPLs outlined above will be granted their requested time-off entitlement provided they have no balance owing and provided that a minimum of one (1) week written notice is given to the individual Member of the Owners Group (MOG) and the Company and provided further that said drivers have a minimum of one (1) completed year of uninterrupted service under the Companys roof sign

In cases of accidents and major breakdowns involving SPO and SPL no notice period will be required for time-off and credits for such time-off will be based on daily increments

Where a SPOor a SPL has used all hisher allotted time off and said SPO or SPL has an accident or major breakdown heshe will be given up to a maximum of ten (1 0) additional days of time off and during said time

Collective Agreement laquoCompanygtbull Page 25

heshe shall not be charged any stand rent subject to proof of inoperability of the vehicle being provided

In the case of SPOs and SPLs extended time-off will be allowed for overseas trips All rents must be paid in advance to cover the time off for the extension

Explanation Car owners time off is only when the car is off the road If the SPO or SPL puts a driver on the car it is not considered part of this time off

2002 Single plate owners and single plate lessees will be responsible for arranging for time off for their drivers

2003 Time off may be taken weekly or bi-weekly at the employees discretion Provided further where the employee has taken a minimum of one (1) week heshe may take additional days) of less than weekly increments) in conjunction with the one 1) week

2004 Time off must be taken during the calendar year and cannot be accumulated over more than one calendar (1 year

2005 The MOG SPL and SPO agree that roof signs taxi plates and all other items (computer equipment will remain with the Company during the employees time-off and in the case of rental drivers the rental vehicle will be returned to the vehicle owner

ARTICLE 21 INSURANCE

21 01 Every car owner has the right to obtain insurance from the broker or Company of their choice without interference from the Owners Group

2102 The Owners Group shall upon written request from an employee who is presently insured by a member of the Owners Group provide written details of claim settlements and accident records

2103 The Company shall provide at no extra cost motor vehicle insurance coverage with collision provision deductible not exceeding $75000 or the cost of repair whichever is less for each at fault accident

21 04 The Company shall provide at no extra cost comprehensive coverage with zero deductible including but not limited to middotfire and theft It is agreed and understood that comprehensive coverage does not cover driver owned equipment

Collective Agreement Page26

21 05 The Company shall provide accident benefit coverage as set out in the OAP 1 of the Ontario Automobile Insurance Act and shall abide by the guidelines and statutory conditions as set out by the Insurance Company with whom the Company is insured

2106 With respect to Articles 2103 2104 and 2106 above which applies to accessible shift vehicles only) the Companys obligation is to provide insurance coverage only Any determination of whether a driver is entitled to insurance benefits andor whether a claim shall be paid or denied in any given situation shall be the sole and exclusive responsibility of the Insurance Company

2107 A driver who is insured through the Company shall provide the Company with a Motor Vehicle Drivers Abstract one month before the annual renewal of the Companys insurance policy A driver shall provide additional Motor Vehicle Drivers Abstracts as requested by the Insurer

21 08 The Companys insurer may judge a driver to be a high risk and may assess a surcharge accordingly A driver who is found tomiddot be a higher risk will bear the cost of any such surcharge

21 09 A driver insured by the Companys insurer who is involved in an accident shall regardless of whether he or she was at fault notify the dispatcher immediately The driver shall indicate whether the accident should be reported to the police and whether the customer or driver require medical attention Following notification of the dispatcher the driver shall remove the roof sign from the vehicle and record to the best of his or her ability all relevant information The driver shall bring the relevant information to the office within 24 hours of the incident excluding weekends and holidays)

2110 Drivers are responsible for the replacement of all lost or stolen antennae andor roof signs

2111 The Company shall pay the full El payments for all rental drivers In the event of an increase in the premiums during the life of this Collective Agreement drivers shall pay the drivers share of the increase

2112 All drivers who are insured through the Company obtained insurance must sign the Companys insurance agreement prior to commencing work The Company shall provide insurance agreements with no more than a $75000 deductible to be paid after the accident The amount shall be paid at the rate of $1000 per shift until fully paid

Collective Agreement ((Companyraquo Page27

ARTICLE 22 TAXI PLATE SALES

2201 1 Members of the Owners Group shall be able to sell plate(s) in the following manner

2202

(a) A notice of its intent to sell plate(s) shall be posted and announced over the dispatch system for a period of three (3) days and shall be offered to the lessees and rental drivers in the bargaining unit

(b) Where there is more than one interested applicant the plate(s) shall be offered based on seniority and plates sold shall be the plate of the most junior lesseedriver

Where the sale will result in the layoff of a driver that driver shall be recalled prior to any new hires by all Members of the Owners Group

2 Where there are no applicants the Member of the Owners Group will sell the last leased plate at their discretion Any driver laid off shall be recalled prior to any new hires by all members of the Owners Group

3 Sale of More Than One Plate at One Time

4

5

The Owners Group has the right to sell to whomever they choose provided that no one is displaced

In the event that the most junior lessee is displaced as a result of the sale of the plate the Company agrees to pay to the displaced lessee no more than fifty-five thousand dollars ($5500000) in the first year of this Agreement and according to the succession plan as outlined in article 23 for the following years of this Agreement This would apply only if the said lessee has complied with the succession plan as per article 23

An individual Member of the Owners Group shall not require any of his drivers to give up their rights under this Agreement and work under another roof sign without the drivers written consent given before a Notary Public for Ontario The Union shall be supplied with copies of the consents

In the case where a Member of the Owners Group is leasing a taxi plate and the Member of the Owners Group has a car under this plate and this vehicle is then rented out on a 12 or 24 hour rental this article then does not apply The Owners Group cannot be held responsible for any damage or compensation that may arise from the actions taken by the 3rd party

Collective Agreement laquoCompanyraquo Page28

2301

2302

2303

1

2

3

4

ARTICLE 23 SUCCESSION AND TAXI PLATE LEASES

Definition

The process by which the lessee of a Company-owned taxi license plate having determined that heshe wishes to retire andor otherwise terminate hisher relationship with the Company and having officially notified in writing both the Union and the Company of hisher intention to do so offers the opportunity to hisher driver to be the lessees successor all in accordance with the conditions sot out in this Article

In order to be eligible to offer a lease for succession the lessee must have been a party to a valid taxi plate Leasing Agreement with the Company for a minimum of one (1) year and have two (2) years of continuous uninterrupted service operating a taxi vehicle under the Companys roof sign The lessee must also be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

In order to qualify as a successor the driver must be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

An offer for succession shall follow the following order

No offer for succession can be made until the day after the final version of the seniority list as outlined in Appendix 2 has been agreed upon and signed-off by the Parties

The lessee must notify the Company and the Union in writing of hisher intention to exercise the option of succession and the projected date of the succession

The taxi plate lease shall be offered to the lessees current driver (if any) who shall have thirty (30) days to reject or accept the succession

If the offer is rejected or thirty (30) days have passed since the offer was made the taxi plate lease shall be offered to the drivers who are not single plate lessees (SPL) or a single plate owner (SPO) on the seniority list who shall have thirty (30) days to reject or accept the succession

Collective Agreement ltltCompanygtgt Page29

5

6

2304

2305

2306

2307

2308

2309

The most senior driver on the seniority list (who is not a single plate lessee-SPL or single plate owner-S PO) who accepts the succession shall be the successful incumbent lessee

In the event that no driver accepts the succession the lessee may ask that his request for succession be held in abeyance until such time as an incumbent lessee is found or may retire andor otherwise terminate hisher relationship with the Company at the time of hisher choosing In the event that the lessee retires andor terminates hisher employment relationship the taxi plate shall be returned to the Company and assigned to the next senior eligible driver as per the Companys past practice

The succession shall be valued at no more and no less than fifty-five thousand dollars ($5500000) except as modified as per sub-Article 2308 The driver (incumbent lessee) shall pay to the lessee the full value of the succession fee within sixty (60) days of the date of acceptance of the offer Once the driver has paid the succession fee the driver becomes a single plate lessee for the purposes of this Collective Agreement and will assume all rights duties responsibilities and obligations of a single plate lessee as set out in this Collective Agreement

The Parties agree that any monies or other considerations paid to a lessee at any time other than the time set out in sub-Article 2304 above shall not be counted towards the succession fee

The amount of $300000 (plus HST if applicable) shall be paid to the Company as a consulting fee by the incumbent lessee no later than the day before the day the incumbent lessee becomes a single plate lessee for the purposes of this Collective Agreement

Any lessee who exercises the succession option voluntarily terminates hisher employment with the Company and loses all seniority A driver who wishes to subsequently be rehired by the Company as a driver shall be placed at the bottom of the seniority list The driver will be eligible to become a lessee two (2) years from the date of hisher rehiring

The amount set out in sub-Article 2304 shall be increased annually on the date of the plate and stand rent increases set out in Article 27 of this Collective Agreement The annual increase shall be the same as the average of the percentage increase in the plate rent and the stand rent for that year

In the event of the death of a lessee and provided the lessee is up to date with all payments to the Company and has no outstanding amounts owing to the Company whatsoever the lessees estate shall have up to six (6) months from the date of death to exercise the option of succession

Collective Agreement laquoCompanybullbull Page 30

2310

2311

(a)

(b)

(c)

2312

Leasing agreements must be entered into provided they do not conflict with the terms of this Agreement

Without limiting the generality of 2310 in any way whatsoever a leasing agreement shall contain the following provisions

The lease shall terminate automatically for failure to fuHill any term of the lease including but not limited to failure by the lessee to fulfill any financial obligation or failure by the lessee to obtain replacement insurance in the event of cancellation of insurance

The lessee shall be the principal driver of the taxi vehicle which is attached to the taxi license plate

This Collective Agreement between the parties shall be the entire agreement and there shall be no other fee condition or other obligation except those set out in the Collective Agreement

All leased plates shall remain as such and shall not be converted to rental vehicles for the duration of this Agreement provided there are persons willing to leased said plates

ARTICLE 24 GRIEVANCE PROCEDURE

2401 A grievance shall include any issue regarding the interpretation administration application or alleged violation of this agreement It is the mutual desire of the parties that complaints of the drivers be adjusted as quickly as possible To that end the parties have adopted the following grievance procedure

STEP 1 A driver may bring his complaint to the Supervisor of the Members of the Owners Group If the driver does bring his complaint to the Supervisor he must do so within twenty (20) days of the incident or of he having knowledge of this incident giving rise to the complaint Where the complaint is brought forward it must be given to the Supervisor and the Supervisor shall reply within two (2) working days

STEP 2 Failing settlement of the complaint at Step 1 or where the driver has chosen not to avail himself of Step 1 the driver must file the grievance in writing within twenty (20) days of the incident or omiddotf he having knowledge of this incident giving rise to the grievance The grievance must be referred to the Member of the Owners Group claimed to be responsible andor any other person designated by the Member of the Owners Group Grievances shall be dealt with at the Step 2 meeting which shall be scheduled on the 3rd Wednesday of every month This monthly Step 2

Collective Agreement ccCompanyraquo Page 31

meeting shall be one meeting held at the Companys office Where the grievance involves the discharge of a driver the parties agree to meet within ten (1 0) working days of the filing of the grievance A representative of the Union shall be present at all step 2 meetings The Member of the Owners Group must respond within three (3) working days of the meeting

2402 Should a group grievance or a Union or policy grievance develop it shall be filed at Step 2 within twenty-five (25) days of the incident giving rise to the grievance or of the drivers or Union having knowledge of this incident

2403 Failing settlement under the above the matter in dispute may be taken to arbitration in accordance with article 26

2404 Drivers employed by single plate owners and single plate lessees may not grieve matters or disputes arising between the driver and the single plate owner or single plate lessee A committee shall be set up and made up of equal numbers of Uniondriver and Company personnel to assist in resolving disputes between the drivers and single plate owner and single plate lessee The committee shall have the power to determine a procedure to be followed as well as to determine fault and penalties

ARTICLE 25 ARBIrRATION

2501 After exhausting the provisions of the grievance procedure either of the parties may submit a grievance to arbitration either expedited or formal in writing within thirty (30) days of the Step 2 reply or if there is no reply within thirty (30) days after the expiration of the time limits to provide a reply

2502 Unless otherwise mutually agreed by the parties all grievances referred to arbitration not relating to an indefinite suspension a discharge or any separation of employment or to the interpretation of the collective agreement group grievances and policy grievances shall be referred to the expedited process

Grievances referred to arbitration in respect of indefinite suspensions discharge or separation of employment for any reason or to the interpretation of the collective agreement and group grievances may only be referred to this expedited process by the mutual agreement of the parties

2503 Within fourteen (14) days after notice has been given that the grievance will proceed to formal arbitration the parties shall meet and agree on a single arbitrator If the parties cannot agree on an arbitrator within this time limit either party may request the Minister of Labour to appoint an

Collective Agreement laquoCompanyraquo Page32

arbitrator and this appointment shall be binding on both parties In respect of the cost of arbitration of formal grievances the parties shall share equally the fee and expenses of the sole arbitrator

2504 The formal arbitrator shall have the right to exercise all the powers provided by the Labour Relations Act as amended from time to time

2505 The Arbitrator must hand down a written decision within sixty (60) days of the date of the hearing

2506 As an alternative to the formal arbitration process set out in the foregoing paragraphs a grievance may be referred to a previously agreed-upon person who shall hear the grievance and who shall at the conclusion of the hearing give a decision immediately Such decisions may not be used to alter modify or amend any part of the collective agreement and are made without precedent or prejudice to similar or like cases Such a decision shall be final and binding upon both parties and no further action may be taken on that grievance by any means whatsoever

2507 To maintain the efficiency of this expedited process the parties shall schedule a minimum of one (1) day of arbitration every three- (3) months except in those circumstances where either party deems it necessary to schedule the arbitrator more frequently

2508 The parties shall share equally the fee and expenses of the persons selected to hear the expedited arbitration cases

2509 At all expedited arbitration hearings the Company or Member of the Owners Group shall be represented by a member of their management and the Union shall be represented by a Union staff representative or an officersteward of the Local Union

2510 The Union shall forward to the representative of the Member of the Owners Group a list of the expedited grievances to be heard on the day or days scheduled for the hearing of grievances according to the expedited arbitration procedure The aforementioned list shall be forwarded to the representative of the Member of the Owners Group no later than ten (10) working days in advance of the hearing unless otherwise mutually agreed

2511 By exception a party may call one (1) witness at an expedited arbitration

2512 Prior to proceeding to formal or expedited arbitration and at least thirty (30) days prior to the date of arbitration the parties may upon mutually agreement request that any grievance be referred to a mediator to act as a grievance mediation officer for the purpose of attempting to

Collective Agreement laquoCompanyraquo Page33

mediate a settlement of the grievance The parties shall share equally the fee and expenses of this officer

ARTICLE 26 TAXI PACKAGE

2601 The employer shall provide to the rental driver at no extra cost motor vehicle insurance with a collision provision deductible not exceeding $50000 for each accident at fault

The Owners Group shall also provide to the rental driver at no extra cost comprehensive coverage with zero (0) deductible including but not limited to fire and theft It is agreed and understood that comprehensive coverage does not cover driver added equipment

2602 Each rental driver shall be supplied for a daily twelve (12) or twenty-four (24) hour period at no extra cost a roadworthy safe sedan four (4) door taxicab with proper weather resistant tires for all seasons and with a seating capacity for not less than four (4) passengers containing

2701

2702

2703

1 A roof sign 2 A sealed taxi meter 3 A two-way radio 4 A full size spare tire subject to space limitations 5 A tire tool 6 A jack 7 A mike clip 8 A full tank of gas at start date 9 Air conditioning on replacement vehicle where possible 10 An electric rear window defroster or blower

Any equipment owned by the Owners Group that becomes inoperative shall be repaired as soon as possible

ARTICLE 27 RENTAL CHARGES AND TERMS OF AGREEMENT

This agreement shall take effect upon ratification and be binding on both parties for three (3) years and shall continue for annual periods of one year each unless either party gives at least one hundred and twenty (120) days notice that it wishes to amend this agreement

It is agreed and understood that this agreement will remain in full force and effect until amended by negotiations

Rates shall be as follows

Collective Agreement laquoCompanyn Page 34

712011 712012 712013

Stand Rent (monthly) $43900 $45000 $45900

Plate Rent (monthly) $71926 $75000 $75960

Daily Car Rental 24 hr Regular Plated $9700 $9700 $9700

24 hr Accessible Plated $10500 $10500 $10500 12 hr Regular Plated $6700 $ 6700 $6700

12 hr Accessible Plated middot $8300 $8300 $8300

Credit Card Transaction 50 50 50

Debit Card (per) Transaction $065 $065 $065 (To the Driver)

POS Rental Fee (monthly) $800 $800 $800

POS Insurance (monthly) $300 $300 $300

Note The above rates do not include HST

Note For purposes of car rental rates the weekly rents shall be six (6) times the daily rent

Note It is recommended that drivers use Company supplied POS machines and systems

2704 Employees shall pay all monies owed to the Company in the following manner Monthly By the 5th business day of the month

2705 Any employee failing to pay monies by the above dates and times shall be suspended and not reinstated until the monies are paid in full and credited to their account

2706 Employees shall be entitled to pay their rents to the company by company approved charges cash and cheque - provided the employee has at least one (1) year of seniority

Employee(s) who have one (1) cheque returned NSF shall be suspended immediately upon the company receiving notification from the

Collective Agreement ((Company Page35

bank shall lose such privilege for twelve (12) months and shall be charged the appropriate charges

ARriCLE 28 GENERAL

2801 The Company and drivers shall maintain its internal company charge system and accept major credit cards which currently include Visa Mastercard American Express and Diners Cluben Route as approved by the Company

2802

2803

2804

2805

2806

2807

This system shall continue for the duration of this Agreement so long as external factors outside the Companys control do not prevent the Company from doing so Drivers shall be entitled to cash their charges provided they do not have any outstanding balances at the offices of the Company during the hours of 0830am to 400pm Monday to Friday except holidays The Company shall make available to the employees during normal business office hours receipt cards and credit card slips All credit card charges must be authorized

Drivers shall pay a fee of five (5) of all credit card charges that they redeem

Except as otherwise provided in this agreement all passengers shall be treated in a polite professional courteous and businesslike manner at all times by both the Owners Group and the employees

If requested a properly signed receipt shall be furnished by the owner for all payments made by the driver (If requested said receipt shall show a breakdown of all payments made by the driver and the dates for which they apply) For the purposes of this clause a numbered computer receipt shall be deemed to be signed

The employees who own their own vehicles whether or not they own their own license shall have absolute choice as to where their vehicle is to be repaired andor maintained

No employee either full-time or part-time shall abuse or mistreat any vehicle or equipment (ie roof sign radios meters and aerials)

The Owners Group agrees to work with the Union to lobby the City of Ottawa to allocate stands where necessary and appropriate

The Company agrees to provide the Union with the rules covering the stands controlled by concession agreements

Collective Agreement ccCompanyraquo Page 36

bull

2808 Subject to the provision of adequate insurance coverage all car owners shall be free to place a second driver or a third driver on their vehicles should they require without interference from the Company

2809

2810

2811

2812

2813

2814

In the event the Company refuses an individual employment as a second driver or as a third driver the Company agrees that such refusal may be the subject of a grievance and the onus of proof shall rest with the Company to show just cause for such refusal

The parties agree that no vehicle will have more than three (3) drivers at any one (1) time

The Company shall take reasonable steps to maintain all current concession agreements for the duration of this agreement The Company shall take all reasonable steps to obtain additional concession agreements

The Company shall have a phone line separate from the dispatch office so that drivers business people friends of the office staff may call through middot without having to tie up the dispatchers time The separate phone line may be used by the dispatch office during non-business hours

Time-off without rental fees or loss of seniority will be given to those members of the bargaining unit who are called for jury duty Rental driver(s) must park their rental vehicle(s) at the Companys premises should the jury duty go beyond three (3) days

The Company shall maintain a drivers waiting area As well the Company shall allow the drivers to use the telephone in the office for local calls only pursuant to the current past practice

In the event of an assessment to the CompanyOwners Group by WSIB in relation to the provision of WSIB benefits for the Bargaining unit personnel the CompanyOwners group and the Union agree to renegotiate in good faith the rates set out in Article 2703 Where the parties fail to reach agreement on the issue the matter shall be referred to an arbitrator for full and final settlement

When a customer complaint is received by the dispatcher the latter will advise the customer that an authorized representative of the Company will handle the complaint in an expeditious manner Upon request by the Union the Company shall provide a copy of the computer printout and all other relevant information including but not limited to any taped conversation related to the complaint being investigated The privacy of the customer is paramount and will at all times be respected

Collective Agreement ccCompanybullbull Page 37

2901 (a)

(b)

ARriCLE 29 BEREAVEMENT LEAVE

The Members of the Owners Group agree to grant affected employee(s) the necessary time off of up to four (4) days without fees at the time of death of the following relative(s) of said employee(s) father mother spouse (includes common-law) child brother sister mother andor fathershyin-law

The Members of the Owners Group further agree to grant to affected employees two (2) days without fees at the time of death of the following relatives of the employee sister andor brother-in-law and grandparent

ARTICLE 30 SOCIAL JUSTICE FUND

3001 The Company shall pay to the Union an amount of eight hundred ($80000) dollars per collective agreement year with such amounts being made payable to the CAW Social Justice Fund Inc Said amounts shall be paid by separate cheque by the last day of February in each year of this collective agreement A tax receipt shall be supplied to the Company on receipt of said amount

ARTICLE 31 SAFETY BANQUET

3101 The Company agrees to contribute seven hundred and fifty dollars ($75000) to the Unions annual Safety Banquet in each year of the Collective Agreement

SIGNED THIS DAY OF APRIL 15 2012

FORTH~

~~

Collective Agreement laquoCompanyraquo Page38

Collective Agreement laquoCompanyraquo Page39

SCHEDULE 11 A 11 LIST OF THE OWNERS GROUP

Coventry Connections Inc

Collective Agreement ccCompanyraquo Page40

SCHEDULE nan EXISTING CUSTOMS RIGHTS AND PRIVILEGES

1 There shall be no charge for the receipt cards

2 There shall be no charge for credit card vouchers subject to suppliers (third party) availability and conditions Should the Company pursue a course of action leading to Point of Sale terminals which usage will include Debit transactions Decremental Cards and Credit Cards there would be a charge for paper usage

3 The drivers shall choose their own working hours during their shift

4 Reasonable accommodation shall be given to payment of outstanding debts for accident(s) The following minimum payments are required

A) Up to $1 00000 - $ 1 000 per day

B) Over $100000- $2000 per day

Agreed to on the understanding that this does not apply to spare cars

Collective Agreement laquoCompanyraquo Page 41

SCHEDULE C RULES AND REGULATIONS

1 The following articles of clothing are not acceptable forms of attire at OJS

(a) Sweat pants and shorts except for dress shorts Dress shorts will be allowed from April to Labour Day Drivers caught wearing inappropriate shorts will be given one (1) warning and any future occurrence with regards to inappropriate shorts will cause them to lose the right to wear dress shorts for the duration of that season Shorts can be no shorter than three (3) inches above the knees

(b) T-shirts (except Union decaled T-shirt) without lapels tank tops and muscle s1middot1irts

NB Clothing andor other attire with obscenities profanities or sexually degrading remarks are not acceptable Hair must be clean and neat Faces must be clean-shaven or beards neatly trimmed Clothing must be tear and rip free with no visible patches and is to be cleaned and ironed as required Socks must be worn at all times with all types of footwear except for sandals

2 Drivers must be courteous and pleasant at all times and must conduct themselves in a professional business-like manner

3 There is to be no abusive foul language or gestures directed at customers or the general public

4 Consumption of alcohol or drugs will not be tolerated prior to the commencement of a shift andor while driving

5 There wiil be no arguing and fighting among drivers or other DJs personnel under any circumstances

6 No playing of cards or any other games of chance is allowed at any time when working This includes any form of gambling or betting on the air

7 Profanity or abusive language on the air or in your vehicle is prohibited at all times

8 Use of cell phone during the conveyance of a customer(s) is prohibited

9 Each taxicab and driver shall carry at all times a current street guide Drivers are to make proper use of this guide to avoid unnecessary air time

Collective Agreement ccCompanyraquo Page42

10 Deliveries are to be taken directly to the destination Running other fares while occupied on deliveries will not be permitted unless approved by the dispatcher

11 No messages between drivers are permitted Drivers will receive messages to call home spouse office union office partner or garage

In addition When an authorized Union rep asks the dispatcher to have a member of the bargaining unit call them for union business only this will be allowed and if necessary a phone number will be given

12 Picking up a fare while on the way to an accepted dispatch call will not be permitted

13 Drivers must allow 5 minutes wait at the customers pick-up address

14 Drivers shall take reasonable steps to ensure that they pickup only those fares that they are dispatched to Drivers must check with dispatcher for authorization before taking another fare from same address

15 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical breakdown emergency or any other reason(s) not herein listed the dispatcher shall reshydispatch the fare and suspend the driver for one (1) hour

16 Interference or jamming of the radio is a Federal offence and will not be tolerated

17 When necessary drivers must assist customers with handling of baggage and opening and closing of doors

18 No complaining to customers about short fares or time calls A list of regular short fares will be established and such fares shall be dispatched as Locals

19 At customers request music radio and other sound systems except for the twoshyway radio must be turned off

20 Driver must issue a receipt card upon request by customer Drivers signature must be clearly marked in the appropriate place on the receipt card There is no charge for the issuance of a receipt card

21 No new driver is to commence work until he has been briefed by OJS staff in the operating of our charge account system

22 Some of the guidelines in the operation of our charge account system are as follows

Collective Agreement laquoCompanyraquo Page43

(a) All charges are to be signed with car number (eg-DJ70) and date clearly written

(b) If the fare goes to more than one destination these other destinations are to be clearly marked on the reverse side of the chit

(c) Taxi chits to be signed by the customer and dollar value to be clearly marked

(d) Gift certificates which currently have a maximum value of $500 each are to be accepted at face value and change given as required

(e) Drivers must note on back of chit the drop offpick up address if it is different from address shown on face of chit

Drivers are prohibited from buying other drivers charges whether they be DJS drivers or other cab Companys charges Violation of this rule shall result in the following fines

1st offence -2d offence bull 3rd and subsequent offences-

$5000 per chit $10000 per chit $20000 per chit

plus the face value of each chitCredit Card in all cases

The parties agree that the above penalties are specific penalties within the meaning of the Ontario Labour Relations Act An Arbitrator shall not have the power to alter or modify any penalty imposed under this clause

(f) Drivers must accept all major credit cards approved by OJS Taxi

(g) Drivers are responsible for ensuring that all necessary information is clearly marked on charge vouchers as follows

bull Customers name and signature bull Card number (correct number of digits) bull Expiry date bull Drivers signature and car number (eg-DJ70) bull Ensure proper copies of charges are submitted to the Company for

processing bull No hand written major credit card sales drafts will be accepted

23 All cars are to be cleaned inside and out by 1000 am every day with due regard given to road and weather conditions

Collective Agreement Page44

24 All drivers must ensure that they have change for $2000 at all times and will not be removed from the sheet while getting change provided they are not called

25 No taxicab driver shall charge a passenger for

(a) The cost of proceeding to an establishment for change or

(b) Waiting time while a passenger obtains the change provided the bill presented for payment is of $2000 denomination or less

26 No vehicle to be left unattended with keys in the ignition

27 No person(s) unless authorized by the Company shall accompany the driver in the vehicle while heshe is occupied with a paying fare

28 Taxis must not be left unattended on a OJS taxi concession stand for more than ten (1 0) minutes

29 Only au~horized drivers with valid licenses can operate a taxi-licensed vehicle

30 Roof sign must be removed from vehicle when not on duty or involved in an accident

31 ALL DRIVERS ARE ADVISED THAT IT IS AGAINST THE LAW AND OJS TAXI COMPANY LIMITED POLICY TO REFUSE DOG GUIDES IN THEIR CABS REFUSAL WILL RESULT IN FINES AND DISCIPLINARY ACTION BY THE COMPANY

1st offence - 1 week suspension 2nd offence - 2 weeks suspension

3rd offence - Dismissal No longer working under the OJS roof sign

Accommodating Persons with Disabilities

The Management of OJS Taxi wishes to advise all its employees drivers and others operating under the OJS Taxi roof sign of the OJS Taxi policy with respect to blind passengers whether or not they use dog guides

Under the Blind Persons Rights Act of Ontario no person may either deny any person services customarily available to the public or discriminate against any person with respect to services available to the public for the reason that they are a blind person accompanied by a dog guide

Under the Ontario Human Rights Code every person has a right to equal treatment with respect to the supply of services which includes taxi services

Collective Agreement laquoCompanyraquo Page45

bull

without discrimination because of among other things a disability A disability includes any physical impairment such as being blind visually impaired deaf or hard of hearing

Guide Dogs and Taxi Services Many disabled persons are physically dependent on guide animals in their daily activities Canadians who are blind or visually impaired deaf or hard of hearing or who have other types of disabilities such as epilepsy are dependent on guide animals

Accommodation of these individuals necessitates that they be permitted to take their guide animals with them into taxi cabs Refusing to allow them to do so will infringe on their human rights and is against the Blind Persons Rights Act of Ontario and the Ontario Human Rights Code

This notice will simply repeat what should be apparent to you all that if a blind person with or without a dog guide is refused services by any OJS Taxi driver such actions will result in fines to the driver and other disciplinary action including the possibility of suspension by the Management of DJs Taxi Co Ltd

For more information regarding guide animals please review the attached pamphlet and information sheet published by Dog Guides Canada

Any inquiries concerning this policy should be directed to any member of the Management who will if it is required explain the policy to you

32 Drivers are not allowed in the dispatch office

33 All parking tickets will be paid by the rental driver responsible

34 In order to boost with Company owned taxicabs employees must request an obtain instruction from the garage manager or his designee on the proper method of boosting in order to reduce any risk of injury to the driver passenger and damage to the vehicle(s)

In the event of misuse employees at their discretion may be either disciplined in accordance with the principle of progressive discipline or have the option of reimbursing the Company for the cost of damaged parts

35 Any driver operating a taxi while his drivers license or taxi license is under suspension will be disciplined unless the driver can obtain written proof from the Ontario Ministry of Transport andor the appropriate taxi licensing authority that the driver did not receive evidence that hisher license was suspended or cancelled

36 When necessary or requested all elderly andor disabled customers are to be assisted in and out of taxicab at all times

Collective Agreement laquoCompanyraquo Page 46

37 No stealing fares

38 Drivers are not allowed to book no loads and run the fare

39 Drivers cannot refuse dispatched fares subject to article 1304 andor where the driver believes his safety or health is at risk

40 Failure to come to voice after two (2) requests by the Dispatch Supervisor will result in the Driver being suspended in the computer

41 Dispatch staff will not make phone calls for drivers unless it is an emergency situation

42 There shall be no personalization of any fares or trips placed through the Dispatch System of OJS Taxi except for returns east of but not including the Civic Hospital within the same twenty-four (24) hour period Where a return-call has been prearranged through the Dispatch System prior to the initial call being dispatched then the return-call cannot be personalized

43 Drivers will pay monies owed to the company by 400pm on the day that they are due No driver with an outstanding balance will be allowed to book on the sheet until their account is paid in full to the business office This means credited to their account and a receipt issued

44 Dispatchers shall give the line-up every thirty- (30) minutes except for the months of December January and February On implementation of the Computerized Dispatch this clause will be eliminated

45 All deliveries shall be given out as regular calls except where provided in this agreement and all employees shall have the option to refuse to deliver alcohol When a dispatcher requests a driver to call him for information concerning a delivery the dispatcher will first give the delivery address over the radio to ensure the delivery is being dispatched correctly

46 When drivers book out of their cars to attend scheduled complaint meeting appointments they shall be allowed to remain in their spot on the line up queue passed by for fares and treated by the dispatch as if they are no longer on the sheet

When the affected driver returns to his car and books back in he shall be returned to his position in the line up queue and given his next rightful fare

The maximum time a driver shall be allowed to book out for a complaint meeting is one half-hour

Collective Agreement laquoCompanyraquo Page 47

This rule shall only apply if the affected driver does not incur any discipline as a result of the complaint meeting

47 All cabs at DJS Taxi must have a mike clip and the clip must be used Drivers must pick up their mike when communicating

48 Drivers using vans as taxicabs must have and make use of (when requested or required) a portable step to assist passengers in and out of their vehicles

49 All taxicabs must be free of any body damage and any damage must be repaired within ninety- (90) days

50 Roof signs must be kept in good working order and condition with Company approved logo clearly visible front and rear

51 In order to ensure equipment is compatible with computer dispatch system all new radio equipment must be approved by the Company prior to installation

Collective Agreement laquoCompanyraquo Page48

SCHEDULE D CREDIT CARD POLICY amp PROCEDURES

DRIVERS MUST ACCEPT ALL COMPANY APPROVED CHARGES CREDIT AND DEBIT CARDS

DRIVERS MUST HAVE A POINT OF SALE UNIT AND A MANUAL PRINTER PER CURRENT BYLAW CITY OF OTTAWA

Due to the increased use of fraudulent Credit Cards by customers in taxicabs the following procedures have been developed to protect drivers from falling victim to Credit card fraud When accepting Credit cards the following rules must be followed

Credit and Debit Cards- the following rules must be followed

AUTHORIZATION OF ALL DEBIT AND CREDIT CARDS

All Credit Card slips must be authorized regardless of amount Verification is generally done after the fare is completed but verification of an estimated or known amount can be done prior to the completion of the trip if

bull The destination is beyond the radio coverage area bull The driver has reason(s) to suspect the validity of the card

INFORMATION REQUIRED FOR ACCEPTANCE OF DEBIT ANDOR CREDIT CARD SLIP FOR PAYMENT The completed Credit Card slip must contain all the following information

(a) Vehicle Number (pre-printed on POS slip if not to be written by hand at the bottom of the slip)

(b) Drivers ID Number and Initials (c) Amount of fare and gratuity (if applicable) (d) Authorization number (Pre-printed on POS slip) (e) Date of the fare (Pre-printed on POS slip) (f) The Debit or Credit Card must be swiped at all times (in the event that the

receipt does not print imprinting Credit Card only on manual imprinter is acceptable with customers signature but the imprint of the card number has to be clear) In the case of a swiped transaction part of the card number will display per Credit and Debit Card industry rules

(g) Customers signature clearly written (Credit Card only) marked TRANSACTION COPY We will accept the CUSTOMER COPY as long as it has the customers signature Debit POS slips are to be submitted marked TRANSACTION COPY NO SIGNATURE IS REQUIRED

Collective Agreement laquoCompanyraquo Page49

DISPUTES BY A CUSTOMER

Should a debit or credit card slip be disputed by the customer their bank or other financial institution the company will investigate If such investigation proves fraud or error by the driver the driver will be charged back for the full amount of the charge

If the disputed transaction was processed on a non-company unit a $500 plus HST charge plus the value of the charge will be debited to the drivers account The Company will refund the customer for the value of the charge

Should a customer andor driver report that the charge has been approved more than once the Company will investigate The Company does not allow any refunds in the taxicab Drivers can void a transaction but this must be done before Batch Closing the transaction A Void can only be done in the presence of the customer as the card (debit or credit) must be present The driver can then re-swipe the card for the correct amount The Company publishes a toll free number for customers or drivers to call with any concerns about a transaction If a customer has been charged more than once for the incorrect amount the following procedures apply

Credit Card

The Company will verify that the customer was charged multiple times or has been over-charged and issue a refund as necessary The Company will send a copy to the customer upon request All refunds are processed on a Point of Sale unit or Virtual Merchant (on-line) The Company may contact the driver to determine the validity of the customers details

Debit Card

The Company will verify that the customer was charged multiple times or has been overcharged and issue a cheque refund as necessary The Company keeps a copy of the cheque issued

GENERAL INFORMATIONGUIDELINES

1 If the driver has overcharged the customer and has been paid the incorrect amount the Company will adjust the drivers account and provide a receipt The Company maintains a log in the even there is a dispute by the driver or the customer If the driver reports the overcharge that is logged on a Customer Incident Form which has a Control Number

2 Hand written Credit Cards will not be accepted All Credit Cards must be passed through a manual imprinter which clearly shows the full credit card number If the credit card number is not clear and cannot be authorized

Collective Agreement laquoCompany Page 50

the driver will face debitchargeback of the amount as it cannot be authorized

3 The only Credit Cards accepted by Taxitab a division of Coventry Connections Inc are

i Visa ii Mastercard iii American Express

Note Visa Mastercard and American Express all issue prepaid credit cards these are all accepted

4 Taxitab a Division of Coventry Connections accepts Debit Cards for Canadian Financial Institutions Debit Cards for foreign banks may not

work on the unit Visa Mastercard have commenced issuing Debit Cards these are all accepted These cards are clearly marked on the face of the card with the Visa and Mastercard logos

5 The following items are to be checkedverified by the driver upon presentation of a Credit Car (a to d) Debit Card (d only)

CHECK LIST

(a) Expiry Date Ensure the card is valid Check to be sure that the Card is not being used beyond the expiry date printed on the card If the card is expired refuse to accept it

(b) Altered Cards Check to see if the card has been noticeably altered in any way If it has been refuse to accept it

(c) Card holders name and signature Check that the signature on the Credit Card slip is the same name printed on the card At the same time check that the signature is the same as the signature on the rear of the card If there is no signature on the rear of the card ask the customer to sign it as you are required to check this

If in doubt ask to see some other form of identification (preferably one with a picture and signature) that ensures that the person using the card is who they say they are

(d) Amount of fare and gratuity (if applicable) The amount of the Debit or Credit card slip must be equal to the amount of the fare and the gratuity (where applicable) Each amount should be entered in their respective places and only by the customer unless otherwise directed In the case of a Debit Card customer must always enter their PIN number to

Collective Agreement ltbullCompany Page 51

authorize the card Drivers must remind customer that the TIP field comes first followed by the PIN number

(e) $150 Surcharge

Debit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated by the City of Ottawa By-Law The $150 charge is prompted by the point of sale unit automatically The Driver receives 65cent of the $150 for every transaction

Credit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated in the City of Ottawa By-Law The $150 charge is NOT prompted by the point of sale unit automatically The driver adds the $150 to the metered amount and enters this total in the base amount field

6 CAUTIONS

7

(a)

(b)

(c)

Bank Card only have the Bank name on the card

Credit Cards are identified by the VISA MASTERCARD AMERICAN EXPRESS OR DINERS CLUB-ENROUTE symbols Only Cards with these symbols will be accepted

Credit Cards will have a holographic image on the face of the card

CASH ADVANCES

The use of Credit Cards for cash advances in the taxicab is not permitted Credit Cards must only be used in the taxicab for paying for an actual fare Anyone using a Credit Card in a taxicab to obtain cash advance is most likely using a stolen or fraudulent card

8 OUT OF TOWN FARES

For the drivers protection it is suggested that for fares going out of town and the customer wishes to pay by Credit Card it is recommended that the driver authorize the fare at the beginning of the trip (dispatcher can give an estimated amount) If there is a difference process the difference at the end of the trip There is a pre-authorization feature available for Credit Card only on the Point of Sale unit The Company can activate this on driver request but the driver must be

Collective Agreement ccCompany)) Page 52

bull

9

given correct training for this There are several steps involved with pre-authorization that must be followed before batch closing

BATCH CLOSING

Drivers must close transaction in the terminals at the end of their shift Credit Card authorizations only remain in the terminal for five (5) days after that the processor closes them automatically Drivers must batch close all credit cards no later than four (4) days in order for the items to appear on the batch close report

Batch Close reports will print separately for Debit and Credit Cards and list the details of the transactions in the terminals showing the card type and the last four (4) digits of the card involved This Batch close cannot be reprinted drivers must hold on to them Attach the slips to the Batch Close and bring to the cashier The cashier will verify the attached slips are on the batch close and proceed to pay or credit the driver assuming all slips are authorized and complete (as discussed above under (1) Authorization Procedures)

The following circumstances regarding Batch Closes will apply

(i) Batch Close with All Debit and Signed Credit Card slips- Driver will be paid or credited at time of presentation at a cashiering station

(ii) Batch Close- No Debit Slips if the batch close shows a Debit Slip and the driver has misplaced or lost the slip the Driver will be paid or credited at the time of presentation at a cashiering station

(iii) Batch Close No Credit Card Slip- No Slip No Payment at time of cashiering (driver is to go to Driver Admin in this instance) If the driver has a signed manual slip and the last 4 numbers of the card match those on the batch close the slip will be accepted by the cashier

NO BATCH CLOSE REPORT -If a Driver has lost or misplaced Batch Close report the Driver is to go straight to Driver Admin (not cashiering) The Driver is to bring the receipts (if there is a credit card slip with no signature there is a separate procedure for this below) he has for which he has not batch close Driver Admin will initiate a Batch Close Incident Report which has a Control Number for future reference The Procedure is as follows

(i) Driver Admin to Photocopy all Slips and write the Control from the Batch Close Incident Form on the photocopy and date the sheet The

Collective Agreement ccCompanyraquo Page 53

bull

bull

Driver is to keep this in the event of a dispute or apparent nonshypayment in account

(ii) Driver Admin will complete the top copy of the report attach a copy of the slips The Driver will complete the bottom part of the report and sign it

(iii) Management will need 72 hours (three business days) from the date of Incident Report to investigate the transaction has been settled in the POS unit

(iv) Providing Management confirms the transaction is complete the slips will be credited to the Drivers account and a receipt will be printed A copy of the receipt is attached to the Batch Close Incident Report The Control from the Form is entered when the the amount is credited for reference A receipt can be printed at that time by cashier

(v) In the event that a driver does not have a Batch Close and presents a credit card slip with no signature the following will apply

(vi) If the Driver experiences a problem with the Batch Close or operation of the unit the Driver is to bring the unit to the office during normal hours Management will investigate the issue and call Driver to reshyissue the unit completing paperwork for the replacement unit which the driver will sign

Any driver attempting to defraud a customer by processing a debit or credit slip more than once will be terminated

Collective Agreement laquoCompany)) Page 54

bull

bull

SCHEDULE E STOLEN FARE POLICY

Whenever the Dispatch Supervisor receives a complaint that a fare either dispatched to the complainant or from within the same block of taxi standconcession on which the complainant is parked has been stolen and the identification of the accused is made known the Supervisor shall

(a) Bring the accused to voice and notify himher of the allegations

(b) Inform the complainant that a deposit of forty dollars ($4000) must accompany his accusation and to be deposited within one (1) hour of the complaint Where applicable inform the complainant that the accused wishes to challenge the allegations and the date and time of the hearing shall be known to both parties

(c) A failure of either party to attend the hearing will result in an additional fine of forty dollars ($4000) to be paid within sixty (60) minutes of the conclusion of the hearing or a suspension ob the absent party until payment is received

(d) Inform the accused of the available options

(i) Arrange for repayment of the fare in its entirety to a minimum of forty dollars ($4000) to the complainant a Union representative or the Company on behalf of the complainant within sixty (60) minutes or

(ii) If the allegation is being denied and the accused wishes to refute it forty dollars ($4000) must be deposited at the dispatch office within sixty (60) minutes with a notification to the Dispatch Supervisor that the allegation is being challenged

Where the accused fails to respond to two (2) voice messages or refuses to comply with (c) the accused shall have dispatch services suspended until in compliance or the Company receives instructions from a Union Representative to do otherwise

The penalty for a wrongful accusation is the payment of forty dollars ($4000) to the accused by the accuser in addition to the return of the accuseds deposited payment

It is understood and agreed that the action(s) of the Dispatch Supervisor(s) in the compliance of this Policy is not to be construed as a determination of who is the guilty party In all disputes regarding stolen fares the Committee shall make the final determination with respect to guilt

Collective Agreement laquoCompany Page 55

bull

bull

Note Such fare(s) will not be considered as Stolen Fare(s) if picked up by driver(s) arriving on the Concession(s)Taxi Stand(s) prior the driver(s) who accepted the dispatched fare(s)

Collective Agreement ((Company Page 56

bull bull

APPENDIX 1

PLATE CAR LESSEE IND START LESSEE START

1 1027 5027 ADAM GRANT 1 91111986 111987

2 1015 5015 TIMS VAUGHN 411995 411995

3 1043 5043 MARTON FERENC G 10251995 10251995

4 1050 5050 DUBOIS JOHN 12111994 311996

5 1048 5048 SUNIL JOSHI 1111994 711996

6 1030 5030 SLIM MOHAMED 711996 7111996

7 1041 5041 JAMALEDDINE ZAHER 911996 911996

8 1040 5040 MAHEUX FRANK 11151996 181997

9 1109 1 5109 ASTLEY JAMES 1011994 1131997

10 1045 5045 MELHEM SAMIR 1211996 9211997

11 1028 5028 LABINE ANTHONY 10151980 11281997

12 1054 5054 ELmiddotNEMER NEMER 11131997 21271998

13 1113 5113 WEAGANT BROCK C 82211988 3131998

i

14 1039 5039 SOBH HAC HEM 11171997 5111998

15 1044 1 5044 MOUFARREJ RAYMOND 10241996 1161998

16 1042 5042 MCCONVILLE BILL 311992 11111998

17 1107 5107 GIANNAKOS LOUIS I 9111997 491999

18 1026 5026 VERMA LALIT 51261996 5311999

19 1033 5033 MITCHELL BRUCE 111987 9301999

i

20 1108 5108 PAPPAS CHRISTINE 121111991 1041999

rmiddot 1014 5014 NYTRA BEDRICH 961996 3302000

22 1000 5000 ABOUmiddotARRAG SAM I 611997 7132000

23 1038 5038 MUNROE JOHN 1111977 492001

24 1022 5022 RADULESCU GELU 611999 5232002

25 1139 5139 HASSOUN I MOUFID 71211999 8152002

26 1006 5006 SADER I GHASSAN 6211999 292004

27 1029 5029 CLAYTON GREG 911980 21132004

Collective Agreement ccCompany Page 57

bull

28 1034 5034 IBRAHIM 12301995 4302004

29 1037 5037 ABDALLA HASSAN I 3312000 2202006

30 1010 5010 HASSOUN AD NAN 8272001 312006

31 1031 MASSOUD 1241998 312006

32 1 1o35 5035 JANCO 911992 362006

1 33 1036 5036 SINGH BALWANT 92211999 3172006

Collective Agreement ltltCompanyraquo Page 58

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 3: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

COLLECTIVE AGREEMENT

between

OJS TAXI ZIPTRACK TAXITAB COLLECTIVELY REFERRED TO AS THE COMPANY AND ALL

MUL TIPLATE OWNERS HEREINAFTER REFERRED TO AS THE OWNERS GROUP

(Hereinafter referred to as the Company)

and

NATIONAL AUTOMOBILE AEROSPACE TRANSPORTATION AND GENERAL WORKERS UNION OF CANADA

(CAW-CANADA) AND ITS LOCAL 1688

(Hereinafter referred to as the Union)

ARTICLE 1 PURPOSE

1 01 The purpose of this agreement is to establish identify and maintain for the duration of this agreement a division between drivers the Company and the Owners Group As well the agreement is established to maintain mutually satisfactory working conditions and to provide machinery for a prompt and equitable disposition of grievances for all employees who are subject to the terms of this agreement

102 The word driver or employee wherever used in this Agreement shall mean a person who operates a taxicab under the Companys roof sign and shall mean any or all of the members of the Bargaining Unit as defined in Article 201 except where the context otherwise provides The word Company wherever used in this Collective Agreement shall mean OJS Taxi except where the context otherwise provides The wordsmiddot Member of the Owners Group wherever used in this Agreement shall mean any person who owns or controls two (2) or more taxi plates or taxicabs Wherever the masculine gender is used in this Collective Agreement it shall be deemed to include the feminine and the singular shall include the plural and vice-versa wherever the context so requires

ARTICLE 2 PARTIES TO THE AGREEMENT

201 BETWEEN

Collective Agreement ltltCompanyraquo Page 1

NATIONAL AUTOMOBILE AEROSPACE TRANSPORTATION AND GENERAL WORKERS UNION OF CANADA (CAW-CANADA) AND ITS LOCAL 1688 01JTARIO TAXI UNION

(HEREIN AFTER TERMED THE UNION)

AND

ZIPTRACK INC TAXITAB INC AND OJS TAXI COMPANY LTD (COLLECTIVELY REFERRED TO AS THE COMPANY AND ALL MULTI-PLATE OWNERS ASSOCIATED WITH OJS TAXI HEREINAFTER REFERRED TO AS THE OWNERS GROUP AS OUTLINED IN SCHEDULE~ AND TO BE MODIFIED FROM TIME TO TIME BY THE PARTIES

AR-riCLE 3 UNION RECOGNI1-ION

301 The Company and the Owners Group hereby recognizes the Union as the sole and exclusive bargaining agent of all employees and ownershyoperatorsdependent contractors of DJS Taxi Company Limited working as taxi drivers in the City of Ottawa save and except dispatchers call takers persons above the rank of dispatchers office and clerical staff multi-carmulti plate ownerslessees and independent contractors

302 Clarity Note For the purposes of this agreement independent contractors are persons who own one licence andor vehicle but do not operate the taxicab

ARTICLE 4 MANAGEMENT RIGHTS

401 The Members of the Owners Group shall have the exclusive right to operate and manage their respective business to maintain order and discipline to promote to demote and to discharge employees for just cause

402 The Company and the Owners Group agrees that in exercising their management rights they shall be fair reasonable and consistent with the terms of this agreement

403 The rules and regulations attached as Schedule C to this agreement shall not be changed without the written agreement of the parties Any new rules must be discussed by the rules committee prior to implementation and the Union shall have the right to grieve any of the new rules that it deems middotunreasonable andor the application of any rule

Collective Agreement laquoCompanyraquo Page2

404 Present drivers and all new drivers shall be given a copy of this agreement and of the said rules and regulations so that all employees that are subject to the terms of this Agreement must know what is required of them in the general conduct of the Company and the Owners Groups business

405 Nothing in these rules and regulations shall deprive the employees of the rjght to challenge any penalty through the regular grievance procedure as outlined in Articles 24

406 Existing customs practices rjghts privileges benefits and working conditions as set forth in Schedule B shall be continued to the extent that they benefit the employee and are not inconsistent with the spirit and terms of this agreement

407 The existing customs practices rights privileges benefits and working conditions may be modified by written mutual agreement of the parties

408 The Company shall maintain promote and operate the roof sign DJs Taxi for the duration of this agreement

410 Any plate not affiliated with DJs Taxi by April 30th of any year shall not be permitted to begin operation under the DJs roof sign during the months of May June July and August of said year A list of all plates affiliated with DJs Taxi as of the 30th day of April in each year will be supplied to the Union by the 15th day of May of said year The Parties agree that the maximum number of accessible vehicles operating under the DJs roof sign shall not exceed in the following years

bull 2007 -thirty-five (35) bull 2008- fifty-five (55) bull 2009- sixty-five (65) bull 2010- seventy-five (75) bull

Notwithstanding the foregoing where the Company acquires another Taxi Company whose fleet includes accessible vehicles the above-noted numbers would be increased by the number of accessible plates operating at the acquired Company at the time of the acquisition so long as all phone numbers accounts and taxi concessions associated with that Company become part of the DJs Taxi business

411 The Company agrees that any multi-plate owner operating under the DJs roof sign that moves a vehicletaxi-plate to another Company heshe will not be allowed to return said vehicle taxi-plate to operate under the OJS taxi roof sign for a period of two (2) years except where the Company acquires another Taxi Company at which the moved plate(s) were operating

Collective Agreement laquoCompanyraquo Page3

ARTICLE 5 SOLE AUTHORITY

501 This Agreement shall be the sole authority governing the relationship between the Company and the Owners Group and the employees The signing of this agreement by the parties will render null and void any outstanding personal contracts that may have been entered into between the Company and the Owners Group and the Employees as it relates to this Collective Agreement

ARTICLE 6 UNION SECURITY

601 The Company and the Owners Group agrees that for as long as this agreement remains in force it is a condition of employment for all present employees to become and remain union members in good standing as of the date of ratification of this agreement and for all new employees to become and remain members in good standing of the Union as of their first day of hire

602 The Company shall collect from each employee such amounts as the Union shall affix each month for union dues plus any assessments that the Union may affix from time to time

603 It is the duty of the Company to ensure that each employees monthly dues initiation fees where applicable andor assessments are properly collected and recorded

604 The Company shall collect all dues including back dues late dues and initiation fees andor assessments on the employees first regularly scheduled payment day of each month and submit to the Union no later than the last day of each month a cheque representing the dues initiation fees andor assessments of each and every employee

605 The Company must by the last day of each month submit to the Union a list of names in alphabetical order or car number order of all persons paying dues initiation fees andor assessments for that month This list shall include the employees current addresses phone numbers - as supplied by said employees - and plate numbers as of the first (1st) day of the month

606 The Union agrees to give the Company one (1) months notice in writing of any changes to the prevailing Union dues any assessments or initiation fees

Collective Agreement ccCompanyraquo Page4

607 The Company upon receipt of a written request from an employee shall supply said employee with a receipt for monies collected on behalf of the Union from that employee for the previous calendar year

ARTICLE 7 CONTRACTING OUT BARGAINING UNIT WORK

701 The Company shall not contract out bargaining unit work

702 Supervisors office staff garage staff dispatchers phone staff andor any other person(s) outside the bargaining unit except for multi carplate ownerslessees shall not perform bargaining unit work

ARTICLE 8 UNION REPRESENTATION

801 The Union shall notify the Company and the Owners Group in writing of names phone numbers (if any) taxi plate number and position(s) of the persons authorized to represent the Union andor the employees for the purpose of this agreement

802

(a)

(b)

803

Further the Union shall promptly notify the Company and the Owners Group in writing of any changes in these names andor positions

The Members of the Owners Group shall provide to the Union all necessary information relating to the following matters on a current basis

A list of employees showing their names addresses and taxicab plate numbers

Employees andor their business agent with the written consent of that employee shall have access to any report complaint or personnel records at reasonable times and shall upon request be supplied with copies of the documents at said employees expense The Company agrees that any information if found to be inaccurate will be corrected

Upon the Union giving reasonable notice during business hours (Monday to Friday) the Company will broadcast notice(s) of Union meeting(s) across the dispatch system once every four (4) hours during the forty-eight (48) hour period immediately preceding the date of the Union meeting

Such announcements shall be limited to no more than twice (2) per month

804 The present notice board will be maintained and made available for the posting of messages and communications directly related to Union

Collective Agreement laquoCompanyraquo PageS

805

806

(a)

(b)

(c)

business subject to the approval of the Company whose approval shall not be unreasonably withheld

Union representatives shall be entitled to distribute Union literature at or near the Companys place of business during non-working and working hours

Upon written request from the President or Business Agent of the Union a leave of absence shall be granted to

Employees for the purpose of attending Union functions including but not limited to conventions schools seminars or other functions excluding matters arising from the administration of this Collective Agreement

Three (3) employees for the purpose of attending contract negotiations meetings with the Company

Provided that in all instances the President or Business Agent notifies the Company at least seven (7) days prior to the intended leave as it applies to (a) and in (b) as much time as possible

An employees seniority will continue to accumulate during a leave of absence and employees will not be charged any fees for up to maximum of fourteen (14) days per calendar year per employee provided such employees do not work their scheduled shifts During this period except for days of negotiations rental cars are to be parked at owners premises The following pro rated charge will apply for negotiations If negotiations end before 1400 hrs - 12 day credit If continued past 1400 hrs -full days credit to affected employees

807 Leave of absence without fees shall be granted for a period of up to one (1) year to an employee who is engaged in full-time Union activity Such leave of absence shall upon request be extended from year to year to a maximum of three (3) years

During such period(s) of absence seniority shall continue to accumulate All Owners Group equipment and licenses will be returned to the Owners Group Member(s) prior to said leave

808 All taxicabs operating within the bargaining unit may place in the right hand corner of the rear window- without interference from the CompanyshyA Union decal supplied by the Union Such decal shall not exceed four (4) inches in diameter

Collective Agreement ccCompanyraquo Pageamp

809 Union representatives or stewards shall be entitled to book off the dispatch system and leave their work during working hours in order to carry out Union business as they may be advised by the Union

ARTICLE 9 DISCIPLINE AND DISCHARGE

901 No employee shall be disciplined or discharged without just cause

902 The Company andor Owners Group shall provide the Driver and the Union with written notice(s) of any discipline taken against a driver of the bargaining unit within thirty (30) business days of the incident giving rise to the discipline except for creditdebit card andor taxi chit fraud which shall be within sixty (60) business days of the incident giving rise to the discipline or the penalty will be null and void and further except where if the driver has been charged with a criminal offence and this comes to the attention of the Owners Group within six (6) months of the incident

903

904

905

(a)

By mutual agreement of the parties a minimum of one day per week shall be scheduled for the purpose of investigating complaints or allegations which may result in discipline to a driver A shop steward or Union representative shall be in attendance Notwithstanding the foregoing the Company or the Owners Group may initiate an investigation at any time if either deems the issue to be of a serious nature Should the investigation involve an interview of a driver the driver shall be entitled to Union representation

A driver is a probationary driver until he has worked for three (3) months under the DJs roof sign During this probationary period the driver would be working on a trial basis and be disciplined up to and including discharged at the sole discretion of the Company provided that the Companys decision is not arbitrary discriminatory or in bad faith as per Article 1 0 of this Agreement

Discipline shall be applied middotuniformly and disciplinary measures shall be appropriate to their cause(s) and subject to the principle of progressive discipline middot

The Owners Group agrees not to enforce Municipal Provincial or Federal Laws unless related to vehicle or public safety or to customer service

A grievance concerning a discharge of an employee shall commence at Step 2 of the grievance procedure within six (6) working days of the event

Such grievance may be settled by Confirming the action of the member of the Owners Group or

Collective Agreement ccCompanyraquo Page7

906

907

908

(b)

(c)

(d)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

Reinstating the employee with no loss of seniority andor with compensation as may be determined by the parties or

By any other arrangement which may be deemed just and equitable or

By proceeding to Arbitration in accordance with Article 25

No person shall have their dispatch services curtailed or suspended without just cause In the administration of this clause drivers shall complete the shift except

Where they or their vehicle is a danger to the public

Where they have not fulfilled their monetary obligations to the Owners Group or the Union

Or where their vehicles are required for garage service

When the taxi is dirty either inside or outside or both (car wash)

When the taxi driver has stolen a fare

When the taxi driver is not properly dressed

When the driver is intoxicated andor on illegal drugs

Employees shall have the right to have Union representation in meetings with the Company relating to discharge or discipline of that employee If a Union representative is unavailable for a scheduled meeting between the Company and that employee the meeting will not go ahead as planned

Disciplinary actions and adverse reports of an employee shall remain on said employees file for a period of one (1) year from the date of the offence No disciplinary proceedings against that employee shall be used after one (1) year except for disciplinary records involving sexual harassment assaults or refusal of a Guide Animals which shall remain on file for four (4) years from the date of the discipline

The Company is prepared however to review all driver files and have discussions with the Union with respect to those drivers who have had repeated problems

909 Employee(s) under suspension shall not pay any cab-rental or stand rent commencing on the fourth (4th) day of suspension and shall not pay plate rent commencing the beginning of the fourth (4th) week of suspension A

Collective Agreement laquoCompanyraquo PageS

suspended employee shall not be entitled to operate on any Company taxi stand while under suspension

ARTICLE 10 NON-DISCRIMINATION

1001 The Owners Group shall not discriminate against employees with respect to terms and conditions of employment on any of the prohibited grounds named in the Ontario Human Rights Code or on the grounds of union activity

1002 There shall be equal opportunities regardless of sex in all facets of the Company and the Owners Group business governed by this agreement

1003 No employee shall be required to retire on the grounds of age

ARTICLE 11 STRIKES LOCKOUTS PICKET LINES AND LABOUR DISPUTES

11 01 There shall be no strikes or lockouts so long as t~1is agreement continues to operate The word strike and the word lockout shall be defined in accordance with the definitions set out in the OLRA 1995 as amended

1102 Employees in the bargaining unit shall have the right to refuse to cross a picket line andor refuse to handle struck work in connection with a labour dispute

11 03 Failure to cross a picket line or handle struck work shall not be considered grounds for disciplinary action or otherwise be a violation of this agreement

1201

(a)

ARTICLE 12 DISPATCH

The Company shall supply maintain and operate a computerized dispatch system to provide fair and equal distribution of all calls trips or parcels received by the Company Computers in vehicles shall be serviced and maintained in working condition by the Company as the need arises

1202 The Company shall ensure that all requests for taxicab service are dispatched through the dispatch system of the Company and shall only be dispatched to licensed taxicabs in an equitable manner as determined by the terms of this agreement

Collective Agreement ccCompanyraquo Page9

1203 The Company agrees that the geographic locations of the stands which shall include backup stands shall be outlined in APPENDIX 1 and attached to this agreement Modifications can be made from time to time with the written approval of the parties

1204 The Company agrees that the current phone number (613) 829-9900 shall be used offered andor advertised for the dispatch of taxicabs operating under the Companys roof sign The Company further agrees that the telephone number (613) 829-9011 shall continue to be used for the dispatch of taxicabs operating under the DJs Taxi roof sign The parties agree that this latter telephone number shall not be advertised for DJs Taxi Co Ltd middot

1205 middot1n cases of abuse of the cheater switch the Union agrees that computer records of call-backs shall be prima facie proof of the abuse alleged by the Company Nothing herein shall be construed to condone or permit the use of the cheater switch Violations of this sub-article shall be considered grounds for discipline

1206 All requests for non-metered taxi service or other special taxi services shall be distributed in a fair and just manner

1207 Dispatchers phone staff and supervisors shall not dispatch any call or trip to any driver or on behalf of any driver by means of a pager or other similar communications device including but not limited to telephones with the exception of Para Transpo runs which shall be distributed in accordance with Appendix 3

1208 The Company shall ensure that there is no preferential treatment to any individual in respect of taxi dispatch services

1209 The Company shall employ a sufficient number of trained staff to serve the business in an efficient and expeditious manner

1210 When the Company dispatches a fare to an address that is different from the stated address of the caller the Company shall pay twenty dollars ($2000) to the driver dispatched

1211 The Company shall ensure that no derogatory remarks andor profane language is directed by the dispatchers and phone staff to drivers and vice versa The Company shall ensure that dispatchers and phone staff perform their duties in a polite businesslike and courteous manner at all times

1212 When a cancellation is received through the computerized dispatch system within the lead time of the Zone of the original call being placed

Collective Agreement laquoCompany)) Page 10

and the telephone number given at the time of the cancellation matches the telephone number given at the time of the request for the taxicab andor when a vehicle is dispatched to a non-existent address that is confirmed by the dispatch Supervisor the vehicle sent to that address would be placed in the first available position in the priority queue (given a No load)

bull No Load Priority Cancellation Local Incomplete Address

1213 In the event of a failure or malfunction of the computerized dispatch system the Company agrees that after a maximum of ten (10) minutes the addresses of the calls waiting will be made known to the drivers by voice In the event the server(s) is down for longer than twenty (20) minutes the Company must credit every driver in the bargaining unit an equal amount using the following formula five hundred dollars ($50000) divided by the total number of drivers in the bargaining unit to a maximum of two (2) crashes per month The Company will be entitled to two (2) downtime occurrences per month for upgrading and maintaining dispatching software and call centre hardware The Company agrees to notify the Union of the time and date of any organized shutdown The Company shall use its best efforts to have the shutdown during non-peak hours

1214 The Company agrees that dispatchers shall co-operate in every way possible to aid an employee who reports himself in danger The dispatcher shall not assess for himself the degree of urgency in any distress call and shall utilize nearby taxicabs andor police to provide aid

1215 (a) Time Calls

Time calls are prearranged calls Pre-arranged fares going to the Airport Train or Bus Station or downtown will also be considered a time call Time calls will be dispatched fifteen (15) minutes prior to the requested time to the first car booked on the corresponding stand

Out of town fares are calls reserved at least one ( 1) hour prior to the requested time It must have an estimated destination exceeding 100 kms or be on the middotflat rate sheet These fares will be dispatched forty-five (45) minutes prior to the requested time

The dispatcher may increase lead-time for time calls or out of town calls if weather traffic road conditions or the distance to locations warrant it

Collective Agreement ccCompanyn Page 11

(b) No information will be given out by the dispatch staff concerning fares coming into the Company office except for requests concerning the number of time calls to be dispatched between the next time period of 330 am - 630 am Dispatchers shall upon request inform the driver of the number of time calls to be dispatched during the next time period of 330 am - 630 am Dispatchers shall not give out any information with reference to the location of any time calls

1216 It is agreed that any concessiontaxi stand fares must be dispatched to drivers booked on the sub zones If no drivers are booked on the sub zone the fare will be dispatched as a regular fare If no drivers are booked on the zone the fare will be displayed on the main zone only as a fare waiting

1217 Attributed Call

These are calls where a special circumstance is made known to the Callshytaker and drivers are not forced to accept

Attributed calls shall include calls originating from the following locations or where the special circumstance indicated is made known to the phone staff

1 Bars -(except those listed as Messages) 2 Parcels 3 Wheel Chairs 4 Animals -(except guide animals) 5 Bicycles 6 Moving Jobs 7 Station WagonsNans 8 Boosts 9 No-Van Calls

Calls originating from the following addresses will be sent out as messages however should there be a Call-back for any of these addresses the Call-back shall be dispatched as a Local to the first car booked on the appropriate Zone

(a) OConnorsAMC Theatres (Kanata Centrum)

(b) Vox LoungeCock amp Bull (Bells Corners) (c) Park n Rides

(i) Baseline Station (ii) Fallowfield Station

(d) Grace OMalleys (Merivale and Capillano)

Collective Agreement ccCompanyu Page 12

1218

(e) (f) (g) (h) (i) (j)

Sergeants Pump (Merivale Rd) Coliseum Theatres Bayshore Transit Eagleson Transit Station Kanata Town Center Terry Fox Transit Station

For the purpose of article 1224 the following hours are considered peak periods

(i) During the months of November December January and February Mon - Fri 700 AM - 500 PM Thurs - Sat 500 PM - 300 AM New Years Eve 500PM-500AM New Years Day

(ii) During the months of March April and October Mon - Fri 700 AM - 300 PM Fri amp Sat 11 00 PM - 200 AM

(iii) For Canada Day 400 PM - 200 AM for

Christmas Day New Years Day (except as outlined above) Good Friday Easter Monday and Thanksgiving Day are exempt from the above

1219 Fares originating in the City of Ottawa and any other points west of Ottawa including Richmond Ontario shall be dispatched to the first taxicab appropriately booked on the corresponding stand

1220 Weather permitting there should never be a call back from customers due to the late arrival of a cab All fares accepted must be serviced without delay All stands will have a maximum response time limit of fifteen (15) minutes Phone personnel will tell customers that the cab will arrive within 10-15 minutes please be ready

Should the Company receive a Call-Back after the lead-time of a dispatched fare discipline shall be applicable to the affected driver(s) as follows

(a) 1st Offence First written warning and a fine of $2000 will be imposed and collected by way of the drivers account

(b) 2nd Offence Second written warning and a fine of $3000 will be imposed and collected by way of the drivers account

(c) 3rd Offence- Third written warning and a fine of $5000 will be imposed and collected by way of the drivers account

Collective Agreement ((Companyraquo Page 13

(d) 41h Offence- A final written warning and fine of $7500 will be imposed

and collected by way of the drivers account

(e) 5th Offence- Dismissal

Monies collected shall be used to appease dissatisfied customers and to advertise the DJs business

1221 Locals I Freebies

1222

1223

1224

a) b) (c)

These are calls that are dispatched to the first car booked in a Zone (Stand) and the driver accepting said call has a maximum of thirty 30) minutes to complete the call and rebook on the same stand the call was dispatched from in order to be placed in the first available position in the priority queue

Locals shall include calls originating from the following locations

Major shopping centres Groceries A list consisting of a maximum of five 5) addresses

When being dispatched on the Computerized Dispatch System Fare Waiting shall mask all calls or trips for the duration of this Agreement

No calls trips or parcels shall be dispatched on voice except where provided in this Agreement

In recognition of the fact that the Company operates a multi-fleet dispatch operation the Company and the Union agree that the staffing levels of the dispatch operation to service the DJs fleet shall always be no less than one (1) call taker and no more than middotfive 5) call takers One (1) call taker shall always have priority to respond to DJs calls with the balance of the call takers having secondary priority on a cascading basis To address any problems arising from dispatch issues the parties agree to establish a Dispatch Committee of equal representation to meet at mutually agreeable time frame upon request of either party within fifteen (15) days of notice being given by either side Issues may include but not restricted to hardware software or manpowerstaffing The Parties agree to address any such issue in an expeditious and fiscally responsible fashion

When the DJs fleet reaches one hundred and thirty (130) taxi cabs the Company shall add a second call taker having priority to respond to DJs calls but only during peak periods When the DJs fleet reaches one

Collective Agreement laquoCompanyraquo Page 14

hundred and sixty (160) the Company shall increase the number of call takers to two (2) having priority to respond to DJs calls at all times

1225 A list of persons and addresses owing money to drivers for fares not paid shall be compiled by the Company and kept in the dispatch office at all times No requests for taxicabs or specialty services excluding school and contract runs shall be dispatched to these persons andor addresses until the monies owing are paid

1226 Dispatchers phone staff and supervisors shall not remove falsify alter any request for taxicab service placed with DJs taxi dispatch service

1227 The Company shall ensure that dispatchers phone staff or supervisors shall not accept money or other forms of favour or inducements from any person where the objective of such payment is the granting of preferential treatment to any individual in respect of dispatch services

1228 When a call back is received after the lead time of the call in question the dispatch supervisor will send two 2) voice messages at least one (1) minute apart for the driver to come to voice If the driver fails to respond the call will be re-entered as a local call and if said driver is booked into the system heshe will be suspended until there is a response Drivers failing to go on or being late on their calls will be further disciplined in accordance with progressive discipline

1229 The Company shall discipline any driver who assigns a dispatched fare to another driver

1230 (a) The discipline or discharge of a driver who has completed hisher probationary period shall be grievable in accordance with Article 24 of this Agreement The Company agrees that it shall apply the principle of progressive discipline However the Company reserves the right not to apply the principle of progressive discipline for certain offences based on their severity

(b) The Company shall discipline any driver as follows for the specific offences listed below

i) Assigns or redirects a dispatched fare to another driver operating under the OJS roof sign as follows

a) 1st offence- 1 shift b) 2nd offence- 2 shifts c) 3rd offence - 3 shifts

Collective Agreement laquoCompanyraquo Page 15

(ii) Cancels a fare already inputted into the Ziptrack Dispatch System as follows

(a) 1st offence- 1 shift (b) 2nd offence - 2 shifts (c) 3rd offence- 3 shifts

(iii) Telephones the Ziptrack Dispatch System with an illegitimate call as follows

(a)

(b)

(c)

1st offence - 2 shifts and $2500 to the affected driver pajable by the offending driver 2n offence - 4 shifts and $2500 to the affected driver payable by the offending driver 3rd offence - termination of employment

(iv) Assigns or redirects a dispatched fare to another driver operating under another roof sign as follows

(a) 1st offence- termination of employment

For purposes of this provision one (1) shift is a period of twelve (12) consecutive hours for a twelve (12) hour driver and twenty-four (24) consecutive hours for a twenty-four (24) hour driver

1231 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical break down emergency or any other reason(s) not herein listed the dispatcher shall re-dispatch the fare and suspend the driver for one (1) hour

1232 Definitions

Accessible call means a valid request for an accessible taxicab by a person with a wheel chair or is otherwise defined by any statute or regulation thereof

Accessible Driver means a driver who is qualified to drive an accessible taxicab under the applicable By-laws of the City of Ottawa

Accessible Plate means a licence for an accessible taxicab that is issued to a person who has qualified to hold an accessible licence under the applicable By-laws of the City of Ottawa

Collective Agreement laquoCompanyraquo Page 16

middotAccessible Taxicab is a taxicab which is designed to accommodate one or more individuals who require the use of a wheelchair without the need to transfer the individual from the wheelchair which vehicles are otherwise subject to federal and provincial legislation applicable to the transport of Physically Challenged Persons and in respect of which an accessible plate has been issued

Attribute means in respect of a vehicle the association with that taxicab in the Ziptrack dispatch software system of a special feature (or restriction) for that vehicle required for specific types of fares

Call means a request for taxi service received by Ziptrack by a telephone call to the DJs Taxi number 829-9900

Cover or Covered as applicable to a fare means there-dispatch of a previously accepted fare at the request of the accepting driver for valid reason (mechanical breakdown accident or other emergency) in accordance with normal dispatch procedures

Taxi Stand means a space on private property for taxicabs operating under the DJs Taxi roof sign specified under an agreement between Coventry Connections Inc or Ziptrack Inc or a space specifically designated as a taxi stand from time to time on a public street or other public space by the City of Ottawa

Accessible Vehicle Dispatch

(a) It is agreed that calls placed through the dispatch system for an accessible taxicab shall be dispatched only to accessible taxis defined by the dispatch system as an Attribute Where there are no accessible taxicabs booked into the dispatch system and available to accept a call such call shall be displayed as being available on the fare broadcast screen

(b) An accessible taxicab may be dispatched as a standard sedan taxicab at anytime that it is not dispatched on an accessible fare An accessible taxicab shall not be given priority for any type of fare other than an accessible fare An accessible taxicab shall be booked off all zones when any fare is accepted or rejected

(c) The driver of an accessible taxicab is not authorized to reject an accessible fare if he is booked on the dispatch system or is in a queue at a taxi stand or company concession Failure to accept an accessible fare shall be deemed a rejection of an accessible fare and shall be subject to discipline

Collective Agreement ccCompany Page 17

1301

1302

1303

1304

(d) In the event that a driver of an accessible taxicab who has accepted an accessible fare requests to be covered and where such request is granted the driver shall be booked off the dispatch system for a minimum of one (1) hour or until the fare is covered

(e) The driver of an accessible taxicab that rejects or is deemed to have rejected an accessible fare under paragraph (c) above shall be booked off the dispatch system until one ( 1) hour after the accessible fare has been accepted and or service (the record of which not withstanding sub-Article 908 of the Collective Agreement shall be kept for five (5) years

(f) All accessible calls shall be masked by ACCESSIBLE FARE WAITING

(a)

(b)

(c)

(d)

(e)

ARTICLE 13 EMPLOYEES DUTIES

All employees shall perform their duties in a business like professional and courteous manner and shall not use abusive language on the air to customers or to Owners Group Staff

All employees shall be neatly dressed well groomed neat and clean in personal appearance

All employees shall give a receipt on the authorized form of the Owners Group showing the date car number and drivers name when requested to do so by the passenger or whenever there is a dispute over the fare

Subject to the above and except when he has a previous engagement ttle employee shall serve the first person requiring the service of his taxicab except when the prospective passenger

Is disorderly or abusive or poses a health or safety risk In cases of disputes involving intoxication andor health and safety risk and while the well being of the driver is of paramount importance extreme caution and sound discretion must be exercised prior to any refusal At all times the nature of the business that being a service Industry must be borne in mind so each and every situation must be measured on its own merit by the driver

Is in possession of an animal other than a Guide Animal or

Refuses to state his final destination upon entering the taxicab or

Has not paid a previous fare or

Refuses to pay in advance for flat rate out of town trip(s) or

Collective Agreement laquoCompanyraquo Page 18

(f)

1305

1306

1307

1308

1309

(a)

(b)

(c)

Has called two (2) cab companies for the same fare

In the event a driver discovers a lost object in the taxicab he shall immediately advise the dispatch supervisor of his findings with a description of the object an approximate idea of who might have left said object along with the pick-up and drop-off addresses of the customer if possible

Within twenty-four (24) hours of an objects discovery the driver shall take said object to the nearest Ottawa police station or to the Ziptrack Inc dispatch office at no cost or when directed to do so within the above mentioned twenty four (24) hours A receipt for said object will be issued if requested

Subject to Article 1305 should the customer wish the immediate return of the lost object the dispatcher shall notify the customer of the approximate metered cost of return from the location of the driver at that time and the employee shall return the object immediately to the customer at the standard metered rate

No employee shall be forced to violate a Municipal Provincial or Federal Law or regulation in the performance of ~1is duties

The Company shall provide the drivers with a list of all current flat rates Upon any changes to said list a new list shall be issued within thirty (30) days following such changes

No person(s) who will be driving under the DJs roof sign except for rehires who have been absent for less than three (3) years shall be hired or permitted to commence employment until

Heshe has successfully passed the test which the Company shall devise and administer with regard to the operation and knowledge of the taxi related Industry Said test shall include but not be limited to the knowledge of the Ottawa-Carleton area but with an emphasis on the areas directly affected by this collective agreement

Orientation by the Operations Manager or his designee on the DJs Taxi charge system

Heshe has been given a six (6) hour in-car training session This session will comprise of accompanying the prospective employee for a period of six (6) hours to learn the stands customer relations specific to DJs Taxi two-way radio booking practices and a general familiarization with the DJs environment The cost associated with this in-car training session shall be

Collective Agreement ccCompanyraquo Page 19

$10000 and said cost shall be borne by the prospective employee Failure to pass any portion of this test shall result in a fourteen (14) day waiting period before the applicant will be allowed to re-do the portion(s) of this sub-article which heshe has failed The cost associated with re-doing a) or c) will be $5000 while re-doing both would be $10000

During this waiting period the applicant will not be allowed to operate under the DJs roof sign No person operating a taxicab under the DJs roof sign will be assigned any duties associated with this sub-article

Tests are given on the first and third Mondays of each month on a first come-middotfirst serve basis by appointment Failure to attend for a scheduled date and or time will result in the forfeiture of the appointment and a new date will be booked on a first available basis only

ARTICLE 14 TECHNOLOGICAL CHANGE

1401 Technological Change means but is not limited to the introduction of changes to the present systems the introduction by the Company of additional radio channels computerized dispatching systems or any other mechanical electrical or other system including but not limited to fuel systems at no cost to the drivers

1402 In the event of any technological change the Company shall notify the Union in writing at least ninety (90) days before the introduction of such changes unless prior discussions with the Union have occurred

1501

1502

1)

2)

3)

ARTICLE 15 SENIORITY

Seniority shall be applied in determining layoffs preference for time off and recall from lay off as set out in other provisions of this agreement

Prior to being offered employment an individual shall be required to present to the Member of the Owners Group and the Company all relevant documentation namely

Valid Ontario or Quebec Provincial drivers license with a current provincial driving record with no more than six (6) demerit points at such time and if applicable has been pardoned for any prior conviction for impaired driving

Applicable Taxi Drivers License

Original copy of a Motor vehicle drivers abstract no older than twentyshyeight (28) days

Collective Agreement laquoCompanyraquo Page 20

4) Letter from previous or present insurer (where possible)

5) Work permit if applicable

6) Proof of Union membership

7) Social Insurance Numbercard or verification from appropriate federal government department of such number

8) A clear Police Criminal Record check no older than twenty-eight (28) days

9) Training as set forth in 1309

The above requirements do not apply to a driver who changes status or moves between Members of the Owners Group or Single Plate Owner or Single Plate Lessee provided the driver does not go more than thirty (30) calendar days without being registered on a taxicab except by reason of a proven medical illness Requirement 9 above does not apply to a driver who had previously driven under the DJs Taxi roof sign within the previous twelve (12) months Nevertheless each driver is required to register such changes with the Company To facilitate the drivers ability to register such changes the Company office shall be open from 830 am to 200pm daily except Saturday Sunday and Statutory Holidays

1503 The Owners Group shall recall laid off employees in the reverse order of lay-off

1504 A driver injured or ill should notify the Company and the Union within two (2) weeks of his absence and should arrange to provide a detailed mediqal certificate as evidence of injury or illness and an estimated time of return signed by a doctor in order to preserve his seniority Only an employee returning from an absence of eighteen (18) months or less due to injury or illness shall be returned to his previous vehicle provided that said vehicle is still working as a taxicab if it is not he shall be returned to another vehicle on the same shift he had prior to his injury or illness

A driver replacing another driver who is on sick leave shall be notified of his status by the Owners Group and the Owners Group shall notify the Union of all details

An employee returning within 30 days from an absence due to injury or illness shall be returned to his previous vehicle provided said vehicle is still working as a taxicab and if it is not heshe shall be returned to another vehicle

Collective Agreement laquoCompanyraquo Page 21

1505

(a)

(b)

(c)

(d)

An employee returning to work after thirty (30) days but less than eighteen (18) months from the commencement of hisher injury or illness shall be returned to work displacing the most junior driver driving with the individual member of the Owners Group

Clarity Note (i) A twelve (12) hour driver returning from illnessinjury shall be returned to a twelve (12) hour shift car by replacing the most junior driver driving Should the most junior driver be driving a twenty-four (24) hour car heshe would then be offered the shift remaining after the returning driver has chosen

Clarity Note (ii) A twenty four (24) hour driver returning from illnessinjury would replace the most junior driver and assume hisher shift

Clarity Note (iii) Returning employees shall be given the first available car corresponding to their previous shift

An employee shall lose seniority and as such will cease to be an employee upon

Voluntarily quitting or resigning

Being discharged for just cause and not having been reinstated through the grievance or arbitration procedure

Failing to rent an available vehicle when duly notified of same while on layshyoff except or for certified medical reasons

Being laid off being without a valid work permit or being without a valid Provincial drivers license or appropriate Municipal taxi drivers license for a length of time equal to that employees seniority or twelve (12) months whichever is less

ARTICLE 16 COMMITIEES

1601 A UnionManagement committee shall be appointed consisting of up to three (3) representatives from the Union and up to three (3) representatives from the Company This committee shall meet every six (6) months for the purpose of discussing matters of mutual concern

1602 A safety committee consisting of at least two (2) representatives of the Union and two (2) representatives of the Owners Group shall meet at a mutually agreeable time frame upon the request of either party within thirty (30) days for the purpose of discussing matters of mutual concern Minutes will be kept of each meeting

Collective Agreement laquoCompany Page22

1603 A rules committee consisting of up to three (3) representatives of the union and of up to three (3) representatives of the owners group shall meet at a mutually agreeable time frame upon the request of either party within thirty (30) days for the purpose of negotiating changes to existing rules and for discussing any new rules prior to their implementation

1604 To address advertising the parties agree to establish an Advertising Committee of equal representation to meet at mutually agreeable times upon request of either party within fifteen (15) days of notice being given by either side The Committee shall be responsible for a budget of $2625000 over the term of this collective agreement which sum shall be spent to advertise and promote the DJs business

The parties must agree when and how the advertising will be allocated However the parties agree that advertising would include

bull Flyers bull Newspaper Ads bull Promotional Items (eg fridge magnets) bull Radio

ARTICLE 17 SAFETY AND HEALTH

1701 It is understood and agreed that driver safety is important to the individual employee and to the industry as a whole The Owners Group and employees agree to exercise their rights and to fulfil their obligations in accordance with this understanding The Owners Group will continue to encourage and welcome safety recommendations for the safety and health of drivers during their working hours

1702 The employer shall supply only safe and roadworthy vehicles and the equipment contained therein and the vehicles themselves shall be maintained in good working order Each rental vehicle shall meet the mechanical fitness standards as defined in Provincial legislation

1703 The Company agrees to pay the premiums to an insurer chosen by the Company to provide term life insurance coverage in the amount of ten thousand dollars ($1000000) for all employees provided that the affected employee has a minimum of one (1) year seniority under the DJs Taxi roof sign and is actively working on the day he attains this one ( 1) year seniority

All claims and payments shall be in accordance with the terms of the master policy of the insurer and the Company shall not be liable for any

Collective Agreement laquoCompanyraquo Page 23 middot

bull

non payment by the Insurer This insurance coverage will not be provided to any driver who is 65 years or older at any time during this agreement

The Company shall aid in collecting monies by allowing a cash donation box to be set up at their office for driver(s) involved in serious accidents The Company shall not be responsible for said box

1704 The Company shall supply a safety shield for the company owned rental vehicle when requested by that driver

All rental drivers who request a shield must continue to operate on a vehicle that is equipped with a safety shield so long as said driver is operating under the DJs roof sign provided one (1) is available Company rental drivers working with a shield shall have the option of refusing to operate any spare rental vehicle not equipped with a safety shield However once a driver accepts a spare rental vehicle not equipped with a shield he will be deemed to have given up his right to exercise this option on the same shift

ARTICLE 18 WORK WEEK

1801 The Owners Group agrees that the employees shall determine their work week subject to the provisions of this agreement

1802 The Owners Group agrees that the work week shall be based on seven (7) days

1803 Rental drivers shall pay their weekly rental over six (6) days and have the use of the vehicle for seven (7) days

1804 Stand rents for car owners shall be calculated weekly paid monthly or weekly at the discretion of the employee but limited to one change in the payment structure per calendar year Any reduction is to be calculated on a weekly basis and there shall be no reduction given for anything less than seven (7) consecutive days off except where provided in this agreement

1805 Shifts shall be mutually agreed upon by the partners on the vehicle and in case of dispute shifts shall commence at 400am and 400pm The change-over location shall be mutually agreed to by the partners on the vehicle and in case of dispute change over shall be at the Companys office

ARTICLE 19 STATUTORY HOLIDAYS

Collective Agreement laquoCompanyraquo Page 24

1901 (a)

(b)

All rental drivers (12 amp 24 hours) of the Owners Group shall be entitled to the following days off provided that they have worked more than three (3) consecutive months under the Companys roof sign

All single plate owners (SPO) and single plate lessees (SPL) shall be entitled to the following days off provided that they have completed three (3) months of service under the Companys roof sign and they shall not be charged plate rent or stand rent for said statutory holidays

Employees meeting the criteria outlined in (a) and (b) above shall be given credit for said days whether they choose to work or not Credits for statutory holidays shall be given at the time that payment is made for the period covering the day of the holiday

New Years Day Family Day Good Friday

Victoria Day Canada Day Labour Day

ARTICLE 20 TIME OFF

Thanksgiving Day Christmas Day Boxing Day

2001 All rental drivers (12 amp 24 hours) shall be entitled to four (4) weeks annual time-off

All single plate lessees (SPL) shall be entitled to five (5) weeks annual time-off for which they shall not be charged stand rent for time-off taken During said time-off heshe shall not be charged plate rent for the first four (4) weeks

All single plate owners (SPO) shall be entitled to seven (7) weeks annual time-off During this period they shall not be charged stand rent

SPOs and SPLs outlined above will be granted their requested time-off entitlement provided they have no balance owing and provided that a minimum of one (1) week written notice is given to the individual Member of the Owners Group (MOG) and the Company and provided further that said drivers have a minimum of one (1) completed year of uninterrupted service under the Companys roof sign

In cases of accidents and major breakdowns involving SPO and SPL no notice period will be required for time-off and credits for such time-off will be based on daily increments

Where a SPOor a SPL has used all hisher allotted time off and said SPO or SPL has an accident or major breakdown heshe will be given up to a maximum of ten (1 0) additional days of time off and during said time

Collective Agreement laquoCompanygtbull Page 25

heshe shall not be charged any stand rent subject to proof of inoperability of the vehicle being provided

In the case of SPOs and SPLs extended time-off will be allowed for overseas trips All rents must be paid in advance to cover the time off for the extension

Explanation Car owners time off is only when the car is off the road If the SPO or SPL puts a driver on the car it is not considered part of this time off

2002 Single plate owners and single plate lessees will be responsible for arranging for time off for their drivers

2003 Time off may be taken weekly or bi-weekly at the employees discretion Provided further where the employee has taken a minimum of one (1) week heshe may take additional days) of less than weekly increments) in conjunction with the one 1) week

2004 Time off must be taken during the calendar year and cannot be accumulated over more than one calendar (1 year

2005 The MOG SPL and SPO agree that roof signs taxi plates and all other items (computer equipment will remain with the Company during the employees time-off and in the case of rental drivers the rental vehicle will be returned to the vehicle owner

ARTICLE 21 INSURANCE

21 01 Every car owner has the right to obtain insurance from the broker or Company of their choice without interference from the Owners Group

2102 The Owners Group shall upon written request from an employee who is presently insured by a member of the Owners Group provide written details of claim settlements and accident records

2103 The Company shall provide at no extra cost motor vehicle insurance coverage with collision provision deductible not exceeding $75000 or the cost of repair whichever is less for each at fault accident

21 04 The Company shall provide at no extra cost comprehensive coverage with zero deductible including but not limited to middotfire and theft It is agreed and understood that comprehensive coverage does not cover driver owned equipment

Collective Agreement Page26

21 05 The Company shall provide accident benefit coverage as set out in the OAP 1 of the Ontario Automobile Insurance Act and shall abide by the guidelines and statutory conditions as set out by the Insurance Company with whom the Company is insured

2106 With respect to Articles 2103 2104 and 2106 above which applies to accessible shift vehicles only) the Companys obligation is to provide insurance coverage only Any determination of whether a driver is entitled to insurance benefits andor whether a claim shall be paid or denied in any given situation shall be the sole and exclusive responsibility of the Insurance Company

2107 A driver who is insured through the Company shall provide the Company with a Motor Vehicle Drivers Abstract one month before the annual renewal of the Companys insurance policy A driver shall provide additional Motor Vehicle Drivers Abstracts as requested by the Insurer

21 08 The Companys insurer may judge a driver to be a high risk and may assess a surcharge accordingly A driver who is found tomiddot be a higher risk will bear the cost of any such surcharge

21 09 A driver insured by the Companys insurer who is involved in an accident shall regardless of whether he or she was at fault notify the dispatcher immediately The driver shall indicate whether the accident should be reported to the police and whether the customer or driver require medical attention Following notification of the dispatcher the driver shall remove the roof sign from the vehicle and record to the best of his or her ability all relevant information The driver shall bring the relevant information to the office within 24 hours of the incident excluding weekends and holidays)

2110 Drivers are responsible for the replacement of all lost or stolen antennae andor roof signs

2111 The Company shall pay the full El payments for all rental drivers In the event of an increase in the premiums during the life of this Collective Agreement drivers shall pay the drivers share of the increase

2112 All drivers who are insured through the Company obtained insurance must sign the Companys insurance agreement prior to commencing work The Company shall provide insurance agreements with no more than a $75000 deductible to be paid after the accident The amount shall be paid at the rate of $1000 per shift until fully paid

Collective Agreement ((Companyraquo Page27

ARTICLE 22 TAXI PLATE SALES

2201 1 Members of the Owners Group shall be able to sell plate(s) in the following manner

2202

(a) A notice of its intent to sell plate(s) shall be posted and announced over the dispatch system for a period of three (3) days and shall be offered to the lessees and rental drivers in the bargaining unit

(b) Where there is more than one interested applicant the plate(s) shall be offered based on seniority and plates sold shall be the plate of the most junior lesseedriver

Where the sale will result in the layoff of a driver that driver shall be recalled prior to any new hires by all Members of the Owners Group

2 Where there are no applicants the Member of the Owners Group will sell the last leased plate at their discretion Any driver laid off shall be recalled prior to any new hires by all members of the Owners Group

3 Sale of More Than One Plate at One Time

4

5

The Owners Group has the right to sell to whomever they choose provided that no one is displaced

In the event that the most junior lessee is displaced as a result of the sale of the plate the Company agrees to pay to the displaced lessee no more than fifty-five thousand dollars ($5500000) in the first year of this Agreement and according to the succession plan as outlined in article 23 for the following years of this Agreement This would apply only if the said lessee has complied with the succession plan as per article 23

An individual Member of the Owners Group shall not require any of his drivers to give up their rights under this Agreement and work under another roof sign without the drivers written consent given before a Notary Public for Ontario The Union shall be supplied with copies of the consents

In the case where a Member of the Owners Group is leasing a taxi plate and the Member of the Owners Group has a car under this plate and this vehicle is then rented out on a 12 or 24 hour rental this article then does not apply The Owners Group cannot be held responsible for any damage or compensation that may arise from the actions taken by the 3rd party

Collective Agreement laquoCompanyraquo Page28

2301

2302

2303

1

2

3

4

ARTICLE 23 SUCCESSION AND TAXI PLATE LEASES

Definition

The process by which the lessee of a Company-owned taxi license plate having determined that heshe wishes to retire andor otherwise terminate hisher relationship with the Company and having officially notified in writing both the Union and the Company of hisher intention to do so offers the opportunity to hisher driver to be the lessees successor all in accordance with the conditions sot out in this Article

In order to be eligible to offer a lease for succession the lessee must have been a party to a valid taxi plate Leasing Agreement with the Company for a minimum of one (1) year and have two (2) years of continuous uninterrupted service operating a taxi vehicle under the Companys roof sign The lessee must also be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

In order to qualify as a successor the driver must be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

An offer for succession shall follow the following order

No offer for succession can be made until the day after the final version of the seniority list as outlined in Appendix 2 has been agreed upon and signed-off by the Parties

The lessee must notify the Company and the Union in writing of hisher intention to exercise the option of succession and the projected date of the succession

The taxi plate lease shall be offered to the lessees current driver (if any) who shall have thirty (30) days to reject or accept the succession

If the offer is rejected or thirty (30) days have passed since the offer was made the taxi plate lease shall be offered to the drivers who are not single plate lessees (SPL) or a single plate owner (SPO) on the seniority list who shall have thirty (30) days to reject or accept the succession

Collective Agreement ltltCompanygtgt Page29

5

6

2304

2305

2306

2307

2308

2309

The most senior driver on the seniority list (who is not a single plate lessee-SPL or single plate owner-S PO) who accepts the succession shall be the successful incumbent lessee

In the event that no driver accepts the succession the lessee may ask that his request for succession be held in abeyance until such time as an incumbent lessee is found or may retire andor otherwise terminate hisher relationship with the Company at the time of hisher choosing In the event that the lessee retires andor terminates hisher employment relationship the taxi plate shall be returned to the Company and assigned to the next senior eligible driver as per the Companys past practice

The succession shall be valued at no more and no less than fifty-five thousand dollars ($5500000) except as modified as per sub-Article 2308 The driver (incumbent lessee) shall pay to the lessee the full value of the succession fee within sixty (60) days of the date of acceptance of the offer Once the driver has paid the succession fee the driver becomes a single plate lessee for the purposes of this Collective Agreement and will assume all rights duties responsibilities and obligations of a single plate lessee as set out in this Collective Agreement

The Parties agree that any monies or other considerations paid to a lessee at any time other than the time set out in sub-Article 2304 above shall not be counted towards the succession fee

The amount of $300000 (plus HST if applicable) shall be paid to the Company as a consulting fee by the incumbent lessee no later than the day before the day the incumbent lessee becomes a single plate lessee for the purposes of this Collective Agreement

Any lessee who exercises the succession option voluntarily terminates hisher employment with the Company and loses all seniority A driver who wishes to subsequently be rehired by the Company as a driver shall be placed at the bottom of the seniority list The driver will be eligible to become a lessee two (2) years from the date of hisher rehiring

The amount set out in sub-Article 2304 shall be increased annually on the date of the plate and stand rent increases set out in Article 27 of this Collective Agreement The annual increase shall be the same as the average of the percentage increase in the plate rent and the stand rent for that year

In the event of the death of a lessee and provided the lessee is up to date with all payments to the Company and has no outstanding amounts owing to the Company whatsoever the lessees estate shall have up to six (6) months from the date of death to exercise the option of succession

Collective Agreement laquoCompanybullbull Page 30

2310

2311

(a)

(b)

(c)

2312

Leasing agreements must be entered into provided they do not conflict with the terms of this Agreement

Without limiting the generality of 2310 in any way whatsoever a leasing agreement shall contain the following provisions

The lease shall terminate automatically for failure to fuHill any term of the lease including but not limited to failure by the lessee to fulfill any financial obligation or failure by the lessee to obtain replacement insurance in the event of cancellation of insurance

The lessee shall be the principal driver of the taxi vehicle which is attached to the taxi license plate

This Collective Agreement between the parties shall be the entire agreement and there shall be no other fee condition or other obligation except those set out in the Collective Agreement

All leased plates shall remain as such and shall not be converted to rental vehicles for the duration of this Agreement provided there are persons willing to leased said plates

ARTICLE 24 GRIEVANCE PROCEDURE

2401 A grievance shall include any issue regarding the interpretation administration application or alleged violation of this agreement It is the mutual desire of the parties that complaints of the drivers be adjusted as quickly as possible To that end the parties have adopted the following grievance procedure

STEP 1 A driver may bring his complaint to the Supervisor of the Members of the Owners Group If the driver does bring his complaint to the Supervisor he must do so within twenty (20) days of the incident or of he having knowledge of this incident giving rise to the complaint Where the complaint is brought forward it must be given to the Supervisor and the Supervisor shall reply within two (2) working days

STEP 2 Failing settlement of the complaint at Step 1 or where the driver has chosen not to avail himself of Step 1 the driver must file the grievance in writing within twenty (20) days of the incident or omiddotf he having knowledge of this incident giving rise to the grievance The grievance must be referred to the Member of the Owners Group claimed to be responsible andor any other person designated by the Member of the Owners Group Grievances shall be dealt with at the Step 2 meeting which shall be scheduled on the 3rd Wednesday of every month This monthly Step 2

Collective Agreement ccCompanyraquo Page 31

meeting shall be one meeting held at the Companys office Where the grievance involves the discharge of a driver the parties agree to meet within ten (1 0) working days of the filing of the grievance A representative of the Union shall be present at all step 2 meetings The Member of the Owners Group must respond within three (3) working days of the meeting

2402 Should a group grievance or a Union or policy grievance develop it shall be filed at Step 2 within twenty-five (25) days of the incident giving rise to the grievance or of the drivers or Union having knowledge of this incident

2403 Failing settlement under the above the matter in dispute may be taken to arbitration in accordance with article 26

2404 Drivers employed by single plate owners and single plate lessees may not grieve matters or disputes arising between the driver and the single plate owner or single plate lessee A committee shall be set up and made up of equal numbers of Uniondriver and Company personnel to assist in resolving disputes between the drivers and single plate owner and single plate lessee The committee shall have the power to determine a procedure to be followed as well as to determine fault and penalties

ARTICLE 25 ARBIrRATION

2501 After exhausting the provisions of the grievance procedure either of the parties may submit a grievance to arbitration either expedited or formal in writing within thirty (30) days of the Step 2 reply or if there is no reply within thirty (30) days after the expiration of the time limits to provide a reply

2502 Unless otherwise mutually agreed by the parties all grievances referred to arbitration not relating to an indefinite suspension a discharge or any separation of employment or to the interpretation of the collective agreement group grievances and policy grievances shall be referred to the expedited process

Grievances referred to arbitration in respect of indefinite suspensions discharge or separation of employment for any reason or to the interpretation of the collective agreement and group grievances may only be referred to this expedited process by the mutual agreement of the parties

2503 Within fourteen (14) days after notice has been given that the grievance will proceed to formal arbitration the parties shall meet and agree on a single arbitrator If the parties cannot agree on an arbitrator within this time limit either party may request the Minister of Labour to appoint an

Collective Agreement laquoCompanyraquo Page32

arbitrator and this appointment shall be binding on both parties In respect of the cost of arbitration of formal grievances the parties shall share equally the fee and expenses of the sole arbitrator

2504 The formal arbitrator shall have the right to exercise all the powers provided by the Labour Relations Act as amended from time to time

2505 The Arbitrator must hand down a written decision within sixty (60) days of the date of the hearing

2506 As an alternative to the formal arbitration process set out in the foregoing paragraphs a grievance may be referred to a previously agreed-upon person who shall hear the grievance and who shall at the conclusion of the hearing give a decision immediately Such decisions may not be used to alter modify or amend any part of the collective agreement and are made without precedent or prejudice to similar or like cases Such a decision shall be final and binding upon both parties and no further action may be taken on that grievance by any means whatsoever

2507 To maintain the efficiency of this expedited process the parties shall schedule a minimum of one (1) day of arbitration every three- (3) months except in those circumstances where either party deems it necessary to schedule the arbitrator more frequently

2508 The parties shall share equally the fee and expenses of the persons selected to hear the expedited arbitration cases

2509 At all expedited arbitration hearings the Company or Member of the Owners Group shall be represented by a member of their management and the Union shall be represented by a Union staff representative or an officersteward of the Local Union

2510 The Union shall forward to the representative of the Member of the Owners Group a list of the expedited grievances to be heard on the day or days scheduled for the hearing of grievances according to the expedited arbitration procedure The aforementioned list shall be forwarded to the representative of the Member of the Owners Group no later than ten (10) working days in advance of the hearing unless otherwise mutually agreed

2511 By exception a party may call one (1) witness at an expedited arbitration

2512 Prior to proceeding to formal or expedited arbitration and at least thirty (30) days prior to the date of arbitration the parties may upon mutually agreement request that any grievance be referred to a mediator to act as a grievance mediation officer for the purpose of attempting to

Collective Agreement laquoCompanyraquo Page33

mediate a settlement of the grievance The parties shall share equally the fee and expenses of this officer

ARTICLE 26 TAXI PACKAGE

2601 The employer shall provide to the rental driver at no extra cost motor vehicle insurance with a collision provision deductible not exceeding $50000 for each accident at fault

The Owners Group shall also provide to the rental driver at no extra cost comprehensive coverage with zero (0) deductible including but not limited to fire and theft It is agreed and understood that comprehensive coverage does not cover driver added equipment

2602 Each rental driver shall be supplied for a daily twelve (12) or twenty-four (24) hour period at no extra cost a roadworthy safe sedan four (4) door taxicab with proper weather resistant tires for all seasons and with a seating capacity for not less than four (4) passengers containing

2701

2702

2703

1 A roof sign 2 A sealed taxi meter 3 A two-way radio 4 A full size spare tire subject to space limitations 5 A tire tool 6 A jack 7 A mike clip 8 A full tank of gas at start date 9 Air conditioning on replacement vehicle where possible 10 An electric rear window defroster or blower

Any equipment owned by the Owners Group that becomes inoperative shall be repaired as soon as possible

ARTICLE 27 RENTAL CHARGES AND TERMS OF AGREEMENT

This agreement shall take effect upon ratification and be binding on both parties for three (3) years and shall continue for annual periods of one year each unless either party gives at least one hundred and twenty (120) days notice that it wishes to amend this agreement

It is agreed and understood that this agreement will remain in full force and effect until amended by negotiations

Rates shall be as follows

Collective Agreement laquoCompanyn Page 34

712011 712012 712013

Stand Rent (monthly) $43900 $45000 $45900

Plate Rent (monthly) $71926 $75000 $75960

Daily Car Rental 24 hr Regular Plated $9700 $9700 $9700

24 hr Accessible Plated $10500 $10500 $10500 12 hr Regular Plated $6700 $ 6700 $6700

12 hr Accessible Plated middot $8300 $8300 $8300

Credit Card Transaction 50 50 50

Debit Card (per) Transaction $065 $065 $065 (To the Driver)

POS Rental Fee (monthly) $800 $800 $800

POS Insurance (monthly) $300 $300 $300

Note The above rates do not include HST

Note For purposes of car rental rates the weekly rents shall be six (6) times the daily rent

Note It is recommended that drivers use Company supplied POS machines and systems

2704 Employees shall pay all monies owed to the Company in the following manner Monthly By the 5th business day of the month

2705 Any employee failing to pay monies by the above dates and times shall be suspended and not reinstated until the monies are paid in full and credited to their account

2706 Employees shall be entitled to pay their rents to the company by company approved charges cash and cheque - provided the employee has at least one (1) year of seniority

Employee(s) who have one (1) cheque returned NSF shall be suspended immediately upon the company receiving notification from the

Collective Agreement ((Company Page35

bank shall lose such privilege for twelve (12) months and shall be charged the appropriate charges

ARriCLE 28 GENERAL

2801 The Company and drivers shall maintain its internal company charge system and accept major credit cards which currently include Visa Mastercard American Express and Diners Cluben Route as approved by the Company

2802

2803

2804

2805

2806

2807

This system shall continue for the duration of this Agreement so long as external factors outside the Companys control do not prevent the Company from doing so Drivers shall be entitled to cash their charges provided they do not have any outstanding balances at the offices of the Company during the hours of 0830am to 400pm Monday to Friday except holidays The Company shall make available to the employees during normal business office hours receipt cards and credit card slips All credit card charges must be authorized

Drivers shall pay a fee of five (5) of all credit card charges that they redeem

Except as otherwise provided in this agreement all passengers shall be treated in a polite professional courteous and businesslike manner at all times by both the Owners Group and the employees

If requested a properly signed receipt shall be furnished by the owner for all payments made by the driver (If requested said receipt shall show a breakdown of all payments made by the driver and the dates for which they apply) For the purposes of this clause a numbered computer receipt shall be deemed to be signed

The employees who own their own vehicles whether or not they own their own license shall have absolute choice as to where their vehicle is to be repaired andor maintained

No employee either full-time or part-time shall abuse or mistreat any vehicle or equipment (ie roof sign radios meters and aerials)

The Owners Group agrees to work with the Union to lobby the City of Ottawa to allocate stands where necessary and appropriate

The Company agrees to provide the Union with the rules covering the stands controlled by concession agreements

Collective Agreement ccCompanyraquo Page 36

bull

2808 Subject to the provision of adequate insurance coverage all car owners shall be free to place a second driver or a third driver on their vehicles should they require without interference from the Company

2809

2810

2811

2812

2813

2814

In the event the Company refuses an individual employment as a second driver or as a third driver the Company agrees that such refusal may be the subject of a grievance and the onus of proof shall rest with the Company to show just cause for such refusal

The parties agree that no vehicle will have more than three (3) drivers at any one (1) time

The Company shall take reasonable steps to maintain all current concession agreements for the duration of this agreement The Company shall take all reasonable steps to obtain additional concession agreements

The Company shall have a phone line separate from the dispatch office so that drivers business people friends of the office staff may call through middot without having to tie up the dispatchers time The separate phone line may be used by the dispatch office during non-business hours

Time-off without rental fees or loss of seniority will be given to those members of the bargaining unit who are called for jury duty Rental driver(s) must park their rental vehicle(s) at the Companys premises should the jury duty go beyond three (3) days

The Company shall maintain a drivers waiting area As well the Company shall allow the drivers to use the telephone in the office for local calls only pursuant to the current past practice

In the event of an assessment to the CompanyOwners Group by WSIB in relation to the provision of WSIB benefits for the Bargaining unit personnel the CompanyOwners group and the Union agree to renegotiate in good faith the rates set out in Article 2703 Where the parties fail to reach agreement on the issue the matter shall be referred to an arbitrator for full and final settlement

When a customer complaint is received by the dispatcher the latter will advise the customer that an authorized representative of the Company will handle the complaint in an expeditious manner Upon request by the Union the Company shall provide a copy of the computer printout and all other relevant information including but not limited to any taped conversation related to the complaint being investigated The privacy of the customer is paramount and will at all times be respected

Collective Agreement ccCompanybullbull Page 37

2901 (a)

(b)

ARriCLE 29 BEREAVEMENT LEAVE

The Members of the Owners Group agree to grant affected employee(s) the necessary time off of up to four (4) days without fees at the time of death of the following relative(s) of said employee(s) father mother spouse (includes common-law) child brother sister mother andor fathershyin-law

The Members of the Owners Group further agree to grant to affected employees two (2) days without fees at the time of death of the following relatives of the employee sister andor brother-in-law and grandparent

ARTICLE 30 SOCIAL JUSTICE FUND

3001 The Company shall pay to the Union an amount of eight hundred ($80000) dollars per collective agreement year with such amounts being made payable to the CAW Social Justice Fund Inc Said amounts shall be paid by separate cheque by the last day of February in each year of this collective agreement A tax receipt shall be supplied to the Company on receipt of said amount

ARTICLE 31 SAFETY BANQUET

3101 The Company agrees to contribute seven hundred and fifty dollars ($75000) to the Unions annual Safety Banquet in each year of the Collective Agreement

SIGNED THIS DAY OF APRIL 15 2012

FORTH~

~~

Collective Agreement laquoCompanyraquo Page38

Collective Agreement laquoCompanyraquo Page39

SCHEDULE 11 A 11 LIST OF THE OWNERS GROUP

Coventry Connections Inc

Collective Agreement ccCompanyraquo Page40

SCHEDULE nan EXISTING CUSTOMS RIGHTS AND PRIVILEGES

1 There shall be no charge for the receipt cards

2 There shall be no charge for credit card vouchers subject to suppliers (third party) availability and conditions Should the Company pursue a course of action leading to Point of Sale terminals which usage will include Debit transactions Decremental Cards and Credit Cards there would be a charge for paper usage

3 The drivers shall choose their own working hours during their shift

4 Reasonable accommodation shall be given to payment of outstanding debts for accident(s) The following minimum payments are required

A) Up to $1 00000 - $ 1 000 per day

B) Over $100000- $2000 per day

Agreed to on the understanding that this does not apply to spare cars

Collective Agreement laquoCompanyraquo Page 41

SCHEDULE C RULES AND REGULATIONS

1 The following articles of clothing are not acceptable forms of attire at OJS

(a) Sweat pants and shorts except for dress shorts Dress shorts will be allowed from April to Labour Day Drivers caught wearing inappropriate shorts will be given one (1) warning and any future occurrence with regards to inappropriate shorts will cause them to lose the right to wear dress shorts for the duration of that season Shorts can be no shorter than three (3) inches above the knees

(b) T-shirts (except Union decaled T-shirt) without lapels tank tops and muscle s1middot1irts

NB Clothing andor other attire with obscenities profanities or sexually degrading remarks are not acceptable Hair must be clean and neat Faces must be clean-shaven or beards neatly trimmed Clothing must be tear and rip free with no visible patches and is to be cleaned and ironed as required Socks must be worn at all times with all types of footwear except for sandals

2 Drivers must be courteous and pleasant at all times and must conduct themselves in a professional business-like manner

3 There is to be no abusive foul language or gestures directed at customers or the general public

4 Consumption of alcohol or drugs will not be tolerated prior to the commencement of a shift andor while driving

5 There wiil be no arguing and fighting among drivers or other DJs personnel under any circumstances

6 No playing of cards or any other games of chance is allowed at any time when working This includes any form of gambling or betting on the air

7 Profanity or abusive language on the air or in your vehicle is prohibited at all times

8 Use of cell phone during the conveyance of a customer(s) is prohibited

9 Each taxicab and driver shall carry at all times a current street guide Drivers are to make proper use of this guide to avoid unnecessary air time

Collective Agreement ccCompanyraquo Page42

10 Deliveries are to be taken directly to the destination Running other fares while occupied on deliveries will not be permitted unless approved by the dispatcher

11 No messages between drivers are permitted Drivers will receive messages to call home spouse office union office partner or garage

In addition When an authorized Union rep asks the dispatcher to have a member of the bargaining unit call them for union business only this will be allowed and if necessary a phone number will be given

12 Picking up a fare while on the way to an accepted dispatch call will not be permitted

13 Drivers must allow 5 minutes wait at the customers pick-up address

14 Drivers shall take reasonable steps to ensure that they pickup only those fares that they are dispatched to Drivers must check with dispatcher for authorization before taking another fare from same address

15 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical breakdown emergency or any other reason(s) not herein listed the dispatcher shall reshydispatch the fare and suspend the driver for one (1) hour

16 Interference or jamming of the radio is a Federal offence and will not be tolerated

17 When necessary drivers must assist customers with handling of baggage and opening and closing of doors

18 No complaining to customers about short fares or time calls A list of regular short fares will be established and such fares shall be dispatched as Locals

19 At customers request music radio and other sound systems except for the twoshyway radio must be turned off

20 Driver must issue a receipt card upon request by customer Drivers signature must be clearly marked in the appropriate place on the receipt card There is no charge for the issuance of a receipt card

21 No new driver is to commence work until he has been briefed by OJS staff in the operating of our charge account system

22 Some of the guidelines in the operation of our charge account system are as follows

Collective Agreement laquoCompanyraquo Page43

(a) All charges are to be signed with car number (eg-DJ70) and date clearly written

(b) If the fare goes to more than one destination these other destinations are to be clearly marked on the reverse side of the chit

(c) Taxi chits to be signed by the customer and dollar value to be clearly marked

(d) Gift certificates which currently have a maximum value of $500 each are to be accepted at face value and change given as required

(e) Drivers must note on back of chit the drop offpick up address if it is different from address shown on face of chit

Drivers are prohibited from buying other drivers charges whether they be DJS drivers or other cab Companys charges Violation of this rule shall result in the following fines

1st offence -2d offence bull 3rd and subsequent offences-

$5000 per chit $10000 per chit $20000 per chit

plus the face value of each chitCredit Card in all cases

The parties agree that the above penalties are specific penalties within the meaning of the Ontario Labour Relations Act An Arbitrator shall not have the power to alter or modify any penalty imposed under this clause

(f) Drivers must accept all major credit cards approved by OJS Taxi

(g) Drivers are responsible for ensuring that all necessary information is clearly marked on charge vouchers as follows

bull Customers name and signature bull Card number (correct number of digits) bull Expiry date bull Drivers signature and car number (eg-DJ70) bull Ensure proper copies of charges are submitted to the Company for

processing bull No hand written major credit card sales drafts will be accepted

23 All cars are to be cleaned inside and out by 1000 am every day with due regard given to road and weather conditions

Collective Agreement Page44

24 All drivers must ensure that they have change for $2000 at all times and will not be removed from the sheet while getting change provided they are not called

25 No taxicab driver shall charge a passenger for

(a) The cost of proceeding to an establishment for change or

(b) Waiting time while a passenger obtains the change provided the bill presented for payment is of $2000 denomination or less

26 No vehicle to be left unattended with keys in the ignition

27 No person(s) unless authorized by the Company shall accompany the driver in the vehicle while heshe is occupied with a paying fare

28 Taxis must not be left unattended on a OJS taxi concession stand for more than ten (1 0) minutes

29 Only au~horized drivers with valid licenses can operate a taxi-licensed vehicle

30 Roof sign must be removed from vehicle when not on duty or involved in an accident

31 ALL DRIVERS ARE ADVISED THAT IT IS AGAINST THE LAW AND OJS TAXI COMPANY LIMITED POLICY TO REFUSE DOG GUIDES IN THEIR CABS REFUSAL WILL RESULT IN FINES AND DISCIPLINARY ACTION BY THE COMPANY

1st offence - 1 week suspension 2nd offence - 2 weeks suspension

3rd offence - Dismissal No longer working under the OJS roof sign

Accommodating Persons with Disabilities

The Management of OJS Taxi wishes to advise all its employees drivers and others operating under the OJS Taxi roof sign of the OJS Taxi policy with respect to blind passengers whether or not they use dog guides

Under the Blind Persons Rights Act of Ontario no person may either deny any person services customarily available to the public or discriminate against any person with respect to services available to the public for the reason that they are a blind person accompanied by a dog guide

Under the Ontario Human Rights Code every person has a right to equal treatment with respect to the supply of services which includes taxi services

Collective Agreement laquoCompanyraquo Page45

bull

without discrimination because of among other things a disability A disability includes any physical impairment such as being blind visually impaired deaf or hard of hearing

Guide Dogs and Taxi Services Many disabled persons are physically dependent on guide animals in their daily activities Canadians who are blind or visually impaired deaf or hard of hearing or who have other types of disabilities such as epilepsy are dependent on guide animals

Accommodation of these individuals necessitates that they be permitted to take their guide animals with them into taxi cabs Refusing to allow them to do so will infringe on their human rights and is against the Blind Persons Rights Act of Ontario and the Ontario Human Rights Code

This notice will simply repeat what should be apparent to you all that if a blind person with or without a dog guide is refused services by any OJS Taxi driver such actions will result in fines to the driver and other disciplinary action including the possibility of suspension by the Management of DJs Taxi Co Ltd

For more information regarding guide animals please review the attached pamphlet and information sheet published by Dog Guides Canada

Any inquiries concerning this policy should be directed to any member of the Management who will if it is required explain the policy to you

32 Drivers are not allowed in the dispatch office

33 All parking tickets will be paid by the rental driver responsible

34 In order to boost with Company owned taxicabs employees must request an obtain instruction from the garage manager or his designee on the proper method of boosting in order to reduce any risk of injury to the driver passenger and damage to the vehicle(s)

In the event of misuse employees at their discretion may be either disciplined in accordance with the principle of progressive discipline or have the option of reimbursing the Company for the cost of damaged parts

35 Any driver operating a taxi while his drivers license or taxi license is under suspension will be disciplined unless the driver can obtain written proof from the Ontario Ministry of Transport andor the appropriate taxi licensing authority that the driver did not receive evidence that hisher license was suspended or cancelled

36 When necessary or requested all elderly andor disabled customers are to be assisted in and out of taxicab at all times

Collective Agreement laquoCompanyraquo Page 46

37 No stealing fares

38 Drivers are not allowed to book no loads and run the fare

39 Drivers cannot refuse dispatched fares subject to article 1304 andor where the driver believes his safety or health is at risk

40 Failure to come to voice after two (2) requests by the Dispatch Supervisor will result in the Driver being suspended in the computer

41 Dispatch staff will not make phone calls for drivers unless it is an emergency situation

42 There shall be no personalization of any fares or trips placed through the Dispatch System of OJS Taxi except for returns east of but not including the Civic Hospital within the same twenty-four (24) hour period Where a return-call has been prearranged through the Dispatch System prior to the initial call being dispatched then the return-call cannot be personalized

43 Drivers will pay monies owed to the company by 400pm on the day that they are due No driver with an outstanding balance will be allowed to book on the sheet until their account is paid in full to the business office This means credited to their account and a receipt issued

44 Dispatchers shall give the line-up every thirty- (30) minutes except for the months of December January and February On implementation of the Computerized Dispatch this clause will be eliminated

45 All deliveries shall be given out as regular calls except where provided in this agreement and all employees shall have the option to refuse to deliver alcohol When a dispatcher requests a driver to call him for information concerning a delivery the dispatcher will first give the delivery address over the radio to ensure the delivery is being dispatched correctly

46 When drivers book out of their cars to attend scheduled complaint meeting appointments they shall be allowed to remain in their spot on the line up queue passed by for fares and treated by the dispatch as if they are no longer on the sheet

When the affected driver returns to his car and books back in he shall be returned to his position in the line up queue and given his next rightful fare

The maximum time a driver shall be allowed to book out for a complaint meeting is one half-hour

Collective Agreement laquoCompanyraquo Page 47

This rule shall only apply if the affected driver does not incur any discipline as a result of the complaint meeting

47 All cabs at DJS Taxi must have a mike clip and the clip must be used Drivers must pick up their mike when communicating

48 Drivers using vans as taxicabs must have and make use of (when requested or required) a portable step to assist passengers in and out of their vehicles

49 All taxicabs must be free of any body damage and any damage must be repaired within ninety- (90) days

50 Roof signs must be kept in good working order and condition with Company approved logo clearly visible front and rear

51 In order to ensure equipment is compatible with computer dispatch system all new radio equipment must be approved by the Company prior to installation

Collective Agreement laquoCompanyraquo Page48

SCHEDULE D CREDIT CARD POLICY amp PROCEDURES

DRIVERS MUST ACCEPT ALL COMPANY APPROVED CHARGES CREDIT AND DEBIT CARDS

DRIVERS MUST HAVE A POINT OF SALE UNIT AND A MANUAL PRINTER PER CURRENT BYLAW CITY OF OTTAWA

Due to the increased use of fraudulent Credit Cards by customers in taxicabs the following procedures have been developed to protect drivers from falling victim to Credit card fraud When accepting Credit cards the following rules must be followed

Credit and Debit Cards- the following rules must be followed

AUTHORIZATION OF ALL DEBIT AND CREDIT CARDS

All Credit Card slips must be authorized regardless of amount Verification is generally done after the fare is completed but verification of an estimated or known amount can be done prior to the completion of the trip if

bull The destination is beyond the radio coverage area bull The driver has reason(s) to suspect the validity of the card

INFORMATION REQUIRED FOR ACCEPTANCE OF DEBIT ANDOR CREDIT CARD SLIP FOR PAYMENT The completed Credit Card slip must contain all the following information

(a) Vehicle Number (pre-printed on POS slip if not to be written by hand at the bottom of the slip)

(b) Drivers ID Number and Initials (c) Amount of fare and gratuity (if applicable) (d) Authorization number (Pre-printed on POS slip) (e) Date of the fare (Pre-printed on POS slip) (f) The Debit or Credit Card must be swiped at all times (in the event that the

receipt does not print imprinting Credit Card only on manual imprinter is acceptable with customers signature but the imprint of the card number has to be clear) In the case of a swiped transaction part of the card number will display per Credit and Debit Card industry rules

(g) Customers signature clearly written (Credit Card only) marked TRANSACTION COPY We will accept the CUSTOMER COPY as long as it has the customers signature Debit POS slips are to be submitted marked TRANSACTION COPY NO SIGNATURE IS REQUIRED

Collective Agreement laquoCompanyraquo Page49

DISPUTES BY A CUSTOMER

Should a debit or credit card slip be disputed by the customer their bank or other financial institution the company will investigate If such investigation proves fraud or error by the driver the driver will be charged back for the full amount of the charge

If the disputed transaction was processed on a non-company unit a $500 plus HST charge plus the value of the charge will be debited to the drivers account The Company will refund the customer for the value of the charge

Should a customer andor driver report that the charge has been approved more than once the Company will investigate The Company does not allow any refunds in the taxicab Drivers can void a transaction but this must be done before Batch Closing the transaction A Void can only be done in the presence of the customer as the card (debit or credit) must be present The driver can then re-swipe the card for the correct amount The Company publishes a toll free number for customers or drivers to call with any concerns about a transaction If a customer has been charged more than once for the incorrect amount the following procedures apply

Credit Card

The Company will verify that the customer was charged multiple times or has been over-charged and issue a refund as necessary The Company will send a copy to the customer upon request All refunds are processed on a Point of Sale unit or Virtual Merchant (on-line) The Company may contact the driver to determine the validity of the customers details

Debit Card

The Company will verify that the customer was charged multiple times or has been overcharged and issue a cheque refund as necessary The Company keeps a copy of the cheque issued

GENERAL INFORMATIONGUIDELINES

1 If the driver has overcharged the customer and has been paid the incorrect amount the Company will adjust the drivers account and provide a receipt The Company maintains a log in the even there is a dispute by the driver or the customer If the driver reports the overcharge that is logged on a Customer Incident Form which has a Control Number

2 Hand written Credit Cards will not be accepted All Credit Cards must be passed through a manual imprinter which clearly shows the full credit card number If the credit card number is not clear and cannot be authorized

Collective Agreement laquoCompany Page 50

the driver will face debitchargeback of the amount as it cannot be authorized

3 The only Credit Cards accepted by Taxitab a division of Coventry Connections Inc are

i Visa ii Mastercard iii American Express

Note Visa Mastercard and American Express all issue prepaid credit cards these are all accepted

4 Taxitab a Division of Coventry Connections accepts Debit Cards for Canadian Financial Institutions Debit Cards for foreign banks may not

work on the unit Visa Mastercard have commenced issuing Debit Cards these are all accepted These cards are clearly marked on the face of the card with the Visa and Mastercard logos

5 The following items are to be checkedverified by the driver upon presentation of a Credit Car (a to d) Debit Card (d only)

CHECK LIST

(a) Expiry Date Ensure the card is valid Check to be sure that the Card is not being used beyond the expiry date printed on the card If the card is expired refuse to accept it

(b) Altered Cards Check to see if the card has been noticeably altered in any way If it has been refuse to accept it

(c) Card holders name and signature Check that the signature on the Credit Card slip is the same name printed on the card At the same time check that the signature is the same as the signature on the rear of the card If there is no signature on the rear of the card ask the customer to sign it as you are required to check this

If in doubt ask to see some other form of identification (preferably one with a picture and signature) that ensures that the person using the card is who they say they are

(d) Amount of fare and gratuity (if applicable) The amount of the Debit or Credit card slip must be equal to the amount of the fare and the gratuity (where applicable) Each amount should be entered in their respective places and only by the customer unless otherwise directed In the case of a Debit Card customer must always enter their PIN number to

Collective Agreement ltbullCompany Page 51

authorize the card Drivers must remind customer that the TIP field comes first followed by the PIN number

(e) $150 Surcharge

Debit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated by the City of Ottawa By-Law The $150 charge is prompted by the point of sale unit automatically The Driver receives 65cent of the $150 for every transaction

Credit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated in the City of Ottawa By-Law The $150 charge is NOT prompted by the point of sale unit automatically The driver adds the $150 to the metered amount and enters this total in the base amount field

6 CAUTIONS

7

(a)

(b)

(c)

Bank Card only have the Bank name on the card

Credit Cards are identified by the VISA MASTERCARD AMERICAN EXPRESS OR DINERS CLUB-ENROUTE symbols Only Cards with these symbols will be accepted

Credit Cards will have a holographic image on the face of the card

CASH ADVANCES

The use of Credit Cards for cash advances in the taxicab is not permitted Credit Cards must only be used in the taxicab for paying for an actual fare Anyone using a Credit Card in a taxicab to obtain cash advance is most likely using a stolen or fraudulent card

8 OUT OF TOWN FARES

For the drivers protection it is suggested that for fares going out of town and the customer wishes to pay by Credit Card it is recommended that the driver authorize the fare at the beginning of the trip (dispatcher can give an estimated amount) If there is a difference process the difference at the end of the trip There is a pre-authorization feature available for Credit Card only on the Point of Sale unit The Company can activate this on driver request but the driver must be

Collective Agreement ccCompany)) Page 52

bull

9

given correct training for this There are several steps involved with pre-authorization that must be followed before batch closing

BATCH CLOSING

Drivers must close transaction in the terminals at the end of their shift Credit Card authorizations only remain in the terminal for five (5) days after that the processor closes them automatically Drivers must batch close all credit cards no later than four (4) days in order for the items to appear on the batch close report

Batch Close reports will print separately for Debit and Credit Cards and list the details of the transactions in the terminals showing the card type and the last four (4) digits of the card involved This Batch close cannot be reprinted drivers must hold on to them Attach the slips to the Batch Close and bring to the cashier The cashier will verify the attached slips are on the batch close and proceed to pay or credit the driver assuming all slips are authorized and complete (as discussed above under (1) Authorization Procedures)

The following circumstances regarding Batch Closes will apply

(i) Batch Close with All Debit and Signed Credit Card slips- Driver will be paid or credited at time of presentation at a cashiering station

(ii) Batch Close- No Debit Slips if the batch close shows a Debit Slip and the driver has misplaced or lost the slip the Driver will be paid or credited at the time of presentation at a cashiering station

(iii) Batch Close No Credit Card Slip- No Slip No Payment at time of cashiering (driver is to go to Driver Admin in this instance) If the driver has a signed manual slip and the last 4 numbers of the card match those on the batch close the slip will be accepted by the cashier

NO BATCH CLOSE REPORT -If a Driver has lost or misplaced Batch Close report the Driver is to go straight to Driver Admin (not cashiering) The Driver is to bring the receipts (if there is a credit card slip with no signature there is a separate procedure for this below) he has for which he has not batch close Driver Admin will initiate a Batch Close Incident Report which has a Control Number for future reference The Procedure is as follows

(i) Driver Admin to Photocopy all Slips and write the Control from the Batch Close Incident Form on the photocopy and date the sheet The

Collective Agreement ccCompanyraquo Page 53

bull

bull

Driver is to keep this in the event of a dispute or apparent nonshypayment in account

(ii) Driver Admin will complete the top copy of the report attach a copy of the slips The Driver will complete the bottom part of the report and sign it

(iii) Management will need 72 hours (three business days) from the date of Incident Report to investigate the transaction has been settled in the POS unit

(iv) Providing Management confirms the transaction is complete the slips will be credited to the Drivers account and a receipt will be printed A copy of the receipt is attached to the Batch Close Incident Report The Control from the Form is entered when the the amount is credited for reference A receipt can be printed at that time by cashier

(v) In the event that a driver does not have a Batch Close and presents a credit card slip with no signature the following will apply

(vi) If the Driver experiences a problem with the Batch Close or operation of the unit the Driver is to bring the unit to the office during normal hours Management will investigate the issue and call Driver to reshyissue the unit completing paperwork for the replacement unit which the driver will sign

Any driver attempting to defraud a customer by processing a debit or credit slip more than once will be terminated

Collective Agreement laquoCompany)) Page 54

bull

bull

SCHEDULE E STOLEN FARE POLICY

Whenever the Dispatch Supervisor receives a complaint that a fare either dispatched to the complainant or from within the same block of taxi standconcession on which the complainant is parked has been stolen and the identification of the accused is made known the Supervisor shall

(a) Bring the accused to voice and notify himher of the allegations

(b) Inform the complainant that a deposit of forty dollars ($4000) must accompany his accusation and to be deposited within one (1) hour of the complaint Where applicable inform the complainant that the accused wishes to challenge the allegations and the date and time of the hearing shall be known to both parties

(c) A failure of either party to attend the hearing will result in an additional fine of forty dollars ($4000) to be paid within sixty (60) minutes of the conclusion of the hearing or a suspension ob the absent party until payment is received

(d) Inform the accused of the available options

(i) Arrange for repayment of the fare in its entirety to a minimum of forty dollars ($4000) to the complainant a Union representative or the Company on behalf of the complainant within sixty (60) minutes or

(ii) If the allegation is being denied and the accused wishes to refute it forty dollars ($4000) must be deposited at the dispatch office within sixty (60) minutes with a notification to the Dispatch Supervisor that the allegation is being challenged

Where the accused fails to respond to two (2) voice messages or refuses to comply with (c) the accused shall have dispatch services suspended until in compliance or the Company receives instructions from a Union Representative to do otherwise

The penalty for a wrongful accusation is the payment of forty dollars ($4000) to the accused by the accuser in addition to the return of the accuseds deposited payment

It is understood and agreed that the action(s) of the Dispatch Supervisor(s) in the compliance of this Policy is not to be construed as a determination of who is the guilty party In all disputes regarding stolen fares the Committee shall make the final determination with respect to guilt

Collective Agreement laquoCompany Page 55

bull

bull

Note Such fare(s) will not be considered as Stolen Fare(s) if picked up by driver(s) arriving on the Concession(s)Taxi Stand(s) prior the driver(s) who accepted the dispatched fare(s)

Collective Agreement ((Company Page 56

bull bull

APPENDIX 1

PLATE CAR LESSEE IND START LESSEE START

1 1027 5027 ADAM GRANT 1 91111986 111987

2 1015 5015 TIMS VAUGHN 411995 411995

3 1043 5043 MARTON FERENC G 10251995 10251995

4 1050 5050 DUBOIS JOHN 12111994 311996

5 1048 5048 SUNIL JOSHI 1111994 711996

6 1030 5030 SLIM MOHAMED 711996 7111996

7 1041 5041 JAMALEDDINE ZAHER 911996 911996

8 1040 5040 MAHEUX FRANK 11151996 181997

9 1109 1 5109 ASTLEY JAMES 1011994 1131997

10 1045 5045 MELHEM SAMIR 1211996 9211997

11 1028 5028 LABINE ANTHONY 10151980 11281997

12 1054 5054 ELmiddotNEMER NEMER 11131997 21271998

13 1113 5113 WEAGANT BROCK C 82211988 3131998

i

14 1039 5039 SOBH HAC HEM 11171997 5111998

15 1044 1 5044 MOUFARREJ RAYMOND 10241996 1161998

16 1042 5042 MCCONVILLE BILL 311992 11111998

17 1107 5107 GIANNAKOS LOUIS I 9111997 491999

18 1026 5026 VERMA LALIT 51261996 5311999

19 1033 5033 MITCHELL BRUCE 111987 9301999

i

20 1108 5108 PAPPAS CHRISTINE 121111991 1041999

rmiddot 1014 5014 NYTRA BEDRICH 961996 3302000

22 1000 5000 ABOUmiddotARRAG SAM I 611997 7132000

23 1038 5038 MUNROE JOHN 1111977 492001

24 1022 5022 RADULESCU GELU 611999 5232002

25 1139 5139 HASSOUN I MOUFID 71211999 8152002

26 1006 5006 SADER I GHASSAN 6211999 292004

27 1029 5029 CLAYTON GREG 911980 21132004

Collective Agreement ccCompany Page 57

bull

28 1034 5034 IBRAHIM 12301995 4302004

29 1037 5037 ABDALLA HASSAN I 3312000 2202006

30 1010 5010 HASSOUN AD NAN 8272001 312006

31 1031 MASSOUD 1241998 312006

32 1 1o35 5035 JANCO 911992 362006

1 33 1036 5036 SINGH BALWANT 92211999 3172006

Collective Agreement ltltCompanyraquo Page 58

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 4: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

NATIONAL AUTOMOBILE AEROSPACE TRANSPORTATION AND GENERAL WORKERS UNION OF CANADA (CAW-CANADA) AND ITS LOCAL 1688 01JTARIO TAXI UNION

(HEREIN AFTER TERMED THE UNION)

AND

ZIPTRACK INC TAXITAB INC AND OJS TAXI COMPANY LTD (COLLECTIVELY REFERRED TO AS THE COMPANY AND ALL MULTI-PLATE OWNERS ASSOCIATED WITH OJS TAXI HEREINAFTER REFERRED TO AS THE OWNERS GROUP AS OUTLINED IN SCHEDULE~ AND TO BE MODIFIED FROM TIME TO TIME BY THE PARTIES

AR-riCLE 3 UNION RECOGNI1-ION

301 The Company and the Owners Group hereby recognizes the Union as the sole and exclusive bargaining agent of all employees and ownershyoperatorsdependent contractors of DJS Taxi Company Limited working as taxi drivers in the City of Ottawa save and except dispatchers call takers persons above the rank of dispatchers office and clerical staff multi-carmulti plate ownerslessees and independent contractors

302 Clarity Note For the purposes of this agreement independent contractors are persons who own one licence andor vehicle but do not operate the taxicab

ARTICLE 4 MANAGEMENT RIGHTS

401 The Members of the Owners Group shall have the exclusive right to operate and manage their respective business to maintain order and discipline to promote to demote and to discharge employees for just cause

402 The Company and the Owners Group agrees that in exercising their management rights they shall be fair reasonable and consistent with the terms of this agreement

403 The rules and regulations attached as Schedule C to this agreement shall not be changed without the written agreement of the parties Any new rules must be discussed by the rules committee prior to implementation and the Union shall have the right to grieve any of the new rules that it deems middotunreasonable andor the application of any rule

Collective Agreement laquoCompanyraquo Page2

404 Present drivers and all new drivers shall be given a copy of this agreement and of the said rules and regulations so that all employees that are subject to the terms of this Agreement must know what is required of them in the general conduct of the Company and the Owners Groups business

405 Nothing in these rules and regulations shall deprive the employees of the rjght to challenge any penalty through the regular grievance procedure as outlined in Articles 24

406 Existing customs practices rjghts privileges benefits and working conditions as set forth in Schedule B shall be continued to the extent that they benefit the employee and are not inconsistent with the spirit and terms of this agreement

407 The existing customs practices rights privileges benefits and working conditions may be modified by written mutual agreement of the parties

408 The Company shall maintain promote and operate the roof sign DJs Taxi for the duration of this agreement

410 Any plate not affiliated with DJs Taxi by April 30th of any year shall not be permitted to begin operation under the DJs roof sign during the months of May June July and August of said year A list of all plates affiliated with DJs Taxi as of the 30th day of April in each year will be supplied to the Union by the 15th day of May of said year The Parties agree that the maximum number of accessible vehicles operating under the DJs roof sign shall not exceed in the following years

bull 2007 -thirty-five (35) bull 2008- fifty-five (55) bull 2009- sixty-five (65) bull 2010- seventy-five (75) bull

Notwithstanding the foregoing where the Company acquires another Taxi Company whose fleet includes accessible vehicles the above-noted numbers would be increased by the number of accessible plates operating at the acquired Company at the time of the acquisition so long as all phone numbers accounts and taxi concessions associated with that Company become part of the DJs Taxi business

411 The Company agrees that any multi-plate owner operating under the DJs roof sign that moves a vehicletaxi-plate to another Company heshe will not be allowed to return said vehicle taxi-plate to operate under the OJS taxi roof sign for a period of two (2) years except where the Company acquires another Taxi Company at which the moved plate(s) were operating

Collective Agreement laquoCompanyraquo Page3

ARTICLE 5 SOLE AUTHORITY

501 This Agreement shall be the sole authority governing the relationship between the Company and the Owners Group and the employees The signing of this agreement by the parties will render null and void any outstanding personal contracts that may have been entered into between the Company and the Owners Group and the Employees as it relates to this Collective Agreement

ARTICLE 6 UNION SECURITY

601 The Company and the Owners Group agrees that for as long as this agreement remains in force it is a condition of employment for all present employees to become and remain union members in good standing as of the date of ratification of this agreement and for all new employees to become and remain members in good standing of the Union as of their first day of hire

602 The Company shall collect from each employee such amounts as the Union shall affix each month for union dues plus any assessments that the Union may affix from time to time

603 It is the duty of the Company to ensure that each employees monthly dues initiation fees where applicable andor assessments are properly collected and recorded

604 The Company shall collect all dues including back dues late dues and initiation fees andor assessments on the employees first regularly scheduled payment day of each month and submit to the Union no later than the last day of each month a cheque representing the dues initiation fees andor assessments of each and every employee

605 The Company must by the last day of each month submit to the Union a list of names in alphabetical order or car number order of all persons paying dues initiation fees andor assessments for that month This list shall include the employees current addresses phone numbers - as supplied by said employees - and plate numbers as of the first (1st) day of the month

606 The Union agrees to give the Company one (1) months notice in writing of any changes to the prevailing Union dues any assessments or initiation fees

Collective Agreement ccCompanyraquo Page4

607 The Company upon receipt of a written request from an employee shall supply said employee with a receipt for monies collected on behalf of the Union from that employee for the previous calendar year

ARTICLE 7 CONTRACTING OUT BARGAINING UNIT WORK

701 The Company shall not contract out bargaining unit work

702 Supervisors office staff garage staff dispatchers phone staff andor any other person(s) outside the bargaining unit except for multi carplate ownerslessees shall not perform bargaining unit work

ARTICLE 8 UNION REPRESENTATION

801 The Union shall notify the Company and the Owners Group in writing of names phone numbers (if any) taxi plate number and position(s) of the persons authorized to represent the Union andor the employees for the purpose of this agreement

802

(a)

(b)

803

Further the Union shall promptly notify the Company and the Owners Group in writing of any changes in these names andor positions

The Members of the Owners Group shall provide to the Union all necessary information relating to the following matters on a current basis

A list of employees showing their names addresses and taxicab plate numbers

Employees andor their business agent with the written consent of that employee shall have access to any report complaint or personnel records at reasonable times and shall upon request be supplied with copies of the documents at said employees expense The Company agrees that any information if found to be inaccurate will be corrected

Upon the Union giving reasonable notice during business hours (Monday to Friday) the Company will broadcast notice(s) of Union meeting(s) across the dispatch system once every four (4) hours during the forty-eight (48) hour period immediately preceding the date of the Union meeting

Such announcements shall be limited to no more than twice (2) per month

804 The present notice board will be maintained and made available for the posting of messages and communications directly related to Union

Collective Agreement laquoCompanyraquo PageS

805

806

(a)

(b)

(c)

business subject to the approval of the Company whose approval shall not be unreasonably withheld

Union representatives shall be entitled to distribute Union literature at or near the Companys place of business during non-working and working hours

Upon written request from the President or Business Agent of the Union a leave of absence shall be granted to

Employees for the purpose of attending Union functions including but not limited to conventions schools seminars or other functions excluding matters arising from the administration of this Collective Agreement

Three (3) employees for the purpose of attending contract negotiations meetings with the Company

Provided that in all instances the President or Business Agent notifies the Company at least seven (7) days prior to the intended leave as it applies to (a) and in (b) as much time as possible

An employees seniority will continue to accumulate during a leave of absence and employees will not be charged any fees for up to maximum of fourteen (14) days per calendar year per employee provided such employees do not work their scheduled shifts During this period except for days of negotiations rental cars are to be parked at owners premises The following pro rated charge will apply for negotiations If negotiations end before 1400 hrs - 12 day credit If continued past 1400 hrs -full days credit to affected employees

807 Leave of absence without fees shall be granted for a period of up to one (1) year to an employee who is engaged in full-time Union activity Such leave of absence shall upon request be extended from year to year to a maximum of three (3) years

During such period(s) of absence seniority shall continue to accumulate All Owners Group equipment and licenses will be returned to the Owners Group Member(s) prior to said leave

808 All taxicabs operating within the bargaining unit may place in the right hand corner of the rear window- without interference from the CompanyshyA Union decal supplied by the Union Such decal shall not exceed four (4) inches in diameter

Collective Agreement ccCompanyraquo Pageamp

809 Union representatives or stewards shall be entitled to book off the dispatch system and leave their work during working hours in order to carry out Union business as they may be advised by the Union

ARTICLE 9 DISCIPLINE AND DISCHARGE

901 No employee shall be disciplined or discharged without just cause

902 The Company andor Owners Group shall provide the Driver and the Union with written notice(s) of any discipline taken against a driver of the bargaining unit within thirty (30) business days of the incident giving rise to the discipline except for creditdebit card andor taxi chit fraud which shall be within sixty (60) business days of the incident giving rise to the discipline or the penalty will be null and void and further except where if the driver has been charged with a criminal offence and this comes to the attention of the Owners Group within six (6) months of the incident

903

904

905

(a)

By mutual agreement of the parties a minimum of one day per week shall be scheduled for the purpose of investigating complaints or allegations which may result in discipline to a driver A shop steward or Union representative shall be in attendance Notwithstanding the foregoing the Company or the Owners Group may initiate an investigation at any time if either deems the issue to be of a serious nature Should the investigation involve an interview of a driver the driver shall be entitled to Union representation

A driver is a probationary driver until he has worked for three (3) months under the DJs roof sign During this probationary period the driver would be working on a trial basis and be disciplined up to and including discharged at the sole discretion of the Company provided that the Companys decision is not arbitrary discriminatory or in bad faith as per Article 1 0 of this Agreement

Discipline shall be applied middotuniformly and disciplinary measures shall be appropriate to their cause(s) and subject to the principle of progressive discipline middot

The Owners Group agrees not to enforce Municipal Provincial or Federal Laws unless related to vehicle or public safety or to customer service

A grievance concerning a discharge of an employee shall commence at Step 2 of the grievance procedure within six (6) working days of the event

Such grievance may be settled by Confirming the action of the member of the Owners Group or

Collective Agreement ccCompanyraquo Page7

906

907

908

(b)

(c)

(d)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

Reinstating the employee with no loss of seniority andor with compensation as may be determined by the parties or

By any other arrangement which may be deemed just and equitable or

By proceeding to Arbitration in accordance with Article 25

No person shall have their dispatch services curtailed or suspended without just cause In the administration of this clause drivers shall complete the shift except

Where they or their vehicle is a danger to the public

Where they have not fulfilled their monetary obligations to the Owners Group or the Union

Or where their vehicles are required for garage service

When the taxi is dirty either inside or outside or both (car wash)

When the taxi driver has stolen a fare

When the taxi driver is not properly dressed

When the driver is intoxicated andor on illegal drugs

Employees shall have the right to have Union representation in meetings with the Company relating to discharge or discipline of that employee If a Union representative is unavailable for a scheduled meeting between the Company and that employee the meeting will not go ahead as planned

Disciplinary actions and adverse reports of an employee shall remain on said employees file for a period of one (1) year from the date of the offence No disciplinary proceedings against that employee shall be used after one (1) year except for disciplinary records involving sexual harassment assaults or refusal of a Guide Animals which shall remain on file for four (4) years from the date of the discipline

The Company is prepared however to review all driver files and have discussions with the Union with respect to those drivers who have had repeated problems

909 Employee(s) under suspension shall not pay any cab-rental or stand rent commencing on the fourth (4th) day of suspension and shall not pay plate rent commencing the beginning of the fourth (4th) week of suspension A

Collective Agreement laquoCompanyraquo PageS

suspended employee shall not be entitled to operate on any Company taxi stand while under suspension

ARTICLE 10 NON-DISCRIMINATION

1001 The Owners Group shall not discriminate against employees with respect to terms and conditions of employment on any of the prohibited grounds named in the Ontario Human Rights Code or on the grounds of union activity

1002 There shall be equal opportunities regardless of sex in all facets of the Company and the Owners Group business governed by this agreement

1003 No employee shall be required to retire on the grounds of age

ARTICLE 11 STRIKES LOCKOUTS PICKET LINES AND LABOUR DISPUTES

11 01 There shall be no strikes or lockouts so long as t~1is agreement continues to operate The word strike and the word lockout shall be defined in accordance with the definitions set out in the OLRA 1995 as amended

1102 Employees in the bargaining unit shall have the right to refuse to cross a picket line andor refuse to handle struck work in connection with a labour dispute

11 03 Failure to cross a picket line or handle struck work shall not be considered grounds for disciplinary action or otherwise be a violation of this agreement

1201

(a)

ARTICLE 12 DISPATCH

The Company shall supply maintain and operate a computerized dispatch system to provide fair and equal distribution of all calls trips or parcels received by the Company Computers in vehicles shall be serviced and maintained in working condition by the Company as the need arises

1202 The Company shall ensure that all requests for taxicab service are dispatched through the dispatch system of the Company and shall only be dispatched to licensed taxicabs in an equitable manner as determined by the terms of this agreement

Collective Agreement ccCompanyraquo Page9

1203 The Company agrees that the geographic locations of the stands which shall include backup stands shall be outlined in APPENDIX 1 and attached to this agreement Modifications can be made from time to time with the written approval of the parties

1204 The Company agrees that the current phone number (613) 829-9900 shall be used offered andor advertised for the dispatch of taxicabs operating under the Companys roof sign The Company further agrees that the telephone number (613) 829-9011 shall continue to be used for the dispatch of taxicabs operating under the DJs Taxi roof sign The parties agree that this latter telephone number shall not be advertised for DJs Taxi Co Ltd middot

1205 middot1n cases of abuse of the cheater switch the Union agrees that computer records of call-backs shall be prima facie proof of the abuse alleged by the Company Nothing herein shall be construed to condone or permit the use of the cheater switch Violations of this sub-article shall be considered grounds for discipline

1206 All requests for non-metered taxi service or other special taxi services shall be distributed in a fair and just manner

1207 Dispatchers phone staff and supervisors shall not dispatch any call or trip to any driver or on behalf of any driver by means of a pager or other similar communications device including but not limited to telephones with the exception of Para Transpo runs which shall be distributed in accordance with Appendix 3

1208 The Company shall ensure that there is no preferential treatment to any individual in respect of taxi dispatch services

1209 The Company shall employ a sufficient number of trained staff to serve the business in an efficient and expeditious manner

1210 When the Company dispatches a fare to an address that is different from the stated address of the caller the Company shall pay twenty dollars ($2000) to the driver dispatched

1211 The Company shall ensure that no derogatory remarks andor profane language is directed by the dispatchers and phone staff to drivers and vice versa The Company shall ensure that dispatchers and phone staff perform their duties in a polite businesslike and courteous manner at all times

1212 When a cancellation is received through the computerized dispatch system within the lead time of the Zone of the original call being placed

Collective Agreement laquoCompany)) Page 10

and the telephone number given at the time of the cancellation matches the telephone number given at the time of the request for the taxicab andor when a vehicle is dispatched to a non-existent address that is confirmed by the dispatch Supervisor the vehicle sent to that address would be placed in the first available position in the priority queue (given a No load)

bull No Load Priority Cancellation Local Incomplete Address

1213 In the event of a failure or malfunction of the computerized dispatch system the Company agrees that after a maximum of ten (10) minutes the addresses of the calls waiting will be made known to the drivers by voice In the event the server(s) is down for longer than twenty (20) minutes the Company must credit every driver in the bargaining unit an equal amount using the following formula five hundred dollars ($50000) divided by the total number of drivers in the bargaining unit to a maximum of two (2) crashes per month The Company will be entitled to two (2) downtime occurrences per month for upgrading and maintaining dispatching software and call centre hardware The Company agrees to notify the Union of the time and date of any organized shutdown The Company shall use its best efforts to have the shutdown during non-peak hours

1214 The Company agrees that dispatchers shall co-operate in every way possible to aid an employee who reports himself in danger The dispatcher shall not assess for himself the degree of urgency in any distress call and shall utilize nearby taxicabs andor police to provide aid

1215 (a) Time Calls

Time calls are prearranged calls Pre-arranged fares going to the Airport Train or Bus Station or downtown will also be considered a time call Time calls will be dispatched fifteen (15) minutes prior to the requested time to the first car booked on the corresponding stand

Out of town fares are calls reserved at least one ( 1) hour prior to the requested time It must have an estimated destination exceeding 100 kms or be on the middotflat rate sheet These fares will be dispatched forty-five (45) minutes prior to the requested time

The dispatcher may increase lead-time for time calls or out of town calls if weather traffic road conditions or the distance to locations warrant it

Collective Agreement ccCompanyn Page 11

(b) No information will be given out by the dispatch staff concerning fares coming into the Company office except for requests concerning the number of time calls to be dispatched between the next time period of 330 am - 630 am Dispatchers shall upon request inform the driver of the number of time calls to be dispatched during the next time period of 330 am - 630 am Dispatchers shall not give out any information with reference to the location of any time calls

1216 It is agreed that any concessiontaxi stand fares must be dispatched to drivers booked on the sub zones If no drivers are booked on the sub zone the fare will be dispatched as a regular fare If no drivers are booked on the zone the fare will be displayed on the main zone only as a fare waiting

1217 Attributed Call

These are calls where a special circumstance is made known to the Callshytaker and drivers are not forced to accept

Attributed calls shall include calls originating from the following locations or where the special circumstance indicated is made known to the phone staff

1 Bars -(except those listed as Messages) 2 Parcels 3 Wheel Chairs 4 Animals -(except guide animals) 5 Bicycles 6 Moving Jobs 7 Station WagonsNans 8 Boosts 9 No-Van Calls

Calls originating from the following addresses will be sent out as messages however should there be a Call-back for any of these addresses the Call-back shall be dispatched as a Local to the first car booked on the appropriate Zone

(a) OConnorsAMC Theatres (Kanata Centrum)

(b) Vox LoungeCock amp Bull (Bells Corners) (c) Park n Rides

(i) Baseline Station (ii) Fallowfield Station

(d) Grace OMalleys (Merivale and Capillano)

Collective Agreement ccCompanyu Page 12

1218

(e) (f) (g) (h) (i) (j)

Sergeants Pump (Merivale Rd) Coliseum Theatres Bayshore Transit Eagleson Transit Station Kanata Town Center Terry Fox Transit Station

For the purpose of article 1224 the following hours are considered peak periods

(i) During the months of November December January and February Mon - Fri 700 AM - 500 PM Thurs - Sat 500 PM - 300 AM New Years Eve 500PM-500AM New Years Day

(ii) During the months of March April and October Mon - Fri 700 AM - 300 PM Fri amp Sat 11 00 PM - 200 AM

(iii) For Canada Day 400 PM - 200 AM for

Christmas Day New Years Day (except as outlined above) Good Friday Easter Monday and Thanksgiving Day are exempt from the above

1219 Fares originating in the City of Ottawa and any other points west of Ottawa including Richmond Ontario shall be dispatched to the first taxicab appropriately booked on the corresponding stand

1220 Weather permitting there should never be a call back from customers due to the late arrival of a cab All fares accepted must be serviced without delay All stands will have a maximum response time limit of fifteen (15) minutes Phone personnel will tell customers that the cab will arrive within 10-15 minutes please be ready

Should the Company receive a Call-Back after the lead-time of a dispatched fare discipline shall be applicable to the affected driver(s) as follows

(a) 1st Offence First written warning and a fine of $2000 will be imposed and collected by way of the drivers account

(b) 2nd Offence Second written warning and a fine of $3000 will be imposed and collected by way of the drivers account

(c) 3rd Offence- Third written warning and a fine of $5000 will be imposed and collected by way of the drivers account

Collective Agreement ((Companyraquo Page 13

(d) 41h Offence- A final written warning and fine of $7500 will be imposed

and collected by way of the drivers account

(e) 5th Offence- Dismissal

Monies collected shall be used to appease dissatisfied customers and to advertise the DJs business

1221 Locals I Freebies

1222

1223

1224

a) b) (c)

These are calls that are dispatched to the first car booked in a Zone (Stand) and the driver accepting said call has a maximum of thirty 30) minutes to complete the call and rebook on the same stand the call was dispatched from in order to be placed in the first available position in the priority queue

Locals shall include calls originating from the following locations

Major shopping centres Groceries A list consisting of a maximum of five 5) addresses

When being dispatched on the Computerized Dispatch System Fare Waiting shall mask all calls or trips for the duration of this Agreement

No calls trips or parcels shall be dispatched on voice except where provided in this Agreement

In recognition of the fact that the Company operates a multi-fleet dispatch operation the Company and the Union agree that the staffing levels of the dispatch operation to service the DJs fleet shall always be no less than one (1) call taker and no more than middotfive 5) call takers One (1) call taker shall always have priority to respond to DJs calls with the balance of the call takers having secondary priority on a cascading basis To address any problems arising from dispatch issues the parties agree to establish a Dispatch Committee of equal representation to meet at mutually agreeable time frame upon request of either party within fifteen (15) days of notice being given by either side Issues may include but not restricted to hardware software or manpowerstaffing The Parties agree to address any such issue in an expeditious and fiscally responsible fashion

When the DJs fleet reaches one hundred and thirty (130) taxi cabs the Company shall add a second call taker having priority to respond to DJs calls but only during peak periods When the DJs fleet reaches one

Collective Agreement laquoCompanyraquo Page 14

hundred and sixty (160) the Company shall increase the number of call takers to two (2) having priority to respond to DJs calls at all times

1225 A list of persons and addresses owing money to drivers for fares not paid shall be compiled by the Company and kept in the dispatch office at all times No requests for taxicabs or specialty services excluding school and contract runs shall be dispatched to these persons andor addresses until the monies owing are paid

1226 Dispatchers phone staff and supervisors shall not remove falsify alter any request for taxicab service placed with DJs taxi dispatch service

1227 The Company shall ensure that dispatchers phone staff or supervisors shall not accept money or other forms of favour or inducements from any person where the objective of such payment is the granting of preferential treatment to any individual in respect of dispatch services

1228 When a call back is received after the lead time of the call in question the dispatch supervisor will send two 2) voice messages at least one (1) minute apart for the driver to come to voice If the driver fails to respond the call will be re-entered as a local call and if said driver is booked into the system heshe will be suspended until there is a response Drivers failing to go on or being late on their calls will be further disciplined in accordance with progressive discipline

1229 The Company shall discipline any driver who assigns a dispatched fare to another driver

1230 (a) The discipline or discharge of a driver who has completed hisher probationary period shall be grievable in accordance with Article 24 of this Agreement The Company agrees that it shall apply the principle of progressive discipline However the Company reserves the right not to apply the principle of progressive discipline for certain offences based on their severity

(b) The Company shall discipline any driver as follows for the specific offences listed below

i) Assigns or redirects a dispatched fare to another driver operating under the OJS roof sign as follows

a) 1st offence- 1 shift b) 2nd offence- 2 shifts c) 3rd offence - 3 shifts

Collective Agreement laquoCompanyraquo Page 15

(ii) Cancels a fare already inputted into the Ziptrack Dispatch System as follows

(a) 1st offence- 1 shift (b) 2nd offence - 2 shifts (c) 3rd offence- 3 shifts

(iii) Telephones the Ziptrack Dispatch System with an illegitimate call as follows

(a)

(b)

(c)

1st offence - 2 shifts and $2500 to the affected driver pajable by the offending driver 2n offence - 4 shifts and $2500 to the affected driver payable by the offending driver 3rd offence - termination of employment

(iv) Assigns or redirects a dispatched fare to another driver operating under another roof sign as follows

(a) 1st offence- termination of employment

For purposes of this provision one (1) shift is a period of twelve (12) consecutive hours for a twelve (12) hour driver and twenty-four (24) consecutive hours for a twenty-four (24) hour driver

1231 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical break down emergency or any other reason(s) not herein listed the dispatcher shall re-dispatch the fare and suspend the driver for one (1) hour

1232 Definitions

Accessible call means a valid request for an accessible taxicab by a person with a wheel chair or is otherwise defined by any statute or regulation thereof

Accessible Driver means a driver who is qualified to drive an accessible taxicab under the applicable By-laws of the City of Ottawa

Accessible Plate means a licence for an accessible taxicab that is issued to a person who has qualified to hold an accessible licence under the applicable By-laws of the City of Ottawa

Collective Agreement laquoCompanyraquo Page 16

middotAccessible Taxicab is a taxicab which is designed to accommodate one or more individuals who require the use of a wheelchair without the need to transfer the individual from the wheelchair which vehicles are otherwise subject to federal and provincial legislation applicable to the transport of Physically Challenged Persons and in respect of which an accessible plate has been issued

Attribute means in respect of a vehicle the association with that taxicab in the Ziptrack dispatch software system of a special feature (or restriction) for that vehicle required for specific types of fares

Call means a request for taxi service received by Ziptrack by a telephone call to the DJs Taxi number 829-9900

Cover or Covered as applicable to a fare means there-dispatch of a previously accepted fare at the request of the accepting driver for valid reason (mechanical breakdown accident or other emergency) in accordance with normal dispatch procedures

Taxi Stand means a space on private property for taxicabs operating under the DJs Taxi roof sign specified under an agreement between Coventry Connections Inc or Ziptrack Inc or a space specifically designated as a taxi stand from time to time on a public street or other public space by the City of Ottawa

Accessible Vehicle Dispatch

(a) It is agreed that calls placed through the dispatch system for an accessible taxicab shall be dispatched only to accessible taxis defined by the dispatch system as an Attribute Where there are no accessible taxicabs booked into the dispatch system and available to accept a call such call shall be displayed as being available on the fare broadcast screen

(b) An accessible taxicab may be dispatched as a standard sedan taxicab at anytime that it is not dispatched on an accessible fare An accessible taxicab shall not be given priority for any type of fare other than an accessible fare An accessible taxicab shall be booked off all zones when any fare is accepted or rejected

(c) The driver of an accessible taxicab is not authorized to reject an accessible fare if he is booked on the dispatch system or is in a queue at a taxi stand or company concession Failure to accept an accessible fare shall be deemed a rejection of an accessible fare and shall be subject to discipline

Collective Agreement ccCompany Page 17

1301

1302

1303

1304

(d) In the event that a driver of an accessible taxicab who has accepted an accessible fare requests to be covered and where such request is granted the driver shall be booked off the dispatch system for a minimum of one (1) hour or until the fare is covered

(e) The driver of an accessible taxicab that rejects or is deemed to have rejected an accessible fare under paragraph (c) above shall be booked off the dispatch system until one ( 1) hour after the accessible fare has been accepted and or service (the record of which not withstanding sub-Article 908 of the Collective Agreement shall be kept for five (5) years

(f) All accessible calls shall be masked by ACCESSIBLE FARE WAITING

(a)

(b)

(c)

(d)

(e)

ARTICLE 13 EMPLOYEES DUTIES

All employees shall perform their duties in a business like professional and courteous manner and shall not use abusive language on the air to customers or to Owners Group Staff

All employees shall be neatly dressed well groomed neat and clean in personal appearance

All employees shall give a receipt on the authorized form of the Owners Group showing the date car number and drivers name when requested to do so by the passenger or whenever there is a dispute over the fare

Subject to the above and except when he has a previous engagement ttle employee shall serve the first person requiring the service of his taxicab except when the prospective passenger

Is disorderly or abusive or poses a health or safety risk In cases of disputes involving intoxication andor health and safety risk and while the well being of the driver is of paramount importance extreme caution and sound discretion must be exercised prior to any refusal At all times the nature of the business that being a service Industry must be borne in mind so each and every situation must be measured on its own merit by the driver

Is in possession of an animal other than a Guide Animal or

Refuses to state his final destination upon entering the taxicab or

Has not paid a previous fare or

Refuses to pay in advance for flat rate out of town trip(s) or

Collective Agreement laquoCompanyraquo Page 18

(f)

1305

1306

1307

1308

1309

(a)

(b)

(c)

Has called two (2) cab companies for the same fare

In the event a driver discovers a lost object in the taxicab he shall immediately advise the dispatch supervisor of his findings with a description of the object an approximate idea of who might have left said object along with the pick-up and drop-off addresses of the customer if possible

Within twenty-four (24) hours of an objects discovery the driver shall take said object to the nearest Ottawa police station or to the Ziptrack Inc dispatch office at no cost or when directed to do so within the above mentioned twenty four (24) hours A receipt for said object will be issued if requested

Subject to Article 1305 should the customer wish the immediate return of the lost object the dispatcher shall notify the customer of the approximate metered cost of return from the location of the driver at that time and the employee shall return the object immediately to the customer at the standard metered rate

No employee shall be forced to violate a Municipal Provincial or Federal Law or regulation in the performance of ~1is duties

The Company shall provide the drivers with a list of all current flat rates Upon any changes to said list a new list shall be issued within thirty (30) days following such changes

No person(s) who will be driving under the DJs roof sign except for rehires who have been absent for less than three (3) years shall be hired or permitted to commence employment until

Heshe has successfully passed the test which the Company shall devise and administer with regard to the operation and knowledge of the taxi related Industry Said test shall include but not be limited to the knowledge of the Ottawa-Carleton area but with an emphasis on the areas directly affected by this collective agreement

Orientation by the Operations Manager or his designee on the DJs Taxi charge system

Heshe has been given a six (6) hour in-car training session This session will comprise of accompanying the prospective employee for a period of six (6) hours to learn the stands customer relations specific to DJs Taxi two-way radio booking practices and a general familiarization with the DJs environment The cost associated with this in-car training session shall be

Collective Agreement ccCompanyraquo Page 19

$10000 and said cost shall be borne by the prospective employee Failure to pass any portion of this test shall result in a fourteen (14) day waiting period before the applicant will be allowed to re-do the portion(s) of this sub-article which heshe has failed The cost associated with re-doing a) or c) will be $5000 while re-doing both would be $10000

During this waiting period the applicant will not be allowed to operate under the DJs roof sign No person operating a taxicab under the DJs roof sign will be assigned any duties associated with this sub-article

Tests are given on the first and third Mondays of each month on a first come-middotfirst serve basis by appointment Failure to attend for a scheduled date and or time will result in the forfeiture of the appointment and a new date will be booked on a first available basis only

ARTICLE 14 TECHNOLOGICAL CHANGE

1401 Technological Change means but is not limited to the introduction of changes to the present systems the introduction by the Company of additional radio channels computerized dispatching systems or any other mechanical electrical or other system including but not limited to fuel systems at no cost to the drivers

1402 In the event of any technological change the Company shall notify the Union in writing at least ninety (90) days before the introduction of such changes unless prior discussions with the Union have occurred

1501

1502

1)

2)

3)

ARTICLE 15 SENIORITY

Seniority shall be applied in determining layoffs preference for time off and recall from lay off as set out in other provisions of this agreement

Prior to being offered employment an individual shall be required to present to the Member of the Owners Group and the Company all relevant documentation namely

Valid Ontario or Quebec Provincial drivers license with a current provincial driving record with no more than six (6) demerit points at such time and if applicable has been pardoned for any prior conviction for impaired driving

Applicable Taxi Drivers License

Original copy of a Motor vehicle drivers abstract no older than twentyshyeight (28) days

Collective Agreement laquoCompanyraquo Page 20

4) Letter from previous or present insurer (where possible)

5) Work permit if applicable

6) Proof of Union membership

7) Social Insurance Numbercard or verification from appropriate federal government department of such number

8) A clear Police Criminal Record check no older than twenty-eight (28) days

9) Training as set forth in 1309

The above requirements do not apply to a driver who changes status or moves between Members of the Owners Group or Single Plate Owner or Single Plate Lessee provided the driver does not go more than thirty (30) calendar days without being registered on a taxicab except by reason of a proven medical illness Requirement 9 above does not apply to a driver who had previously driven under the DJs Taxi roof sign within the previous twelve (12) months Nevertheless each driver is required to register such changes with the Company To facilitate the drivers ability to register such changes the Company office shall be open from 830 am to 200pm daily except Saturday Sunday and Statutory Holidays

1503 The Owners Group shall recall laid off employees in the reverse order of lay-off

1504 A driver injured or ill should notify the Company and the Union within two (2) weeks of his absence and should arrange to provide a detailed mediqal certificate as evidence of injury or illness and an estimated time of return signed by a doctor in order to preserve his seniority Only an employee returning from an absence of eighteen (18) months or less due to injury or illness shall be returned to his previous vehicle provided that said vehicle is still working as a taxicab if it is not he shall be returned to another vehicle on the same shift he had prior to his injury or illness

A driver replacing another driver who is on sick leave shall be notified of his status by the Owners Group and the Owners Group shall notify the Union of all details

An employee returning within 30 days from an absence due to injury or illness shall be returned to his previous vehicle provided said vehicle is still working as a taxicab and if it is not heshe shall be returned to another vehicle

Collective Agreement laquoCompanyraquo Page 21

1505

(a)

(b)

(c)

(d)

An employee returning to work after thirty (30) days but less than eighteen (18) months from the commencement of hisher injury or illness shall be returned to work displacing the most junior driver driving with the individual member of the Owners Group

Clarity Note (i) A twelve (12) hour driver returning from illnessinjury shall be returned to a twelve (12) hour shift car by replacing the most junior driver driving Should the most junior driver be driving a twenty-four (24) hour car heshe would then be offered the shift remaining after the returning driver has chosen

Clarity Note (ii) A twenty four (24) hour driver returning from illnessinjury would replace the most junior driver and assume hisher shift

Clarity Note (iii) Returning employees shall be given the first available car corresponding to their previous shift

An employee shall lose seniority and as such will cease to be an employee upon

Voluntarily quitting or resigning

Being discharged for just cause and not having been reinstated through the grievance or arbitration procedure

Failing to rent an available vehicle when duly notified of same while on layshyoff except or for certified medical reasons

Being laid off being without a valid work permit or being without a valid Provincial drivers license or appropriate Municipal taxi drivers license for a length of time equal to that employees seniority or twelve (12) months whichever is less

ARTICLE 16 COMMITIEES

1601 A UnionManagement committee shall be appointed consisting of up to three (3) representatives from the Union and up to three (3) representatives from the Company This committee shall meet every six (6) months for the purpose of discussing matters of mutual concern

1602 A safety committee consisting of at least two (2) representatives of the Union and two (2) representatives of the Owners Group shall meet at a mutually agreeable time frame upon the request of either party within thirty (30) days for the purpose of discussing matters of mutual concern Minutes will be kept of each meeting

Collective Agreement laquoCompany Page22

1603 A rules committee consisting of up to three (3) representatives of the union and of up to three (3) representatives of the owners group shall meet at a mutually agreeable time frame upon the request of either party within thirty (30) days for the purpose of negotiating changes to existing rules and for discussing any new rules prior to their implementation

1604 To address advertising the parties agree to establish an Advertising Committee of equal representation to meet at mutually agreeable times upon request of either party within fifteen (15) days of notice being given by either side The Committee shall be responsible for a budget of $2625000 over the term of this collective agreement which sum shall be spent to advertise and promote the DJs business

The parties must agree when and how the advertising will be allocated However the parties agree that advertising would include

bull Flyers bull Newspaper Ads bull Promotional Items (eg fridge magnets) bull Radio

ARTICLE 17 SAFETY AND HEALTH

1701 It is understood and agreed that driver safety is important to the individual employee and to the industry as a whole The Owners Group and employees agree to exercise their rights and to fulfil their obligations in accordance with this understanding The Owners Group will continue to encourage and welcome safety recommendations for the safety and health of drivers during their working hours

1702 The employer shall supply only safe and roadworthy vehicles and the equipment contained therein and the vehicles themselves shall be maintained in good working order Each rental vehicle shall meet the mechanical fitness standards as defined in Provincial legislation

1703 The Company agrees to pay the premiums to an insurer chosen by the Company to provide term life insurance coverage in the amount of ten thousand dollars ($1000000) for all employees provided that the affected employee has a minimum of one (1) year seniority under the DJs Taxi roof sign and is actively working on the day he attains this one ( 1) year seniority

All claims and payments shall be in accordance with the terms of the master policy of the insurer and the Company shall not be liable for any

Collective Agreement laquoCompanyraquo Page 23 middot

bull

non payment by the Insurer This insurance coverage will not be provided to any driver who is 65 years or older at any time during this agreement

The Company shall aid in collecting monies by allowing a cash donation box to be set up at their office for driver(s) involved in serious accidents The Company shall not be responsible for said box

1704 The Company shall supply a safety shield for the company owned rental vehicle when requested by that driver

All rental drivers who request a shield must continue to operate on a vehicle that is equipped with a safety shield so long as said driver is operating under the DJs roof sign provided one (1) is available Company rental drivers working with a shield shall have the option of refusing to operate any spare rental vehicle not equipped with a safety shield However once a driver accepts a spare rental vehicle not equipped with a shield he will be deemed to have given up his right to exercise this option on the same shift

ARTICLE 18 WORK WEEK

1801 The Owners Group agrees that the employees shall determine their work week subject to the provisions of this agreement

1802 The Owners Group agrees that the work week shall be based on seven (7) days

1803 Rental drivers shall pay their weekly rental over six (6) days and have the use of the vehicle for seven (7) days

1804 Stand rents for car owners shall be calculated weekly paid monthly or weekly at the discretion of the employee but limited to one change in the payment structure per calendar year Any reduction is to be calculated on a weekly basis and there shall be no reduction given for anything less than seven (7) consecutive days off except where provided in this agreement

1805 Shifts shall be mutually agreed upon by the partners on the vehicle and in case of dispute shifts shall commence at 400am and 400pm The change-over location shall be mutually agreed to by the partners on the vehicle and in case of dispute change over shall be at the Companys office

ARTICLE 19 STATUTORY HOLIDAYS

Collective Agreement laquoCompanyraquo Page 24

1901 (a)

(b)

All rental drivers (12 amp 24 hours) of the Owners Group shall be entitled to the following days off provided that they have worked more than three (3) consecutive months under the Companys roof sign

All single plate owners (SPO) and single plate lessees (SPL) shall be entitled to the following days off provided that they have completed three (3) months of service under the Companys roof sign and they shall not be charged plate rent or stand rent for said statutory holidays

Employees meeting the criteria outlined in (a) and (b) above shall be given credit for said days whether they choose to work or not Credits for statutory holidays shall be given at the time that payment is made for the period covering the day of the holiday

New Years Day Family Day Good Friday

Victoria Day Canada Day Labour Day

ARTICLE 20 TIME OFF

Thanksgiving Day Christmas Day Boxing Day

2001 All rental drivers (12 amp 24 hours) shall be entitled to four (4) weeks annual time-off

All single plate lessees (SPL) shall be entitled to five (5) weeks annual time-off for which they shall not be charged stand rent for time-off taken During said time-off heshe shall not be charged plate rent for the first four (4) weeks

All single plate owners (SPO) shall be entitled to seven (7) weeks annual time-off During this period they shall not be charged stand rent

SPOs and SPLs outlined above will be granted their requested time-off entitlement provided they have no balance owing and provided that a minimum of one (1) week written notice is given to the individual Member of the Owners Group (MOG) and the Company and provided further that said drivers have a minimum of one (1) completed year of uninterrupted service under the Companys roof sign

In cases of accidents and major breakdowns involving SPO and SPL no notice period will be required for time-off and credits for such time-off will be based on daily increments

Where a SPOor a SPL has used all hisher allotted time off and said SPO or SPL has an accident or major breakdown heshe will be given up to a maximum of ten (1 0) additional days of time off and during said time

Collective Agreement laquoCompanygtbull Page 25

heshe shall not be charged any stand rent subject to proof of inoperability of the vehicle being provided

In the case of SPOs and SPLs extended time-off will be allowed for overseas trips All rents must be paid in advance to cover the time off for the extension

Explanation Car owners time off is only when the car is off the road If the SPO or SPL puts a driver on the car it is not considered part of this time off

2002 Single plate owners and single plate lessees will be responsible for arranging for time off for their drivers

2003 Time off may be taken weekly or bi-weekly at the employees discretion Provided further where the employee has taken a minimum of one (1) week heshe may take additional days) of less than weekly increments) in conjunction with the one 1) week

2004 Time off must be taken during the calendar year and cannot be accumulated over more than one calendar (1 year

2005 The MOG SPL and SPO agree that roof signs taxi plates and all other items (computer equipment will remain with the Company during the employees time-off and in the case of rental drivers the rental vehicle will be returned to the vehicle owner

ARTICLE 21 INSURANCE

21 01 Every car owner has the right to obtain insurance from the broker or Company of their choice without interference from the Owners Group

2102 The Owners Group shall upon written request from an employee who is presently insured by a member of the Owners Group provide written details of claim settlements and accident records

2103 The Company shall provide at no extra cost motor vehicle insurance coverage with collision provision deductible not exceeding $75000 or the cost of repair whichever is less for each at fault accident

21 04 The Company shall provide at no extra cost comprehensive coverage with zero deductible including but not limited to middotfire and theft It is agreed and understood that comprehensive coverage does not cover driver owned equipment

Collective Agreement Page26

21 05 The Company shall provide accident benefit coverage as set out in the OAP 1 of the Ontario Automobile Insurance Act and shall abide by the guidelines and statutory conditions as set out by the Insurance Company with whom the Company is insured

2106 With respect to Articles 2103 2104 and 2106 above which applies to accessible shift vehicles only) the Companys obligation is to provide insurance coverage only Any determination of whether a driver is entitled to insurance benefits andor whether a claim shall be paid or denied in any given situation shall be the sole and exclusive responsibility of the Insurance Company

2107 A driver who is insured through the Company shall provide the Company with a Motor Vehicle Drivers Abstract one month before the annual renewal of the Companys insurance policy A driver shall provide additional Motor Vehicle Drivers Abstracts as requested by the Insurer

21 08 The Companys insurer may judge a driver to be a high risk and may assess a surcharge accordingly A driver who is found tomiddot be a higher risk will bear the cost of any such surcharge

21 09 A driver insured by the Companys insurer who is involved in an accident shall regardless of whether he or she was at fault notify the dispatcher immediately The driver shall indicate whether the accident should be reported to the police and whether the customer or driver require medical attention Following notification of the dispatcher the driver shall remove the roof sign from the vehicle and record to the best of his or her ability all relevant information The driver shall bring the relevant information to the office within 24 hours of the incident excluding weekends and holidays)

2110 Drivers are responsible for the replacement of all lost or stolen antennae andor roof signs

2111 The Company shall pay the full El payments for all rental drivers In the event of an increase in the premiums during the life of this Collective Agreement drivers shall pay the drivers share of the increase

2112 All drivers who are insured through the Company obtained insurance must sign the Companys insurance agreement prior to commencing work The Company shall provide insurance agreements with no more than a $75000 deductible to be paid after the accident The amount shall be paid at the rate of $1000 per shift until fully paid

Collective Agreement ((Companyraquo Page27

ARTICLE 22 TAXI PLATE SALES

2201 1 Members of the Owners Group shall be able to sell plate(s) in the following manner

2202

(a) A notice of its intent to sell plate(s) shall be posted and announced over the dispatch system for a period of three (3) days and shall be offered to the lessees and rental drivers in the bargaining unit

(b) Where there is more than one interested applicant the plate(s) shall be offered based on seniority and plates sold shall be the plate of the most junior lesseedriver

Where the sale will result in the layoff of a driver that driver shall be recalled prior to any new hires by all Members of the Owners Group

2 Where there are no applicants the Member of the Owners Group will sell the last leased plate at their discretion Any driver laid off shall be recalled prior to any new hires by all members of the Owners Group

3 Sale of More Than One Plate at One Time

4

5

The Owners Group has the right to sell to whomever they choose provided that no one is displaced

In the event that the most junior lessee is displaced as a result of the sale of the plate the Company agrees to pay to the displaced lessee no more than fifty-five thousand dollars ($5500000) in the first year of this Agreement and according to the succession plan as outlined in article 23 for the following years of this Agreement This would apply only if the said lessee has complied with the succession plan as per article 23

An individual Member of the Owners Group shall not require any of his drivers to give up their rights under this Agreement and work under another roof sign without the drivers written consent given before a Notary Public for Ontario The Union shall be supplied with copies of the consents

In the case where a Member of the Owners Group is leasing a taxi plate and the Member of the Owners Group has a car under this plate and this vehicle is then rented out on a 12 or 24 hour rental this article then does not apply The Owners Group cannot be held responsible for any damage or compensation that may arise from the actions taken by the 3rd party

Collective Agreement laquoCompanyraquo Page28

2301

2302

2303

1

2

3

4

ARTICLE 23 SUCCESSION AND TAXI PLATE LEASES

Definition

The process by which the lessee of a Company-owned taxi license plate having determined that heshe wishes to retire andor otherwise terminate hisher relationship with the Company and having officially notified in writing both the Union and the Company of hisher intention to do so offers the opportunity to hisher driver to be the lessees successor all in accordance with the conditions sot out in this Article

In order to be eligible to offer a lease for succession the lessee must have been a party to a valid taxi plate Leasing Agreement with the Company for a minimum of one (1) year and have two (2) years of continuous uninterrupted service operating a taxi vehicle under the Companys roof sign The lessee must also be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

In order to qualify as a successor the driver must be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

An offer for succession shall follow the following order

No offer for succession can be made until the day after the final version of the seniority list as outlined in Appendix 2 has been agreed upon and signed-off by the Parties

The lessee must notify the Company and the Union in writing of hisher intention to exercise the option of succession and the projected date of the succession

The taxi plate lease shall be offered to the lessees current driver (if any) who shall have thirty (30) days to reject or accept the succession

If the offer is rejected or thirty (30) days have passed since the offer was made the taxi plate lease shall be offered to the drivers who are not single plate lessees (SPL) or a single plate owner (SPO) on the seniority list who shall have thirty (30) days to reject or accept the succession

Collective Agreement ltltCompanygtgt Page29

5

6

2304

2305

2306

2307

2308

2309

The most senior driver on the seniority list (who is not a single plate lessee-SPL or single plate owner-S PO) who accepts the succession shall be the successful incumbent lessee

In the event that no driver accepts the succession the lessee may ask that his request for succession be held in abeyance until such time as an incumbent lessee is found or may retire andor otherwise terminate hisher relationship with the Company at the time of hisher choosing In the event that the lessee retires andor terminates hisher employment relationship the taxi plate shall be returned to the Company and assigned to the next senior eligible driver as per the Companys past practice

The succession shall be valued at no more and no less than fifty-five thousand dollars ($5500000) except as modified as per sub-Article 2308 The driver (incumbent lessee) shall pay to the lessee the full value of the succession fee within sixty (60) days of the date of acceptance of the offer Once the driver has paid the succession fee the driver becomes a single plate lessee for the purposes of this Collective Agreement and will assume all rights duties responsibilities and obligations of a single plate lessee as set out in this Collective Agreement

The Parties agree that any monies or other considerations paid to a lessee at any time other than the time set out in sub-Article 2304 above shall not be counted towards the succession fee

The amount of $300000 (plus HST if applicable) shall be paid to the Company as a consulting fee by the incumbent lessee no later than the day before the day the incumbent lessee becomes a single plate lessee for the purposes of this Collective Agreement

Any lessee who exercises the succession option voluntarily terminates hisher employment with the Company and loses all seniority A driver who wishes to subsequently be rehired by the Company as a driver shall be placed at the bottom of the seniority list The driver will be eligible to become a lessee two (2) years from the date of hisher rehiring

The amount set out in sub-Article 2304 shall be increased annually on the date of the plate and stand rent increases set out in Article 27 of this Collective Agreement The annual increase shall be the same as the average of the percentage increase in the plate rent and the stand rent for that year

In the event of the death of a lessee and provided the lessee is up to date with all payments to the Company and has no outstanding amounts owing to the Company whatsoever the lessees estate shall have up to six (6) months from the date of death to exercise the option of succession

Collective Agreement laquoCompanybullbull Page 30

2310

2311

(a)

(b)

(c)

2312

Leasing agreements must be entered into provided they do not conflict with the terms of this Agreement

Without limiting the generality of 2310 in any way whatsoever a leasing agreement shall contain the following provisions

The lease shall terminate automatically for failure to fuHill any term of the lease including but not limited to failure by the lessee to fulfill any financial obligation or failure by the lessee to obtain replacement insurance in the event of cancellation of insurance

The lessee shall be the principal driver of the taxi vehicle which is attached to the taxi license plate

This Collective Agreement between the parties shall be the entire agreement and there shall be no other fee condition or other obligation except those set out in the Collective Agreement

All leased plates shall remain as such and shall not be converted to rental vehicles for the duration of this Agreement provided there are persons willing to leased said plates

ARTICLE 24 GRIEVANCE PROCEDURE

2401 A grievance shall include any issue regarding the interpretation administration application or alleged violation of this agreement It is the mutual desire of the parties that complaints of the drivers be adjusted as quickly as possible To that end the parties have adopted the following grievance procedure

STEP 1 A driver may bring his complaint to the Supervisor of the Members of the Owners Group If the driver does bring his complaint to the Supervisor he must do so within twenty (20) days of the incident or of he having knowledge of this incident giving rise to the complaint Where the complaint is brought forward it must be given to the Supervisor and the Supervisor shall reply within two (2) working days

STEP 2 Failing settlement of the complaint at Step 1 or where the driver has chosen not to avail himself of Step 1 the driver must file the grievance in writing within twenty (20) days of the incident or omiddotf he having knowledge of this incident giving rise to the grievance The grievance must be referred to the Member of the Owners Group claimed to be responsible andor any other person designated by the Member of the Owners Group Grievances shall be dealt with at the Step 2 meeting which shall be scheduled on the 3rd Wednesday of every month This monthly Step 2

Collective Agreement ccCompanyraquo Page 31

meeting shall be one meeting held at the Companys office Where the grievance involves the discharge of a driver the parties agree to meet within ten (1 0) working days of the filing of the grievance A representative of the Union shall be present at all step 2 meetings The Member of the Owners Group must respond within three (3) working days of the meeting

2402 Should a group grievance or a Union or policy grievance develop it shall be filed at Step 2 within twenty-five (25) days of the incident giving rise to the grievance or of the drivers or Union having knowledge of this incident

2403 Failing settlement under the above the matter in dispute may be taken to arbitration in accordance with article 26

2404 Drivers employed by single plate owners and single plate lessees may not grieve matters or disputes arising between the driver and the single plate owner or single plate lessee A committee shall be set up and made up of equal numbers of Uniondriver and Company personnel to assist in resolving disputes between the drivers and single plate owner and single plate lessee The committee shall have the power to determine a procedure to be followed as well as to determine fault and penalties

ARTICLE 25 ARBIrRATION

2501 After exhausting the provisions of the grievance procedure either of the parties may submit a grievance to arbitration either expedited or formal in writing within thirty (30) days of the Step 2 reply or if there is no reply within thirty (30) days after the expiration of the time limits to provide a reply

2502 Unless otherwise mutually agreed by the parties all grievances referred to arbitration not relating to an indefinite suspension a discharge or any separation of employment or to the interpretation of the collective agreement group grievances and policy grievances shall be referred to the expedited process

Grievances referred to arbitration in respect of indefinite suspensions discharge or separation of employment for any reason or to the interpretation of the collective agreement and group grievances may only be referred to this expedited process by the mutual agreement of the parties

2503 Within fourteen (14) days after notice has been given that the grievance will proceed to formal arbitration the parties shall meet and agree on a single arbitrator If the parties cannot agree on an arbitrator within this time limit either party may request the Minister of Labour to appoint an

Collective Agreement laquoCompanyraquo Page32

arbitrator and this appointment shall be binding on both parties In respect of the cost of arbitration of formal grievances the parties shall share equally the fee and expenses of the sole arbitrator

2504 The formal arbitrator shall have the right to exercise all the powers provided by the Labour Relations Act as amended from time to time

2505 The Arbitrator must hand down a written decision within sixty (60) days of the date of the hearing

2506 As an alternative to the formal arbitration process set out in the foregoing paragraphs a grievance may be referred to a previously agreed-upon person who shall hear the grievance and who shall at the conclusion of the hearing give a decision immediately Such decisions may not be used to alter modify or amend any part of the collective agreement and are made without precedent or prejudice to similar or like cases Such a decision shall be final and binding upon both parties and no further action may be taken on that grievance by any means whatsoever

2507 To maintain the efficiency of this expedited process the parties shall schedule a minimum of one (1) day of arbitration every three- (3) months except in those circumstances where either party deems it necessary to schedule the arbitrator more frequently

2508 The parties shall share equally the fee and expenses of the persons selected to hear the expedited arbitration cases

2509 At all expedited arbitration hearings the Company or Member of the Owners Group shall be represented by a member of their management and the Union shall be represented by a Union staff representative or an officersteward of the Local Union

2510 The Union shall forward to the representative of the Member of the Owners Group a list of the expedited grievances to be heard on the day or days scheduled for the hearing of grievances according to the expedited arbitration procedure The aforementioned list shall be forwarded to the representative of the Member of the Owners Group no later than ten (10) working days in advance of the hearing unless otherwise mutually agreed

2511 By exception a party may call one (1) witness at an expedited arbitration

2512 Prior to proceeding to formal or expedited arbitration and at least thirty (30) days prior to the date of arbitration the parties may upon mutually agreement request that any grievance be referred to a mediator to act as a grievance mediation officer for the purpose of attempting to

Collective Agreement laquoCompanyraquo Page33

mediate a settlement of the grievance The parties shall share equally the fee and expenses of this officer

ARTICLE 26 TAXI PACKAGE

2601 The employer shall provide to the rental driver at no extra cost motor vehicle insurance with a collision provision deductible not exceeding $50000 for each accident at fault

The Owners Group shall also provide to the rental driver at no extra cost comprehensive coverage with zero (0) deductible including but not limited to fire and theft It is agreed and understood that comprehensive coverage does not cover driver added equipment

2602 Each rental driver shall be supplied for a daily twelve (12) or twenty-four (24) hour period at no extra cost a roadworthy safe sedan four (4) door taxicab with proper weather resistant tires for all seasons and with a seating capacity for not less than four (4) passengers containing

2701

2702

2703

1 A roof sign 2 A sealed taxi meter 3 A two-way radio 4 A full size spare tire subject to space limitations 5 A tire tool 6 A jack 7 A mike clip 8 A full tank of gas at start date 9 Air conditioning on replacement vehicle where possible 10 An electric rear window defroster or blower

Any equipment owned by the Owners Group that becomes inoperative shall be repaired as soon as possible

ARTICLE 27 RENTAL CHARGES AND TERMS OF AGREEMENT

This agreement shall take effect upon ratification and be binding on both parties for three (3) years and shall continue for annual periods of one year each unless either party gives at least one hundred and twenty (120) days notice that it wishes to amend this agreement

It is agreed and understood that this agreement will remain in full force and effect until amended by negotiations

Rates shall be as follows

Collective Agreement laquoCompanyn Page 34

712011 712012 712013

Stand Rent (monthly) $43900 $45000 $45900

Plate Rent (monthly) $71926 $75000 $75960

Daily Car Rental 24 hr Regular Plated $9700 $9700 $9700

24 hr Accessible Plated $10500 $10500 $10500 12 hr Regular Plated $6700 $ 6700 $6700

12 hr Accessible Plated middot $8300 $8300 $8300

Credit Card Transaction 50 50 50

Debit Card (per) Transaction $065 $065 $065 (To the Driver)

POS Rental Fee (monthly) $800 $800 $800

POS Insurance (monthly) $300 $300 $300

Note The above rates do not include HST

Note For purposes of car rental rates the weekly rents shall be six (6) times the daily rent

Note It is recommended that drivers use Company supplied POS machines and systems

2704 Employees shall pay all monies owed to the Company in the following manner Monthly By the 5th business day of the month

2705 Any employee failing to pay monies by the above dates and times shall be suspended and not reinstated until the monies are paid in full and credited to their account

2706 Employees shall be entitled to pay their rents to the company by company approved charges cash and cheque - provided the employee has at least one (1) year of seniority

Employee(s) who have one (1) cheque returned NSF shall be suspended immediately upon the company receiving notification from the

Collective Agreement ((Company Page35

bank shall lose such privilege for twelve (12) months and shall be charged the appropriate charges

ARriCLE 28 GENERAL

2801 The Company and drivers shall maintain its internal company charge system and accept major credit cards which currently include Visa Mastercard American Express and Diners Cluben Route as approved by the Company

2802

2803

2804

2805

2806

2807

This system shall continue for the duration of this Agreement so long as external factors outside the Companys control do not prevent the Company from doing so Drivers shall be entitled to cash their charges provided they do not have any outstanding balances at the offices of the Company during the hours of 0830am to 400pm Monday to Friday except holidays The Company shall make available to the employees during normal business office hours receipt cards and credit card slips All credit card charges must be authorized

Drivers shall pay a fee of five (5) of all credit card charges that they redeem

Except as otherwise provided in this agreement all passengers shall be treated in a polite professional courteous and businesslike manner at all times by both the Owners Group and the employees

If requested a properly signed receipt shall be furnished by the owner for all payments made by the driver (If requested said receipt shall show a breakdown of all payments made by the driver and the dates for which they apply) For the purposes of this clause a numbered computer receipt shall be deemed to be signed

The employees who own their own vehicles whether or not they own their own license shall have absolute choice as to where their vehicle is to be repaired andor maintained

No employee either full-time or part-time shall abuse or mistreat any vehicle or equipment (ie roof sign radios meters and aerials)

The Owners Group agrees to work with the Union to lobby the City of Ottawa to allocate stands where necessary and appropriate

The Company agrees to provide the Union with the rules covering the stands controlled by concession agreements

Collective Agreement ccCompanyraquo Page 36

bull

2808 Subject to the provision of adequate insurance coverage all car owners shall be free to place a second driver or a third driver on their vehicles should they require without interference from the Company

2809

2810

2811

2812

2813

2814

In the event the Company refuses an individual employment as a second driver or as a third driver the Company agrees that such refusal may be the subject of a grievance and the onus of proof shall rest with the Company to show just cause for such refusal

The parties agree that no vehicle will have more than three (3) drivers at any one (1) time

The Company shall take reasonable steps to maintain all current concession agreements for the duration of this agreement The Company shall take all reasonable steps to obtain additional concession agreements

The Company shall have a phone line separate from the dispatch office so that drivers business people friends of the office staff may call through middot without having to tie up the dispatchers time The separate phone line may be used by the dispatch office during non-business hours

Time-off without rental fees or loss of seniority will be given to those members of the bargaining unit who are called for jury duty Rental driver(s) must park their rental vehicle(s) at the Companys premises should the jury duty go beyond three (3) days

The Company shall maintain a drivers waiting area As well the Company shall allow the drivers to use the telephone in the office for local calls only pursuant to the current past practice

In the event of an assessment to the CompanyOwners Group by WSIB in relation to the provision of WSIB benefits for the Bargaining unit personnel the CompanyOwners group and the Union agree to renegotiate in good faith the rates set out in Article 2703 Where the parties fail to reach agreement on the issue the matter shall be referred to an arbitrator for full and final settlement

When a customer complaint is received by the dispatcher the latter will advise the customer that an authorized representative of the Company will handle the complaint in an expeditious manner Upon request by the Union the Company shall provide a copy of the computer printout and all other relevant information including but not limited to any taped conversation related to the complaint being investigated The privacy of the customer is paramount and will at all times be respected

Collective Agreement ccCompanybullbull Page 37

2901 (a)

(b)

ARriCLE 29 BEREAVEMENT LEAVE

The Members of the Owners Group agree to grant affected employee(s) the necessary time off of up to four (4) days without fees at the time of death of the following relative(s) of said employee(s) father mother spouse (includes common-law) child brother sister mother andor fathershyin-law

The Members of the Owners Group further agree to grant to affected employees two (2) days without fees at the time of death of the following relatives of the employee sister andor brother-in-law and grandparent

ARTICLE 30 SOCIAL JUSTICE FUND

3001 The Company shall pay to the Union an amount of eight hundred ($80000) dollars per collective agreement year with such amounts being made payable to the CAW Social Justice Fund Inc Said amounts shall be paid by separate cheque by the last day of February in each year of this collective agreement A tax receipt shall be supplied to the Company on receipt of said amount

ARTICLE 31 SAFETY BANQUET

3101 The Company agrees to contribute seven hundred and fifty dollars ($75000) to the Unions annual Safety Banquet in each year of the Collective Agreement

SIGNED THIS DAY OF APRIL 15 2012

FORTH~

~~

Collective Agreement laquoCompanyraquo Page38

Collective Agreement laquoCompanyraquo Page39

SCHEDULE 11 A 11 LIST OF THE OWNERS GROUP

Coventry Connections Inc

Collective Agreement ccCompanyraquo Page40

SCHEDULE nan EXISTING CUSTOMS RIGHTS AND PRIVILEGES

1 There shall be no charge for the receipt cards

2 There shall be no charge for credit card vouchers subject to suppliers (third party) availability and conditions Should the Company pursue a course of action leading to Point of Sale terminals which usage will include Debit transactions Decremental Cards and Credit Cards there would be a charge for paper usage

3 The drivers shall choose their own working hours during their shift

4 Reasonable accommodation shall be given to payment of outstanding debts for accident(s) The following minimum payments are required

A) Up to $1 00000 - $ 1 000 per day

B) Over $100000- $2000 per day

Agreed to on the understanding that this does not apply to spare cars

Collective Agreement laquoCompanyraquo Page 41

SCHEDULE C RULES AND REGULATIONS

1 The following articles of clothing are not acceptable forms of attire at OJS

(a) Sweat pants and shorts except for dress shorts Dress shorts will be allowed from April to Labour Day Drivers caught wearing inappropriate shorts will be given one (1) warning and any future occurrence with regards to inappropriate shorts will cause them to lose the right to wear dress shorts for the duration of that season Shorts can be no shorter than three (3) inches above the knees

(b) T-shirts (except Union decaled T-shirt) without lapels tank tops and muscle s1middot1irts

NB Clothing andor other attire with obscenities profanities or sexually degrading remarks are not acceptable Hair must be clean and neat Faces must be clean-shaven or beards neatly trimmed Clothing must be tear and rip free with no visible patches and is to be cleaned and ironed as required Socks must be worn at all times with all types of footwear except for sandals

2 Drivers must be courteous and pleasant at all times and must conduct themselves in a professional business-like manner

3 There is to be no abusive foul language or gestures directed at customers or the general public

4 Consumption of alcohol or drugs will not be tolerated prior to the commencement of a shift andor while driving

5 There wiil be no arguing and fighting among drivers or other DJs personnel under any circumstances

6 No playing of cards or any other games of chance is allowed at any time when working This includes any form of gambling or betting on the air

7 Profanity or abusive language on the air or in your vehicle is prohibited at all times

8 Use of cell phone during the conveyance of a customer(s) is prohibited

9 Each taxicab and driver shall carry at all times a current street guide Drivers are to make proper use of this guide to avoid unnecessary air time

Collective Agreement ccCompanyraquo Page42

10 Deliveries are to be taken directly to the destination Running other fares while occupied on deliveries will not be permitted unless approved by the dispatcher

11 No messages between drivers are permitted Drivers will receive messages to call home spouse office union office partner or garage

In addition When an authorized Union rep asks the dispatcher to have a member of the bargaining unit call them for union business only this will be allowed and if necessary a phone number will be given

12 Picking up a fare while on the way to an accepted dispatch call will not be permitted

13 Drivers must allow 5 minutes wait at the customers pick-up address

14 Drivers shall take reasonable steps to ensure that they pickup only those fares that they are dispatched to Drivers must check with dispatcher for authorization before taking another fare from same address

15 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical breakdown emergency or any other reason(s) not herein listed the dispatcher shall reshydispatch the fare and suspend the driver for one (1) hour

16 Interference or jamming of the radio is a Federal offence and will not be tolerated

17 When necessary drivers must assist customers with handling of baggage and opening and closing of doors

18 No complaining to customers about short fares or time calls A list of regular short fares will be established and such fares shall be dispatched as Locals

19 At customers request music radio and other sound systems except for the twoshyway radio must be turned off

20 Driver must issue a receipt card upon request by customer Drivers signature must be clearly marked in the appropriate place on the receipt card There is no charge for the issuance of a receipt card

21 No new driver is to commence work until he has been briefed by OJS staff in the operating of our charge account system

22 Some of the guidelines in the operation of our charge account system are as follows

Collective Agreement laquoCompanyraquo Page43

(a) All charges are to be signed with car number (eg-DJ70) and date clearly written

(b) If the fare goes to more than one destination these other destinations are to be clearly marked on the reverse side of the chit

(c) Taxi chits to be signed by the customer and dollar value to be clearly marked

(d) Gift certificates which currently have a maximum value of $500 each are to be accepted at face value and change given as required

(e) Drivers must note on back of chit the drop offpick up address if it is different from address shown on face of chit

Drivers are prohibited from buying other drivers charges whether they be DJS drivers or other cab Companys charges Violation of this rule shall result in the following fines

1st offence -2d offence bull 3rd and subsequent offences-

$5000 per chit $10000 per chit $20000 per chit

plus the face value of each chitCredit Card in all cases

The parties agree that the above penalties are specific penalties within the meaning of the Ontario Labour Relations Act An Arbitrator shall not have the power to alter or modify any penalty imposed under this clause

(f) Drivers must accept all major credit cards approved by OJS Taxi

(g) Drivers are responsible for ensuring that all necessary information is clearly marked on charge vouchers as follows

bull Customers name and signature bull Card number (correct number of digits) bull Expiry date bull Drivers signature and car number (eg-DJ70) bull Ensure proper copies of charges are submitted to the Company for

processing bull No hand written major credit card sales drafts will be accepted

23 All cars are to be cleaned inside and out by 1000 am every day with due regard given to road and weather conditions

Collective Agreement Page44

24 All drivers must ensure that they have change for $2000 at all times and will not be removed from the sheet while getting change provided they are not called

25 No taxicab driver shall charge a passenger for

(a) The cost of proceeding to an establishment for change or

(b) Waiting time while a passenger obtains the change provided the bill presented for payment is of $2000 denomination or less

26 No vehicle to be left unattended with keys in the ignition

27 No person(s) unless authorized by the Company shall accompany the driver in the vehicle while heshe is occupied with a paying fare

28 Taxis must not be left unattended on a OJS taxi concession stand for more than ten (1 0) minutes

29 Only au~horized drivers with valid licenses can operate a taxi-licensed vehicle

30 Roof sign must be removed from vehicle when not on duty or involved in an accident

31 ALL DRIVERS ARE ADVISED THAT IT IS AGAINST THE LAW AND OJS TAXI COMPANY LIMITED POLICY TO REFUSE DOG GUIDES IN THEIR CABS REFUSAL WILL RESULT IN FINES AND DISCIPLINARY ACTION BY THE COMPANY

1st offence - 1 week suspension 2nd offence - 2 weeks suspension

3rd offence - Dismissal No longer working under the OJS roof sign

Accommodating Persons with Disabilities

The Management of OJS Taxi wishes to advise all its employees drivers and others operating under the OJS Taxi roof sign of the OJS Taxi policy with respect to blind passengers whether or not they use dog guides

Under the Blind Persons Rights Act of Ontario no person may either deny any person services customarily available to the public or discriminate against any person with respect to services available to the public for the reason that they are a blind person accompanied by a dog guide

Under the Ontario Human Rights Code every person has a right to equal treatment with respect to the supply of services which includes taxi services

Collective Agreement laquoCompanyraquo Page45

bull

without discrimination because of among other things a disability A disability includes any physical impairment such as being blind visually impaired deaf or hard of hearing

Guide Dogs and Taxi Services Many disabled persons are physically dependent on guide animals in their daily activities Canadians who are blind or visually impaired deaf or hard of hearing or who have other types of disabilities such as epilepsy are dependent on guide animals

Accommodation of these individuals necessitates that they be permitted to take their guide animals with them into taxi cabs Refusing to allow them to do so will infringe on their human rights and is against the Blind Persons Rights Act of Ontario and the Ontario Human Rights Code

This notice will simply repeat what should be apparent to you all that if a blind person with or without a dog guide is refused services by any OJS Taxi driver such actions will result in fines to the driver and other disciplinary action including the possibility of suspension by the Management of DJs Taxi Co Ltd

For more information regarding guide animals please review the attached pamphlet and information sheet published by Dog Guides Canada

Any inquiries concerning this policy should be directed to any member of the Management who will if it is required explain the policy to you

32 Drivers are not allowed in the dispatch office

33 All parking tickets will be paid by the rental driver responsible

34 In order to boost with Company owned taxicabs employees must request an obtain instruction from the garage manager or his designee on the proper method of boosting in order to reduce any risk of injury to the driver passenger and damage to the vehicle(s)

In the event of misuse employees at their discretion may be either disciplined in accordance with the principle of progressive discipline or have the option of reimbursing the Company for the cost of damaged parts

35 Any driver operating a taxi while his drivers license or taxi license is under suspension will be disciplined unless the driver can obtain written proof from the Ontario Ministry of Transport andor the appropriate taxi licensing authority that the driver did not receive evidence that hisher license was suspended or cancelled

36 When necessary or requested all elderly andor disabled customers are to be assisted in and out of taxicab at all times

Collective Agreement laquoCompanyraquo Page 46

37 No stealing fares

38 Drivers are not allowed to book no loads and run the fare

39 Drivers cannot refuse dispatched fares subject to article 1304 andor where the driver believes his safety or health is at risk

40 Failure to come to voice after two (2) requests by the Dispatch Supervisor will result in the Driver being suspended in the computer

41 Dispatch staff will not make phone calls for drivers unless it is an emergency situation

42 There shall be no personalization of any fares or trips placed through the Dispatch System of OJS Taxi except for returns east of but not including the Civic Hospital within the same twenty-four (24) hour period Where a return-call has been prearranged through the Dispatch System prior to the initial call being dispatched then the return-call cannot be personalized

43 Drivers will pay monies owed to the company by 400pm on the day that they are due No driver with an outstanding balance will be allowed to book on the sheet until their account is paid in full to the business office This means credited to their account and a receipt issued

44 Dispatchers shall give the line-up every thirty- (30) minutes except for the months of December January and February On implementation of the Computerized Dispatch this clause will be eliminated

45 All deliveries shall be given out as regular calls except where provided in this agreement and all employees shall have the option to refuse to deliver alcohol When a dispatcher requests a driver to call him for information concerning a delivery the dispatcher will first give the delivery address over the radio to ensure the delivery is being dispatched correctly

46 When drivers book out of their cars to attend scheduled complaint meeting appointments they shall be allowed to remain in their spot on the line up queue passed by for fares and treated by the dispatch as if they are no longer on the sheet

When the affected driver returns to his car and books back in he shall be returned to his position in the line up queue and given his next rightful fare

The maximum time a driver shall be allowed to book out for a complaint meeting is one half-hour

Collective Agreement laquoCompanyraquo Page 47

This rule shall only apply if the affected driver does not incur any discipline as a result of the complaint meeting

47 All cabs at DJS Taxi must have a mike clip and the clip must be used Drivers must pick up their mike when communicating

48 Drivers using vans as taxicabs must have and make use of (when requested or required) a portable step to assist passengers in and out of their vehicles

49 All taxicabs must be free of any body damage and any damage must be repaired within ninety- (90) days

50 Roof signs must be kept in good working order and condition with Company approved logo clearly visible front and rear

51 In order to ensure equipment is compatible with computer dispatch system all new radio equipment must be approved by the Company prior to installation

Collective Agreement laquoCompanyraquo Page48

SCHEDULE D CREDIT CARD POLICY amp PROCEDURES

DRIVERS MUST ACCEPT ALL COMPANY APPROVED CHARGES CREDIT AND DEBIT CARDS

DRIVERS MUST HAVE A POINT OF SALE UNIT AND A MANUAL PRINTER PER CURRENT BYLAW CITY OF OTTAWA

Due to the increased use of fraudulent Credit Cards by customers in taxicabs the following procedures have been developed to protect drivers from falling victim to Credit card fraud When accepting Credit cards the following rules must be followed

Credit and Debit Cards- the following rules must be followed

AUTHORIZATION OF ALL DEBIT AND CREDIT CARDS

All Credit Card slips must be authorized regardless of amount Verification is generally done after the fare is completed but verification of an estimated or known amount can be done prior to the completion of the trip if

bull The destination is beyond the radio coverage area bull The driver has reason(s) to suspect the validity of the card

INFORMATION REQUIRED FOR ACCEPTANCE OF DEBIT ANDOR CREDIT CARD SLIP FOR PAYMENT The completed Credit Card slip must contain all the following information

(a) Vehicle Number (pre-printed on POS slip if not to be written by hand at the bottom of the slip)

(b) Drivers ID Number and Initials (c) Amount of fare and gratuity (if applicable) (d) Authorization number (Pre-printed on POS slip) (e) Date of the fare (Pre-printed on POS slip) (f) The Debit or Credit Card must be swiped at all times (in the event that the

receipt does not print imprinting Credit Card only on manual imprinter is acceptable with customers signature but the imprint of the card number has to be clear) In the case of a swiped transaction part of the card number will display per Credit and Debit Card industry rules

(g) Customers signature clearly written (Credit Card only) marked TRANSACTION COPY We will accept the CUSTOMER COPY as long as it has the customers signature Debit POS slips are to be submitted marked TRANSACTION COPY NO SIGNATURE IS REQUIRED

Collective Agreement laquoCompanyraquo Page49

DISPUTES BY A CUSTOMER

Should a debit or credit card slip be disputed by the customer their bank or other financial institution the company will investigate If such investigation proves fraud or error by the driver the driver will be charged back for the full amount of the charge

If the disputed transaction was processed on a non-company unit a $500 plus HST charge plus the value of the charge will be debited to the drivers account The Company will refund the customer for the value of the charge

Should a customer andor driver report that the charge has been approved more than once the Company will investigate The Company does not allow any refunds in the taxicab Drivers can void a transaction but this must be done before Batch Closing the transaction A Void can only be done in the presence of the customer as the card (debit or credit) must be present The driver can then re-swipe the card for the correct amount The Company publishes a toll free number for customers or drivers to call with any concerns about a transaction If a customer has been charged more than once for the incorrect amount the following procedures apply

Credit Card

The Company will verify that the customer was charged multiple times or has been over-charged and issue a refund as necessary The Company will send a copy to the customer upon request All refunds are processed on a Point of Sale unit or Virtual Merchant (on-line) The Company may contact the driver to determine the validity of the customers details

Debit Card

The Company will verify that the customer was charged multiple times or has been overcharged and issue a cheque refund as necessary The Company keeps a copy of the cheque issued

GENERAL INFORMATIONGUIDELINES

1 If the driver has overcharged the customer and has been paid the incorrect amount the Company will adjust the drivers account and provide a receipt The Company maintains a log in the even there is a dispute by the driver or the customer If the driver reports the overcharge that is logged on a Customer Incident Form which has a Control Number

2 Hand written Credit Cards will not be accepted All Credit Cards must be passed through a manual imprinter which clearly shows the full credit card number If the credit card number is not clear and cannot be authorized

Collective Agreement laquoCompany Page 50

the driver will face debitchargeback of the amount as it cannot be authorized

3 The only Credit Cards accepted by Taxitab a division of Coventry Connections Inc are

i Visa ii Mastercard iii American Express

Note Visa Mastercard and American Express all issue prepaid credit cards these are all accepted

4 Taxitab a Division of Coventry Connections accepts Debit Cards for Canadian Financial Institutions Debit Cards for foreign banks may not

work on the unit Visa Mastercard have commenced issuing Debit Cards these are all accepted These cards are clearly marked on the face of the card with the Visa and Mastercard logos

5 The following items are to be checkedverified by the driver upon presentation of a Credit Car (a to d) Debit Card (d only)

CHECK LIST

(a) Expiry Date Ensure the card is valid Check to be sure that the Card is not being used beyond the expiry date printed on the card If the card is expired refuse to accept it

(b) Altered Cards Check to see if the card has been noticeably altered in any way If it has been refuse to accept it

(c) Card holders name and signature Check that the signature on the Credit Card slip is the same name printed on the card At the same time check that the signature is the same as the signature on the rear of the card If there is no signature on the rear of the card ask the customer to sign it as you are required to check this

If in doubt ask to see some other form of identification (preferably one with a picture and signature) that ensures that the person using the card is who they say they are

(d) Amount of fare and gratuity (if applicable) The amount of the Debit or Credit card slip must be equal to the amount of the fare and the gratuity (where applicable) Each amount should be entered in their respective places and only by the customer unless otherwise directed In the case of a Debit Card customer must always enter their PIN number to

Collective Agreement ltbullCompany Page 51

authorize the card Drivers must remind customer that the TIP field comes first followed by the PIN number

(e) $150 Surcharge

Debit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated by the City of Ottawa By-Law The $150 charge is prompted by the point of sale unit automatically The Driver receives 65cent of the $150 for every transaction

Credit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated in the City of Ottawa By-Law The $150 charge is NOT prompted by the point of sale unit automatically The driver adds the $150 to the metered amount and enters this total in the base amount field

6 CAUTIONS

7

(a)

(b)

(c)

Bank Card only have the Bank name on the card

Credit Cards are identified by the VISA MASTERCARD AMERICAN EXPRESS OR DINERS CLUB-ENROUTE symbols Only Cards with these symbols will be accepted

Credit Cards will have a holographic image on the face of the card

CASH ADVANCES

The use of Credit Cards for cash advances in the taxicab is not permitted Credit Cards must only be used in the taxicab for paying for an actual fare Anyone using a Credit Card in a taxicab to obtain cash advance is most likely using a stolen or fraudulent card

8 OUT OF TOWN FARES

For the drivers protection it is suggested that for fares going out of town and the customer wishes to pay by Credit Card it is recommended that the driver authorize the fare at the beginning of the trip (dispatcher can give an estimated amount) If there is a difference process the difference at the end of the trip There is a pre-authorization feature available for Credit Card only on the Point of Sale unit The Company can activate this on driver request but the driver must be

Collective Agreement ccCompany)) Page 52

bull

9

given correct training for this There are several steps involved with pre-authorization that must be followed before batch closing

BATCH CLOSING

Drivers must close transaction in the terminals at the end of their shift Credit Card authorizations only remain in the terminal for five (5) days after that the processor closes them automatically Drivers must batch close all credit cards no later than four (4) days in order for the items to appear on the batch close report

Batch Close reports will print separately for Debit and Credit Cards and list the details of the transactions in the terminals showing the card type and the last four (4) digits of the card involved This Batch close cannot be reprinted drivers must hold on to them Attach the slips to the Batch Close and bring to the cashier The cashier will verify the attached slips are on the batch close and proceed to pay or credit the driver assuming all slips are authorized and complete (as discussed above under (1) Authorization Procedures)

The following circumstances regarding Batch Closes will apply

(i) Batch Close with All Debit and Signed Credit Card slips- Driver will be paid or credited at time of presentation at a cashiering station

(ii) Batch Close- No Debit Slips if the batch close shows a Debit Slip and the driver has misplaced or lost the slip the Driver will be paid or credited at the time of presentation at a cashiering station

(iii) Batch Close No Credit Card Slip- No Slip No Payment at time of cashiering (driver is to go to Driver Admin in this instance) If the driver has a signed manual slip and the last 4 numbers of the card match those on the batch close the slip will be accepted by the cashier

NO BATCH CLOSE REPORT -If a Driver has lost or misplaced Batch Close report the Driver is to go straight to Driver Admin (not cashiering) The Driver is to bring the receipts (if there is a credit card slip with no signature there is a separate procedure for this below) he has for which he has not batch close Driver Admin will initiate a Batch Close Incident Report which has a Control Number for future reference The Procedure is as follows

(i) Driver Admin to Photocopy all Slips and write the Control from the Batch Close Incident Form on the photocopy and date the sheet The

Collective Agreement ccCompanyraquo Page 53

bull

bull

Driver is to keep this in the event of a dispute or apparent nonshypayment in account

(ii) Driver Admin will complete the top copy of the report attach a copy of the slips The Driver will complete the bottom part of the report and sign it

(iii) Management will need 72 hours (three business days) from the date of Incident Report to investigate the transaction has been settled in the POS unit

(iv) Providing Management confirms the transaction is complete the slips will be credited to the Drivers account and a receipt will be printed A copy of the receipt is attached to the Batch Close Incident Report The Control from the Form is entered when the the amount is credited for reference A receipt can be printed at that time by cashier

(v) In the event that a driver does not have a Batch Close and presents a credit card slip with no signature the following will apply

(vi) If the Driver experiences a problem with the Batch Close or operation of the unit the Driver is to bring the unit to the office during normal hours Management will investigate the issue and call Driver to reshyissue the unit completing paperwork for the replacement unit which the driver will sign

Any driver attempting to defraud a customer by processing a debit or credit slip more than once will be terminated

Collective Agreement laquoCompany)) Page 54

bull

bull

SCHEDULE E STOLEN FARE POLICY

Whenever the Dispatch Supervisor receives a complaint that a fare either dispatched to the complainant or from within the same block of taxi standconcession on which the complainant is parked has been stolen and the identification of the accused is made known the Supervisor shall

(a) Bring the accused to voice and notify himher of the allegations

(b) Inform the complainant that a deposit of forty dollars ($4000) must accompany his accusation and to be deposited within one (1) hour of the complaint Where applicable inform the complainant that the accused wishes to challenge the allegations and the date and time of the hearing shall be known to both parties

(c) A failure of either party to attend the hearing will result in an additional fine of forty dollars ($4000) to be paid within sixty (60) minutes of the conclusion of the hearing or a suspension ob the absent party until payment is received

(d) Inform the accused of the available options

(i) Arrange for repayment of the fare in its entirety to a minimum of forty dollars ($4000) to the complainant a Union representative or the Company on behalf of the complainant within sixty (60) minutes or

(ii) If the allegation is being denied and the accused wishes to refute it forty dollars ($4000) must be deposited at the dispatch office within sixty (60) minutes with a notification to the Dispatch Supervisor that the allegation is being challenged

Where the accused fails to respond to two (2) voice messages or refuses to comply with (c) the accused shall have dispatch services suspended until in compliance or the Company receives instructions from a Union Representative to do otherwise

The penalty for a wrongful accusation is the payment of forty dollars ($4000) to the accused by the accuser in addition to the return of the accuseds deposited payment

It is understood and agreed that the action(s) of the Dispatch Supervisor(s) in the compliance of this Policy is not to be construed as a determination of who is the guilty party In all disputes regarding stolen fares the Committee shall make the final determination with respect to guilt

Collective Agreement laquoCompany Page 55

bull

bull

Note Such fare(s) will not be considered as Stolen Fare(s) if picked up by driver(s) arriving on the Concession(s)Taxi Stand(s) prior the driver(s) who accepted the dispatched fare(s)

Collective Agreement ((Company Page 56

bull bull

APPENDIX 1

PLATE CAR LESSEE IND START LESSEE START

1 1027 5027 ADAM GRANT 1 91111986 111987

2 1015 5015 TIMS VAUGHN 411995 411995

3 1043 5043 MARTON FERENC G 10251995 10251995

4 1050 5050 DUBOIS JOHN 12111994 311996

5 1048 5048 SUNIL JOSHI 1111994 711996

6 1030 5030 SLIM MOHAMED 711996 7111996

7 1041 5041 JAMALEDDINE ZAHER 911996 911996

8 1040 5040 MAHEUX FRANK 11151996 181997

9 1109 1 5109 ASTLEY JAMES 1011994 1131997

10 1045 5045 MELHEM SAMIR 1211996 9211997

11 1028 5028 LABINE ANTHONY 10151980 11281997

12 1054 5054 ELmiddotNEMER NEMER 11131997 21271998

13 1113 5113 WEAGANT BROCK C 82211988 3131998

i

14 1039 5039 SOBH HAC HEM 11171997 5111998

15 1044 1 5044 MOUFARREJ RAYMOND 10241996 1161998

16 1042 5042 MCCONVILLE BILL 311992 11111998

17 1107 5107 GIANNAKOS LOUIS I 9111997 491999

18 1026 5026 VERMA LALIT 51261996 5311999

19 1033 5033 MITCHELL BRUCE 111987 9301999

i

20 1108 5108 PAPPAS CHRISTINE 121111991 1041999

rmiddot 1014 5014 NYTRA BEDRICH 961996 3302000

22 1000 5000 ABOUmiddotARRAG SAM I 611997 7132000

23 1038 5038 MUNROE JOHN 1111977 492001

24 1022 5022 RADULESCU GELU 611999 5232002

25 1139 5139 HASSOUN I MOUFID 71211999 8152002

26 1006 5006 SADER I GHASSAN 6211999 292004

27 1029 5029 CLAYTON GREG 911980 21132004

Collective Agreement ccCompany Page 57

bull

28 1034 5034 IBRAHIM 12301995 4302004

29 1037 5037 ABDALLA HASSAN I 3312000 2202006

30 1010 5010 HASSOUN AD NAN 8272001 312006

31 1031 MASSOUD 1241998 312006

32 1 1o35 5035 JANCO 911992 362006

1 33 1036 5036 SINGH BALWANT 92211999 3172006

Collective Agreement ltltCompanyraquo Page 58

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 5: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

404 Present drivers and all new drivers shall be given a copy of this agreement and of the said rules and regulations so that all employees that are subject to the terms of this Agreement must know what is required of them in the general conduct of the Company and the Owners Groups business

405 Nothing in these rules and regulations shall deprive the employees of the rjght to challenge any penalty through the regular grievance procedure as outlined in Articles 24

406 Existing customs practices rjghts privileges benefits and working conditions as set forth in Schedule B shall be continued to the extent that they benefit the employee and are not inconsistent with the spirit and terms of this agreement

407 The existing customs practices rights privileges benefits and working conditions may be modified by written mutual agreement of the parties

408 The Company shall maintain promote and operate the roof sign DJs Taxi for the duration of this agreement

410 Any plate not affiliated with DJs Taxi by April 30th of any year shall not be permitted to begin operation under the DJs roof sign during the months of May June July and August of said year A list of all plates affiliated with DJs Taxi as of the 30th day of April in each year will be supplied to the Union by the 15th day of May of said year The Parties agree that the maximum number of accessible vehicles operating under the DJs roof sign shall not exceed in the following years

bull 2007 -thirty-five (35) bull 2008- fifty-five (55) bull 2009- sixty-five (65) bull 2010- seventy-five (75) bull

Notwithstanding the foregoing where the Company acquires another Taxi Company whose fleet includes accessible vehicles the above-noted numbers would be increased by the number of accessible plates operating at the acquired Company at the time of the acquisition so long as all phone numbers accounts and taxi concessions associated with that Company become part of the DJs Taxi business

411 The Company agrees that any multi-plate owner operating under the DJs roof sign that moves a vehicletaxi-plate to another Company heshe will not be allowed to return said vehicle taxi-plate to operate under the OJS taxi roof sign for a period of two (2) years except where the Company acquires another Taxi Company at which the moved plate(s) were operating

Collective Agreement laquoCompanyraquo Page3

ARTICLE 5 SOLE AUTHORITY

501 This Agreement shall be the sole authority governing the relationship between the Company and the Owners Group and the employees The signing of this agreement by the parties will render null and void any outstanding personal contracts that may have been entered into between the Company and the Owners Group and the Employees as it relates to this Collective Agreement

ARTICLE 6 UNION SECURITY

601 The Company and the Owners Group agrees that for as long as this agreement remains in force it is a condition of employment for all present employees to become and remain union members in good standing as of the date of ratification of this agreement and for all new employees to become and remain members in good standing of the Union as of their first day of hire

602 The Company shall collect from each employee such amounts as the Union shall affix each month for union dues plus any assessments that the Union may affix from time to time

603 It is the duty of the Company to ensure that each employees monthly dues initiation fees where applicable andor assessments are properly collected and recorded

604 The Company shall collect all dues including back dues late dues and initiation fees andor assessments on the employees first regularly scheduled payment day of each month and submit to the Union no later than the last day of each month a cheque representing the dues initiation fees andor assessments of each and every employee

605 The Company must by the last day of each month submit to the Union a list of names in alphabetical order or car number order of all persons paying dues initiation fees andor assessments for that month This list shall include the employees current addresses phone numbers - as supplied by said employees - and plate numbers as of the first (1st) day of the month

606 The Union agrees to give the Company one (1) months notice in writing of any changes to the prevailing Union dues any assessments or initiation fees

Collective Agreement ccCompanyraquo Page4

607 The Company upon receipt of a written request from an employee shall supply said employee with a receipt for monies collected on behalf of the Union from that employee for the previous calendar year

ARTICLE 7 CONTRACTING OUT BARGAINING UNIT WORK

701 The Company shall not contract out bargaining unit work

702 Supervisors office staff garage staff dispatchers phone staff andor any other person(s) outside the bargaining unit except for multi carplate ownerslessees shall not perform bargaining unit work

ARTICLE 8 UNION REPRESENTATION

801 The Union shall notify the Company and the Owners Group in writing of names phone numbers (if any) taxi plate number and position(s) of the persons authorized to represent the Union andor the employees for the purpose of this agreement

802

(a)

(b)

803

Further the Union shall promptly notify the Company and the Owners Group in writing of any changes in these names andor positions

The Members of the Owners Group shall provide to the Union all necessary information relating to the following matters on a current basis

A list of employees showing their names addresses and taxicab plate numbers

Employees andor their business agent with the written consent of that employee shall have access to any report complaint or personnel records at reasonable times and shall upon request be supplied with copies of the documents at said employees expense The Company agrees that any information if found to be inaccurate will be corrected

Upon the Union giving reasonable notice during business hours (Monday to Friday) the Company will broadcast notice(s) of Union meeting(s) across the dispatch system once every four (4) hours during the forty-eight (48) hour period immediately preceding the date of the Union meeting

Such announcements shall be limited to no more than twice (2) per month

804 The present notice board will be maintained and made available for the posting of messages and communications directly related to Union

Collective Agreement laquoCompanyraquo PageS

805

806

(a)

(b)

(c)

business subject to the approval of the Company whose approval shall not be unreasonably withheld

Union representatives shall be entitled to distribute Union literature at or near the Companys place of business during non-working and working hours

Upon written request from the President or Business Agent of the Union a leave of absence shall be granted to

Employees for the purpose of attending Union functions including but not limited to conventions schools seminars or other functions excluding matters arising from the administration of this Collective Agreement

Three (3) employees for the purpose of attending contract negotiations meetings with the Company

Provided that in all instances the President or Business Agent notifies the Company at least seven (7) days prior to the intended leave as it applies to (a) and in (b) as much time as possible

An employees seniority will continue to accumulate during a leave of absence and employees will not be charged any fees for up to maximum of fourteen (14) days per calendar year per employee provided such employees do not work their scheduled shifts During this period except for days of negotiations rental cars are to be parked at owners premises The following pro rated charge will apply for negotiations If negotiations end before 1400 hrs - 12 day credit If continued past 1400 hrs -full days credit to affected employees

807 Leave of absence without fees shall be granted for a period of up to one (1) year to an employee who is engaged in full-time Union activity Such leave of absence shall upon request be extended from year to year to a maximum of three (3) years

During such period(s) of absence seniority shall continue to accumulate All Owners Group equipment and licenses will be returned to the Owners Group Member(s) prior to said leave

808 All taxicabs operating within the bargaining unit may place in the right hand corner of the rear window- without interference from the CompanyshyA Union decal supplied by the Union Such decal shall not exceed four (4) inches in diameter

Collective Agreement ccCompanyraquo Pageamp

809 Union representatives or stewards shall be entitled to book off the dispatch system and leave their work during working hours in order to carry out Union business as they may be advised by the Union

ARTICLE 9 DISCIPLINE AND DISCHARGE

901 No employee shall be disciplined or discharged without just cause

902 The Company andor Owners Group shall provide the Driver and the Union with written notice(s) of any discipline taken against a driver of the bargaining unit within thirty (30) business days of the incident giving rise to the discipline except for creditdebit card andor taxi chit fraud which shall be within sixty (60) business days of the incident giving rise to the discipline or the penalty will be null and void and further except where if the driver has been charged with a criminal offence and this comes to the attention of the Owners Group within six (6) months of the incident

903

904

905

(a)

By mutual agreement of the parties a minimum of one day per week shall be scheduled for the purpose of investigating complaints or allegations which may result in discipline to a driver A shop steward or Union representative shall be in attendance Notwithstanding the foregoing the Company or the Owners Group may initiate an investigation at any time if either deems the issue to be of a serious nature Should the investigation involve an interview of a driver the driver shall be entitled to Union representation

A driver is a probationary driver until he has worked for three (3) months under the DJs roof sign During this probationary period the driver would be working on a trial basis and be disciplined up to and including discharged at the sole discretion of the Company provided that the Companys decision is not arbitrary discriminatory or in bad faith as per Article 1 0 of this Agreement

Discipline shall be applied middotuniformly and disciplinary measures shall be appropriate to their cause(s) and subject to the principle of progressive discipline middot

The Owners Group agrees not to enforce Municipal Provincial or Federal Laws unless related to vehicle or public safety or to customer service

A grievance concerning a discharge of an employee shall commence at Step 2 of the grievance procedure within six (6) working days of the event

Such grievance may be settled by Confirming the action of the member of the Owners Group or

Collective Agreement ccCompanyraquo Page7

906

907

908

(b)

(c)

(d)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

Reinstating the employee with no loss of seniority andor with compensation as may be determined by the parties or

By any other arrangement which may be deemed just and equitable or

By proceeding to Arbitration in accordance with Article 25

No person shall have their dispatch services curtailed or suspended without just cause In the administration of this clause drivers shall complete the shift except

Where they or their vehicle is a danger to the public

Where they have not fulfilled their monetary obligations to the Owners Group or the Union

Or where their vehicles are required for garage service

When the taxi is dirty either inside or outside or both (car wash)

When the taxi driver has stolen a fare

When the taxi driver is not properly dressed

When the driver is intoxicated andor on illegal drugs

Employees shall have the right to have Union representation in meetings with the Company relating to discharge or discipline of that employee If a Union representative is unavailable for a scheduled meeting between the Company and that employee the meeting will not go ahead as planned

Disciplinary actions and adverse reports of an employee shall remain on said employees file for a period of one (1) year from the date of the offence No disciplinary proceedings against that employee shall be used after one (1) year except for disciplinary records involving sexual harassment assaults or refusal of a Guide Animals which shall remain on file for four (4) years from the date of the discipline

The Company is prepared however to review all driver files and have discussions with the Union with respect to those drivers who have had repeated problems

909 Employee(s) under suspension shall not pay any cab-rental or stand rent commencing on the fourth (4th) day of suspension and shall not pay plate rent commencing the beginning of the fourth (4th) week of suspension A

Collective Agreement laquoCompanyraquo PageS

suspended employee shall not be entitled to operate on any Company taxi stand while under suspension

ARTICLE 10 NON-DISCRIMINATION

1001 The Owners Group shall not discriminate against employees with respect to terms and conditions of employment on any of the prohibited grounds named in the Ontario Human Rights Code or on the grounds of union activity

1002 There shall be equal opportunities regardless of sex in all facets of the Company and the Owners Group business governed by this agreement

1003 No employee shall be required to retire on the grounds of age

ARTICLE 11 STRIKES LOCKOUTS PICKET LINES AND LABOUR DISPUTES

11 01 There shall be no strikes or lockouts so long as t~1is agreement continues to operate The word strike and the word lockout shall be defined in accordance with the definitions set out in the OLRA 1995 as amended

1102 Employees in the bargaining unit shall have the right to refuse to cross a picket line andor refuse to handle struck work in connection with a labour dispute

11 03 Failure to cross a picket line or handle struck work shall not be considered grounds for disciplinary action or otherwise be a violation of this agreement

1201

(a)

ARTICLE 12 DISPATCH

The Company shall supply maintain and operate a computerized dispatch system to provide fair and equal distribution of all calls trips or parcels received by the Company Computers in vehicles shall be serviced and maintained in working condition by the Company as the need arises

1202 The Company shall ensure that all requests for taxicab service are dispatched through the dispatch system of the Company and shall only be dispatched to licensed taxicabs in an equitable manner as determined by the terms of this agreement

Collective Agreement ccCompanyraquo Page9

1203 The Company agrees that the geographic locations of the stands which shall include backup stands shall be outlined in APPENDIX 1 and attached to this agreement Modifications can be made from time to time with the written approval of the parties

1204 The Company agrees that the current phone number (613) 829-9900 shall be used offered andor advertised for the dispatch of taxicabs operating under the Companys roof sign The Company further agrees that the telephone number (613) 829-9011 shall continue to be used for the dispatch of taxicabs operating under the DJs Taxi roof sign The parties agree that this latter telephone number shall not be advertised for DJs Taxi Co Ltd middot

1205 middot1n cases of abuse of the cheater switch the Union agrees that computer records of call-backs shall be prima facie proof of the abuse alleged by the Company Nothing herein shall be construed to condone or permit the use of the cheater switch Violations of this sub-article shall be considered grounds for discipline

1206 All requests for non-metered taxi service or other special taxi services shall be distributed in a fair and just manner

1207 Dispatchers phone staff and supervisors shall not dispatch any call or trip to any driver or on behalf of any driver by means of a pager or other similar communications device including but not limited to telephones with the exception of Para Transpo runs which shall be distributed in accordance with Appendix 3

1208 The Company shall ensure that there is no preferential treatment to any individual in respect of taxi dispatch services

1209 The Company shall employ a sufficient number of trained staff to serve the business in an efficient and expeditious manner

1210 When the Company dispatches a fare to an address that is different from the stated address of the caller the Company shall pay twenty dollars ($2000) to the driver dispatched

1211 The Company shall ensure that no derogatory remarks andor profane language is directed by the dispatchers and phone staff to drivers and vice versa The Company shall ensure that dispatchers and phone staff perform their duties in a polite businesslike and courteous manner at all times

1212 When a cancellation is received through the computerized dispatch system within the lead time of the Zone of the original call being placed

Collective Agreement laquoCompany)) Page 10

and the telephone number given at the time of the cancellation matches the telephone number given at the time of the request for the taxicab andor when a vehicle is dispatched to a non-existent address that is confirmed by the dispatch Supervisor the vehicle sent to that address would be placed in the first available position in the priority queue (given a No load)

bull No Load Priority Cancellation Local Incomplete Address

1213 In the event of a failure or malfunction of the computerized dispatch system the Company agrees that after a maximum of ten (10) minutes the addresses of the calls waiting will be made known to the drivers by voice In the event the server(s) is down for longer than twenty (20) minutes the Company must credit every driver in the bargaining unit an equal amount using the following formula five hundred dollars ($50000) divided by the total number of drivers in the bargaining unit to a maximum of two (2) crashes per month The Company will be entitled to two (2) downtime occurrences per month for upgrading and maintaining dispatching software and call centre hardware The Company agrees to notify the Union of the time and date of any organized shutdown The Company shall use its best efforts to have the shutdown during non-peak hours

1214 The Company agrees that dispatchers shall co-operate in every way possible to aid an employee who reports himself in danger The dispatcher shall not assess for himself the degree of urgency in any distress call and shall utilize nearby taxicabs andor police to provide aid

1215 (a) Time Calls

Time calls are prearranged calls Pre-arranged fares going to the Airport Train or Bus Station or downtown will also be considered a time call Time calls will be dispatched fifteen (15) minutes prior to the requested time to the first car booked on the corresponding stand

Out of town fares are calls reserved at least one ( 1) hour prior to the requested time It must have an estimated destination exceeding 100 kms or be on the middotflat rate sheet These fares will be dispatched forty-five (45) minutes prior to the requested time

The dispatcher may increase lead-time for time calls or out of town calls if weather traffic road conditions or the distance to locations warrant it

Collective Agreement ccCompanyn Page 11

(b) No information will be given out by the dispatch staff concerning fares coming into the Company office except for requests concerning the number of time calls to be dispatched between the next time period of 330 am - 630 am Dispatchers shall upon request inform the driver of the number of time calls to be dispatched during the next time period of 330 am - 630 am Dispatchers shall not give out any information with reference to the location of any time calls

1216 It is agreed that any concessiontaxi stand fares must be dispatched to drivers booked on the sub zones If no drivers are booked on the sub zone the fare will be dispatched as a regular fare If no drivers are booked on the zone the fare will be displayed on the main zone only as a fare waiting

1217 Attributed Call

These are calls where a special circumstance is made known to the Callshytaker and drivers are not forced to accept

Attributed calls shall include calls originating from the following locations or where the special circumstance indicated is made known to the phone staff

1 Bars -(except those listed as Messages) 2 Parcels 3 Wheel Chairs 4 Animals -(except guide animals) 5 Bicycles 6 Moving Jobs 7 Station WagonsNans 8 Boosts 9 No-Van Calls

Calls originating from the following addresses will be sent out as messages however should there be a Call-back for any of these addresses the Call-back shall be dispatched as a Local to the first car booked on the appropriate Zone

(a) OConnorsAMC Theatres (Kanata Centrum)

(b) Vox LoungeCock amp Bull (Bells Corners) (c) Park n Rides

(i) Baseline Station (ii) Fallowfield Station

(d) Grace OMalleys (Merivale and Capillano)

Collective Agreement ccCompanyu Page 12

1218

(e) (f) (g) (h) (i) (j)

Sergeants Pump (Merivale Rd) Coliseum Theatres Bayshore Transit Eagleson Transit Station Kanata Town Center Terry Fox Transit Station

For the purpose of article 1224 the following hours are considered peak periods

(i) During the months of November December January and February Mon - Fri 700 AM - 500 PM Thurs - Sat 500 PM - 300 AM New Years Eve 500PM-500AM New Years Day

(ii) During the months of March April and October Mon - Fri 700 AM - 300 PM Fri amp Sat 11 00 PM - 200 AM

(iii) For Canada Day 400 PM - 200 AM for

Christmas Day New Years Day (except as outlined above) Good Friday Easter Monday and Thanksgiving Day are exempt from the above

1219 Fares originating in the City of Ottawa and any other points west of Ottawa including Richmond Ontario shall be dispatched to the first taxicab appropriately booked on the corresponding stand

1220 Weather permitting there should never be a call back from customers due to the late arrival of a cab All fares accepted must be serviced without delay All stands will have a maximum response time limit of fifteen (15) minutes Phone personnel will tell customers that the cab will arrive within 10-15 minutes please be ready

Should the Company receive a Call-Back after the lead-time of a dispatched fare discipline shall be applicable to the affected driver(s) as follows

(a) 1st Offence First written warning and a fine of $2000 will be imposed and collected by way of the drivers account

(b) 2nd Offence Second written warning and a fine of $3000 will be imposed and collected by way of the drivers account

(c) 3rd Offence- Third written warning and a fine of $5000 will be imposed and collected by way of the drivers account

Collective Agreement ((Companyraquo Page 13

(d) 41h Offence- A final written warning and fine of $7500 will be imposed

and collected by way of the drivers account

(e) 5th Offence- Dismissal

Monies collected shall be used to appease dissatisfied customers and to advertise the DJs business

1221 Locals I Freebies

1222

1223

1224

a) b) (c)

These are calls that are dispatched to the first car booked in a Zone (Stand) and the driver accepting said call has a maximum of thirty 30) minutes to complete the call and rebook on the same stand the call was dispatched from in order to be placed in the first available position in the priority queue

Locals shall include calls originating from the following locations

Major shopping centres Groceries A list consisting of a maximum of five 5) addresses

When being dispatched on the Computerized Dispatch System Fare Waiting shall mask all calls or trips for the duration of this Agreement

No calls trips or parcels shall be dispatched on voice except where provided in this Agreement

In recognition of the fact that the Company operates a multi-fleet dispatch operation the Company and the Union agree that the staffing levels of the dispatch operation to service the DJs fleet shall always be no less than one (1) call taker and no more than middotfive 5) call takers One (1) call taker shall always have priority to respond to DJs calls with the balance of the call takers having secondary priority on a cascading basis To address any problems arising from dispatch issues the parties agree to establish a Dispatch Committee of equal representation to meet at mutually agreeable time frame upon request of either party within fifteen (15) days of notice being given by either side Issues may include but not restricted to hardware software or manpowerstaffing The Parties agree to address any such issue in an expeditious and fiscally responsible fashion

When the DJs fleet reaches one hundred and thirty (130) taxi cabs the Company shall add a second call taker having priority to respond to DJs calls but only during peak periods When the DJs fleet reaches one

Collective Agreement laquoCompanyraquo Page 14

hundred and sixty (160) the Company shall increase the number of call takers to two (2) having priority to respond to DJs calls at all times

1225 A list of persons and addresses owing money to drivers for fares not paid shall be compiled by the Company and kept in the dispatch office at all times No requests for taxicabs or specialty services excluding school and contract runs shall be dispatched to these persons andor addresses until the monies owing are paid

1226 Dispatchers phone staff and supervisors shall not remove falsify alter any request for taxicab service placed with DJs taxi dispatch service

1227 The Company shall ensure that dispatchers phone staff or supervisors shall not accept money or other forms of favour or inducements from any person where the objective of such payment is the granting of preferential treatment to any individual in respect of dispatch services

1228 When a call back is received after the lead time of the call in question the dispatch supervisor will send two 2) voice messages at least one (1) minute apart for the driver to come to voice If the driver fails to respond the call will be re-entered as a local call and if said driver is booked into the system heshe will be suspended until there is a response Drivers failing to go on or being late on their calls will be further disciplined in accordance with progressive discipline

1229 The Company shall discipline any driver who assigns a dispatched fare to another driver

1230 (a) The discipline or discharge of a driver who has completed hisher probationary period shall be grievable in accordance with Article 24 of this Agreement The Company agrees that it shall apply the principle of progressive discipline However the Company reserves the right not to apply the principle of progressive discipline for certain offences based on their severity

(b) The Company shall discipline any driver as follows for the specific offences listed below

i) Assigns or redirects a dispatched fare to another driver operating under the OJS roof sign as follows

a) 1st offence- 1 shift b) 2nd offence- 2 shifts c) 3rd offence - 3 shifts

Collective Agreement laquoCompanyraquo Page 15

(ii) Cancels a fare already inputted into the Ziptrack Dispatch System as follows

(a) 1st offence- 1 shift (b) 2nd offence - 2 shifts (c) 3rd offence- 3 shifts

(iii) Telephones the Ziptrack Dispatch System with an illegitimate call as follows

(a)

(b)

(c)

1st offence - 2 shifts and $2500 to the affected driver pajable by the offending driver 2n offence - 4 shifts and $2500 to the affected driver payable by the offending driver 3rd offence - termination of employment

(iv) Assigns or redirects a dispatched fare to another driver operating under another roof sign as follows

(a) 1st offence- termination of employment

For purposes of this provision one (1) shift is a period of twelve (12) consecutive hours for a twelve (12) hour driver and twenty-four (24) consecutive hours for a twenty-four (24) hour driver

1231 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical break down emergency or any other reason(s) not herein listed the dispatcher shall re-dispatch the fare and suspend the driver for one (1) hour

1232 Definitions

Accessible call means a valid request for an accessible taxicab by a person with a wheel chair or is otherwise defined by any statute or regulation thereof

Accessible Driver means a driver who is qualified to drive an accessible taxicab under the applicable By-laws of the City of Ottawa

Accessible Plate means a licence for an accessible taxicab that is issued to a person who has qualified to hold an accessible licence under the applicable By-laws of the City of Ottawa

Collective Agreement laquoCompanyraquo Page 16

middotAccessible Taxicab is a taxicab which is designed to accommodate one or more individuals who require the use of a wheelchair without the need to transfer the individual from the wheelchair which vehicles are otherwise subject to federal and provincial legislation applicable to the transport of Physically Challenged Persons and in respect of which an accessible plate has been issued

Attribute means in respect of a vehicle the association with that taxicab in the Ziptrack dispatch software system of a special feature (or restriction) for that vehicle required for specific types of fares

Call means a request for taxi service received by Ziptrack by a telephone call to the DJs Taxi number 829-9900

Cover or Covered as applicable to a fare means there-dispatch of a previously accepted fare at the request of the accepting driver for valid reason (mechanical breakdown accident or other emergency) in accordance with normal dispatch procedures

Taxi Stand means a space on private property for taxicabs operating under the DJs Taxi roof sign specified under an agreement between Coventry Connections Inc or Ziptrack Inc or a space specifically designated as a taxi stand from time to time on a public street or other public space by the City of Ottawa

Accessible Vehicle Dispatch

(a) It is agreed that calls placed through the dispatch system for an accessible taxicab shall be dispatched only to accessible taxis defined by the dispatch system as an Attribute Where there are no accessible taxicabs booked into the dispatch system and available to accept a call such call shall be displayed as being available on the fare broadcast screen

(b) An accessible taxicab may be dispatched as a standard sedan taxicab at anytime that it is not dispatched on an accessible fare An accessible taxicab shall not be given priority for any type of fare other than an accessible fare An accessible taxicab shall be booked off all zones when any fare is accepted or rejected

(c) The driver of an accessible taxicab is not authorized to reject an accessible fare if he is booked on the dispatch system or is in a queue at a taxi stand or company concession Failure to accept an accessible fare shall be deemed a rejection of an accessible fare and shall be subject to discipline

Collective Agreement ccCompany Page 17

1301

1302

1303

1304

(d) In the event that a driver of an accessible taxicab who has accepted an accessible fare requests to be covered and where such request is granted the driver shall be booked off the dispatch system for a minimum of one (1) hour or until the fare is covered

(e) The driver of an accessible taxicab that rejects or is deemed to have rejected an accessible fare under paragraph (c) above shall be booked off the dispatch system until one ( 1) hour after the accessible fare has been accepted and or service (the record of which not withstanding sub-Article 908 of the Collective Agreement shall be kept for five (5) years

(f) All accessible calls shall be masked by ACCESSIBLE FARE WAITING

(a)

(b)

(c)

(d)

(e)

ARTICLE 13 EMPLOYEES DUTIES

All employees shall perform their duties in a business like professional and courteous manner and shall not use abusive language on the air to customers or to Owners Group Staff

All employees shall be neatly dressed well groomed neat and clean in personal appearance

All employees shall give a receipt on the authorized form of the Owners Group showing the date car number and drivers name when requested to do so by the passenger or whenever there is a dispute over the fare

Subject to the above and except when he has a previous engagement ttle employee shall serve the first person requiring the service of his taxicab except when the prospective passenger

Is disorderly or abusive or poses a health or safety risk In cases of disputes involving intoxication andor health and safety risk and while the well being of the driver is of paramount importance extreme caution and sound discretion must be exercised prior to any refusal At all times the nature of the business that being a service Industry must be borne in mind so each and every situation must be measured on its own merit by the driver

Is in possession of an animal other than a Guide Animal or

Refuses to state his final destination upon entering the taxicab or

Has not paid a previous fare or

Refuses to pay in advance for flat rate out of town trip(s) or

Collective Agreement laquoCompanyraquo Page 18

(f)

1305

1306

1307

1308

1309

(a)

(b)

(c)

Has called two (2) cab companies for the same fare

In the event a driver discovers a lost object in the taxicab he shall immediately advise the dispatch supervisor of his findings with a description of the object an approximate idea of who might have left said object along with the pick-up and drop-off addresses of the customer if possible

Within twenty-four (24) hours of an objects discovery the driver shall take said object to the nearest Ottawa police station or to the Ziptrack Inc dispatch office at no cost or when directed to do so within the above mentioned twenty four (24) hours A receipt for said object will be issued if requested

Subject to Article 1305 should the customer wish the immediate return of the lost object the dispatcher shall notify the customer of the approximate metered cost of return from the location of the driver at that time and the employee shall return the object immediately to the customer at the standard metered rate

No employee shall be forced to violate a Municipal Provincial or Federal Law or regulation in the performance of ~1is duties

The Company shall provide the drivers with a list of all current flat rates Upon any changes to said list a new list shall be issued within thirty (30) days following such changes

No person(s) who will be driving under the DJs roof sign except for rehires who have been absent for less than three (3) years shall be hired or permitted to commence employment until

Heshe has successfully passed the test which the Company shall devise and administer with regard to the operation and knowledge of the taxi related Industry Said test shall include but not be limited to the knowledge of the Ottawa-Carleton area but with an emphasis on the areas directly affected by this collective agreement

Orientation by the Operations Manager or his designee on the DJs Taxi charge system

Heshe has been given a six (6) hour in-car training session This session will comprise of accompanying the prospective employee for a period of six (6) hours to learn the stands customer relations specific to DJs Taxi two-way radio booking practices and a general familiarization with the DJs environment The cost associated with this in-car training session shall be

Collective Agreement ccCompanyraquo Page 19

$10000 and said cost shall be borne by the prospective employee Failure to pass any portion of this test shall result in a fourteen (14) day waiting period before the applicant will be allowed to re-do the portion(s) of this sub-article which heshe has failed The cost associated with re-doing a) or c) will be $5000 while re-doing both would be $10000

During this waiting period the applicant will not be allowed to operate under the DJs roof sign No person operating a taxicab under the DJs roof sign will be assigned any duties associated with this sub-article

Tests are given on the first and third Mondays of each month on a first come-middotfirst serve basis by appointment Failure to attend for a scheduled date and or time will result in the forfeiture of the appointment and a new date will be booked on a first available basis only

ARTICLE 14 TECHNOLOGICAL CHANGE

1401 Technological Change means but is not limited to the introduction of changes to the present systems the introduction by the Company of additional radio channels computerized dispatching systems or any other mechanical electrical or other system including but not limited to fuel systems at no cost to the drivers

1402 In the event of any technological change the Company shall notify the Union in writing at least ninety (90) days before the introduction of such changes unless prior discussions with the Union have occurred

1501

1502

1)

2)

3)

ARTICLE 15 SENIORITY

Seniority shall be applied in determining layoffs preference for time off and recall from lay off as set out in other provisions of this agreement

Prior to being offered employment an individual shall be required to present to the Member of the Owners Group and the Company all relevant documentation namely

Valid Ontario or Quebec Provincial drivers license with a current provincial driving record with no more than six (6) demerit points at such time and if applicable has been pardoned for any prior conviction for impaired driving

Applicable Taxi Drivers License

Original copy of a Motor vehicle drivers abstract no older than twentyshyeight (28) days

Collective Agreement laquoCompanyraquo Page 20

4) Letter from previous or present insurer (where possible)

5) Work permit if applicable

6) Proof of Union membership

7) Social Insurance Numbercard or verification from appropriate federal government department of such number

8) A clear Police Criminal Record check no older than twenty-eight (28) days

9) Training as set forth in 1309

The above requirements do not apply to a driver who changes status or moves between Members of the Owners Group or Single Plate Owner or Single Plate Lessee provided the driver does not go more than thirty (30) calendar days without being registered on a taxicab except by reason of a proven medical illness Requirement 9 above does not apply to a driver who had previously driven under the DJs Taxi roof sign within the previous twelve (12) months Nevertheless each driver is required to register such changes with the Company To facilitate the drivers ability to register such changes the Company office shall be open from 830 am to 200pm daily except Saturday Sunday and Statutory Holidays

1503 The Owners Group shall recall laid off employees in the reverse order of lay-off

1504 A driver injured or ill should notify the Company and the Union within two (2) weeks of his absence and should arrange to provide a detailed mediqal certificate as evidence of injury or illness and an estimated time of return signed by a doctor in order to preserve his seniority Only an employee returning from an absence of eighteen (18) months or less due to injury or illness shall be returned to his previous vehicle provided that said vehicle is still working as a taxicab if it is not he shall be returned to another vehicle on the same shift he had prior to his injury or illness

A driver replacing another driver who is on sick leave shall be notified of his status by the Owners Group and the Owners Group shall notify the Union of all details

An employee returning within 30 days from an absence due to injury or illness shall be returned to his previous vehicle provided said vehicle is still working as a taxicab and if it is not heshe shall be returned to another vehicle

Collective Agreement laquoCompanyraquo Page 21

1505

(a)

(b)

(c)

(d)

An employee returning to work after thirty (30) days but less than eighteen (18) months from the commencement of hisher injury or illness shall be returned to work displacing the most junior driver driving with the individual member of the Owners Group

Clarity Note (i) A twelve (12) hour driver returning from illnessinjury shall be returned to a twelve (12) hour shift car by replacing the most junior driver driving Should the most junior driver be driving a twenty-four (24) hour car heshe would then be offered the shift remaining after the returning driver has chosen

Clarity Note (ii) A twenty four (24) hour driver returning from illnessinjury would replace the most junior driver and assume hisher shift

Clarity Note (iii) Returning employees shall be given the first available car corresponding to their previous shift

An employee shall lose seniority and as such will cease to be an employee upon

Voluntarily quitting or resigning

Being discharged for just cause and not having been reinstated through the grievance or arbitration procedure

Failing to rent an available vehicle when duly notified of same while on layshyoff except or for certified medical reasons

Being laid off being without a valid work permit or being without a valid Provincial drivers license or appropriate Municipal taxi drivers license for a length of time equal to that employees seniority or twelve (12) months whichever is less

ARTICLE 16 COMMITIEES

1601 A UnionManagement committee shall be appointed consisting of up to three (3) representatives from the Union and up to three (3) representatives from the Company This committee shall meet every six (6) months for the purpose of discussing matters of mutual concern

1602 A safety committee consisting of at least two (2) representatives of the Union and two (2) representatives of the Owners Group shall meet at a mutually agreeable time frame upon the request of either party within thirty (30) days for the purpose of discussing matters of mutual concern Minutes will be kept of each meeting

Collective Agreement laquoCompany Page22

1603 A rules committee consisting of up to three (3) representatives of the union and of up to three (3) representatives of the owners group shall meet at a mutually agreeable time frame upon the request of either party within thirty (30) days for the purpose of negotiating changes to existing rules and for discussing any new rules prior to their implementation

1604 To address advertising the parties agree to establish an Advertising Committee of equal representation to meet at mutually agreeable times upon request of either party within fifteen (15) days of notice being given by either side The Committee shall be responsible for a budget of $2625000 over the term of this collective agreement which sum shall be spent to advertise and promote the DJs business

The parties must agree when and how the advertising will be allocated However the parties agree that advertising would include

bull Flyers bull Newspaper Ads bull Promotional Items (eg fridge magnets) bull Radio

ARTICLE 17 SAFETY AND HEALTH

1701 It is understood and agreed that driver safety is important to the individual employee and to the industry as a whole The Owners Group and employees agree to exercise their rights and to fulfil their obligations in accordance with this understanding The Owners Group will continue to encourage and welcome safety recommendations for the safety and health of drivers during their working hours

1702 The employer shall supply only safe and roadworthy vehicles and the equipment contained therein and the vehicles themselves shall be maintained in good working order Each rental vehicle shall meet the mechanical fitness standards as defined in Provincial legislation

1703 The Company agrees to pay the premiums to an insurer chosen by the Company to provide term life insurance coverage in the amount of ten thousand dollars ($1000000) for all employees provided that the affected employee has a minimum of one (1) year seniority under the DJs Taxi roof sign and is actively working on the day he attains this one ( 1) year seniority

All claims and payments shall be in accordance with the terms of the master policy of the insurer and the Company shall not be liable for any

Collective Agreement laquoCompanyraquo Page 23 middot

bull

non payment by the Insurer This insurance coverage will not be provided to any driver who is 65 years or older at any time during this agreement

The Company shall aid in collecting monies by allowing a cash donation box to be set up at their office for driver(s) involved in serious accidents The Company shall not be responsible for said box

1704 The Company shall supply a safety shield for the company owned rental vehicle when requested by that driver

All rental drivers who request a shield must continue to operate on a vehicle that is equipped with a safety shield so long as said driver is operating under the DJs roof sign provided one (1) is available Company rental drivers working with a shield shall have the option of refusing to operate any spare rental vehicle not equipped with a safety shield However once a driver accepts a spare rental vehicle not equipped with a shield he will be deemed to have given up his right to exercise this option on the same shift

ARTICLE 18 WORK WEEK

1801 The Owners Group agrees that the employees shall determine their work week subject to the provisions of this agreement

1802 The Owners Group agrees that the work week shall be based on seven (7) days

1803 Rental drivers shall pay their weekly rental over six (6) days and have the use of the vehicle for seven (7) days

1804 Stand rents for car owners shall be calculated weekly paid monthly or weekly at the discretion of the employee but limited to one change in the payment structure per calendar year Any reduction is to be calculated on a weekly basis and there shall be no reduction given for anything less than seven (7) consecutive days off except where provided in this agreement

1805 Shifts shall be mutually agreed upon by the partners on the vehicle and in case of dispute shifts shall commence at 400am and 400pm The change-over location shall be mutually agreed to by the partners on the vehicle and in case of dispute change over shall be at the Companys office

ARTICLE 19 STATUTORY HOLIDAYS

Collective Agreement laquoCompanyraquo Page 24

1901 (a)

(b)

All rental drivers (12 amp 24 hours) of the Owners Group shall be entitled to the following days off provided that they have worked more than three (3) consecutive months under the Companys roof sign

All single plate owners (SPO) and single plate lessees (SPL) shall be entitled to the following days off provided that they have completed three (3) months of service under the Companys roof sign and they shall not be charged plate rent or stand rent for said statutory holidays

Employees meeting the criteria outlined in (a) and (b) above shall be given credit for said days whether they choose to work or not Credits for statutory holidays shall be given at the time that payment is made for the period covering the day of the holiday

New Years Day Family Day Good Friday

Victoria Day Canada Day Labour Day

ARTICLE 20 TIME OFF

Thanksgiving Day Christmas Day Boxing Day

2001 All rental drivers (12 amp 24 hours) shall be entitled to four (4) weeks annual time-off

All single plate lessees (SPL) shall be entitled to five (5) weeks annual time-off for which they shall not be charged stand rent for time-off taken During said time-off heshe shall not be charged plate rent for the first four (4) weeks

All single plate owners (SPO) shall be entitled to seven (7) weeks annual time-off During this period they shall not be charged stand rent

SPOs and SPLs outlined above will be granted their requested time-off entitlement provided they have no balance owing and provided that a minimum of one (1) week written notice is given to the individual Member of the Owners Group (MOG) and the Company and provided further that said drivers have a minimum of one (1) completed year of uninterrupted service under the Companys roof sign

In cases of accidents and major breakdowns involving SPO and SPL no notice period will be required for time-off and credits for such time-off will be based on daily increments

Where a SPOor a SPL has used all hisher allotted time off and said SPO or SPL has an accident or major breakdown heshe will be given up to a maximum of ten (1 0) additional days of time off and during said time

Collective Agreement laquoCompanygtbull Page 25

heshe shall not be charged any stand rent subject to proof of inoperability of the vehicle being provided

In the case of SPOs and SPLs extended time-off will be allowed for overseas trips All rents must be paid in advance to cover the time off for the extension

Explanation Car owners time off is only when the car is off the road If the SPO or SPL puts a driver on the car it is not considered part of this time off

2002 Single plate owners and single plate lessees will be responsible for arranging for time off for their drivers

2003 Time off may be taken weekly or bi-weekly at the employees discretion Provided further where the employee has taken a minimum of one (1) week heshe may take additional days) of less than weekly increments) in conjunction with the one 1) week

2004 Time off must be taken during the calendar year and cannot be accumulated over more than one calendar (1 year

2005 The MOG SPL and SPO agree that roof signs taxi plates and all other items (computer equipment will remain with the Company during the employees time-off and in the case of rental drivers the rental vehicle will be returned to the vehicle owner

ARTICLE 21 INSURANCE

21 01 Every car owner has the right to obtain insurance from the broker or Company of their choice without interference from the Owners Group

2102 The Owners Group shall upon written request from an employee who is presently insured by a member of the Owners Group provide written details of claim settlements and accident records

2103 The Company shall provide at no extra cost motor vehicle insurance coverage with collision provision deductible not exceeding $75000 or the cost of repair whichever is less for each at fault accident

21 04 The Company shall provide at no extra cost comprehensive coverage with zero deductible including but not limited to middotfire and theft It is agreed and understood that comprehensive coverage does not cover driver owned equipment

Collective Agreement Page26

21 05 The Company shall provide accident benefit coverage as set out in the OAP 1 of the Ontario Automobile Insurance Act and shall abide by the guidelines and statutory conditions as set out by the Insurance Company with whom the Company is insured

2106 With respect to Articles 2103 2104 and 2106 above which applies to accessible shift vehicles only) the Companys obligation is to provide insurance coverage only Any determination of whether a driver is entitled to insurance benefits andor whether a claim shall be paid or denied in any given situation shall be the sole and exclusive responsibility of the Insurance Company

2107 A driver who is insured through the Company shall provide the Company with a Motor Vehicle Drivers Abstract one month before the annual renewal of the Companys insurance policy A driver shall provide additional Motor Vehicle Drivers Abstracts as requested by the Insurer

21 08 The Companys insurer may judge a driver to be a high risk and may assess a surcharge accordingly A driver who is found tomiddot be a higher risk will bear the cost of any such surcharge

21 09 A driver insured by the Companys insurer who is involved in an accident shall regardless of whether he or she was at fault notify the dispatcher immediately The driver shall indicate whether the accident should be reported to the police and whether the customer or driver require medical attention Following notification of the dispatcher the driver shall remove the roof sign from the vehicle and record to the best of his or her ability all relevant information The driver shall bring the relevant information to the office within 24 hours of the incident excluding weekends and holidays)

2110 Drivers are responsible for the replacement of all lost or stolen antennae andor roof signs

2111 The Company shall pay the full El payments for all rental drivers In the event of an increase in the premiums during the life of this Collective Agreement drivers shall pay the drivers share of the increase

2112 All drivers who are insured through the Company obtained insurance must sign the Companys insurance agreement prior to commencing work The Company shall provide insurance agreements with no more than a $75000 deductible to be paid after the accident The amount shall be paid at the rate of $1000 per shift until fully paid

Collective Agreement ((Companyraquo Page27

ARTICLE 22 TAXI PLATE SALES

2201 1 Members of the Owners Group shall be able to sell plate(s) in the following manner

2202

(a) A notice of its intent to sell plate(s) shall be posted and announced over the dispatch system for a period of three (3) days and shall be offered to the lessees and rental drivers in the bargaining unit

(b) Where there is more than one interested applicant the plate(s) shall be offered based on seniority and plates sold shall be the plate of the most junior lesseedriver

Where the sale will result in the layoff of a driver that driver shall be recalled prior to any new hires by all Members of the Owners Group

2 Where there are no applicants the Member of the Owners Group will sell the last leased plate at their discretion Any driver laid off shall be recalled prior to any new hires by all members of the Owners Group

3 Sale of More Than One Plate at One Time

4

5

The Owners Group has the right to sell to whomever they choose provided that no one is displaced

In the event that the most junior lessee is displaced as a result of the sale of the plate the Company agrees to pay to the displaced lessee no more than fifty-five thousand dollars ($5500000) in the first year of this Agreement and according to the succession plan as outlined in article 23 for the following years of this Agreement This would apply only if the said lessee has complied with the succession plan as per article 23

An individual Member of the Owners Group shall not require any of his drivers to give up their rights under this Agreement and work under another roof sign without the drivers written consent given before a Notary Public for Ontario The Union shall be supplied with copies of the consents

In the case where a Member of the Owners Group is leasing a taxi plate and the Member of the Owners Group has a car under this plate and this vehicle is then rented out on a 12 or 24 hour rental this article then does not apply The Owners Group cannot be held responsible for any damage or compensation that may arise from the actions taken by the 3rd party

Collective Agreement laquoCompanyraquo Page28

2301

2302

2303

1

2

3

4

ARTICLE 23 SUCCESSION AND TAXI PLATE LEASES

Definition

The process by which the lessee of a Company-owned taxi license plate having determined that heshe wishes to retire andor otherwise terminate hisher relationship with the Company and having officially notified in writing both the Union and the Company of hisher intention to do so offers the opportunity to hisher driver to be the lessees successor all in accordance with the conditions sot out in this Article

In order to be eligible to offer a lease for succession the lessee must have been a party to a valid taxi plate Leasing Agreement with the Company for a minimum of one (1) year and have two (2) years of continuous uninterrupted service operating a taxi vehicle under the Companys roof sign The lessee must also be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

In order to qualify as a successor the driver must be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

An offer for succession shall follow the following order

No offer for succession can be made until the day after the final version of the seniority list as outlined in Appendix 2 has been agreed upon and signed-off by the Parties

The lessee must notify the Company and the Union in writing of hisher intention to exercise the option of succession and the projected date of the succession

The taxi plate lease shall be offered to the lessees current driver (if any) who shall have thirty (30) days to reject or accept the succession

If the offer is rejected or thirty (30) days have passed since the offer was made the taxi plate lease shall be offered to the drivers who are not single plate lessees (SPL) or a single plate owner (SPO) on the seniority list who shall have thirty (30) days to reject or accept the succession

Collective Agreement ltltCompanygtgt Page29

5

6

2304

2305

2306

2307

2308

2309

The most senior driver on the seniority list (who is not a single plate lessee-SPL or single plate owner-S PO) who accepts the succession shall be the successful incumbent lessee

In the event that no driver accepts the succession the lessee may ask that his request for succession be held in abeyance until such time as an incumbent lessee is found or may retire andor otherwise terminate hisher relationship with the Company at the time of hisher choosing In the event that the lessee retires andor terminates hisher employment relationship the taxi plate shall be returned to the Company and assigned to the next senior eligible driver as per the Companys past practice

The succession shall be valued at no more and no less than fifty-five thousand dollars ($5500000) except as modified as per sub-Article 2308 The driver (incumbent lessee) shall pay to the lessee the full value of the succession fee within sixty (60) days of the date of acceptance of the offer Once the driver has paid the succession fee the driver becomes a single plate lessee for the purposes of this Collective Agreement and will assume all rights duties responsibilities and obligations of a single plate lessee as set out in this Collective Agreement

The Parties agree that any monies or other considerations paid to a lessee at any time other than the time set out in sub-Article 2304 above shall not be counted towards the succession fee

The amount of $300000 (plus HST if applicable) shall be paid to the Company as a consulting fee by the incumbent lessee no later than the day before the day the incumbent lessee becomes a single plate lessee for the purposes of this Collective Agreement

Any lessee who exercises the succession option voluntarily terminates hisher employment with the Company and loses all seniority A driver who wishes to subsequently be rehired by the Company as a driver shall be placed at the bottom of the seniority list The driver will be eligible to become a lessee two (2) years from the date of hisher rehiring

The amount set out in sub-Article 2304 shall be increased annually on the date of the plate and stand rent increases set out in Article 27 of this Collective Agreement The annual increase shall be the same as the average of the percentage increase in the plate rent and the stand rent for that year

In the event of the death of a lessee and provided the lessee is up to date with all payments to the Company and has no outstanding amounts owing to the Company whatsoever the lessees estate shall have up to six (6) months from the date of death to exercise the option of succession

Collective Agreement laquoCompanybullbull Page 30

2310

2311

(a)

(b)

(c)

2312

Leasing agreements must be entered into provided they do not conflict with the terms of this Agreement

Without limiting the generality of 2310 in any way whatsoever a leasing agreement shall contain the following provisions

The lease shall terminate automatically for failure to fuHill any term of the lease including but not limited to failure by the lessee to fulfill any financial obligation or failure by the lessee to obtain replacement insurance in the event of cancellation of insurance

The lessee shall be the principal driver of the taxi vehicle which is attached to the taxi license plate

This Collective Agreement between the parties shall be the entire agreement and there shall be no other fee condition or other obligation except those set out in the Collective Agreement

All leased plates shall remain as such and shall not be converted to rental vehicles for the duration of this Agreement provided there are persons willing to leased said plates

ARTICLE 24 GRIEVANCE PROCEDURE

2401 A grievance shall include any issue regarding the interpretation administration application or alleged violation of this agreement It is the mutual desire of the parties that complaints of the drivers be adjusted as quickly as possible To that end the parties have adopted the following grievance procedure

STEP 1 A driver may bring his complaint to the Supervisor of the Members of the Owners Group If the driver does bring his complaint to the Supervisor he must do so within twenty (20) days of the incident or of he having knowledge of this incident giving rise to the complaint Where the complaint is brought forward it must be given to the Supervisor and the Supervisor shall reply within two (2) working days

STEP 2 Failing settlement of the complaint at Step 1 or where the driver has chosen not to avail himself of Step 1 the driver must file the grievance in writing within twenty (20) days of the incident or omiddotf he having knowledge of this incident giving rise to the grievance The grievance must be referred to the Member of the Owners Group claimed to be responsible andor any other person designated by the Member of the Owners Group Grievances shall be dealt with at the Step 2 meeting which shall be scheduled on the 3rd Wednesday of every month This monthly Step 2

Collective Agreement ccCompanyraquo Page 31

meeting shall be one meeting held at the Companys office Where the grievance involves the discharge of a driver the parties agree to meet within ten (1 0) working days of the filing of the grievance A representative of the Union shall be present at all step 2 meetings The Member of the Owners Group must respond within three (3) working days of the meeting

2402 Should a group grievance or a Union or policy grievance develop it shall be filed at Step 2 within twenty-five (25) days of the incident giving rise to the grievance or of the drivers or Union having knowledge of this incident

2403 Failing settlement under the above the matter in dispute may be taken to arbitration in accordance with article 26

2404 Drivers employed by single plate owners and single plate lessees may not grieve matters or disputes arising between the driver and the single plate owner or single plate lessee A committee shall be set up and made up of equal numbers of Uniondriver and Company personnel to assist in resolving disputes between the drivers and single plate owner and single plate lessee The committee shall have the power to determine a procedure to be followed as well as to determine fault and penalties

ARTICLE 25 ARBIrRATION

2501 After exhausting the provisions of the grievance procedure either of the parties may submit a grievance to arbitration either expedited or formal in writing within thirty (30) days of the Step 2 reply or if there is no reply within thirty (30) days after the expiration of the time limits to provide a reply

2502 Unless otherwise mutually agreed by the parties all grievances referred to arbitration not relating to an indefinite suspension a discharge or any separation of employment or to the interpretation of the collective agreement group grievances and policy grievances shall be referred to the expedited process

Grievances referred to arbitration in respect of indefinite suspensions discharge or separation of employment for any reason or to the interpretation of the collective agreement and group grievances may only be referred to this expedited process by the mutual agreement of the parties

2503 Within fourteen (14) days after notice has been given that the grievance will proceed to formal arbitration the parties shall meet and agree on a single arbitrator If the parties cannot agree on an arbitrator within this time limit either party may request the Minister of Labour to appoint an

Collective Agreement laquoCompanyraquo Page32

arbitrator and this appointment shall be binding on both parties In respect of the cost of arbitration of formal grievances the parties shall share equally the fee and expenses of the sole arbitrator

2504 The formal arbitrator shall have the right to exercise all the powers provided by the Labour Relations Act as amended from time to time

2505 The Arbitrator must hand down a written decision within sixty (60) days of the date of the hearing

2506 As an alternative to the formal arbitration process set out in the foregoing paragraphs a grievance may be referred to a previously agreed-upon person who shall hear the grievance and who shall at the conclusion of the hearing give a decision immediately Such decisions may not be used to alter modify or amend any part of the collective agreement and are made without precedent or prejudice to similar or like cases Such a decision shall be final and binding upon both parties and no further action may be taken on that grievance by any means whatsoever

2507 To maintain the efficiency of this expedited process the parties shall schedule a minimum of one (1) day of arbitration every three- (3) months except in those circumstances where either party deems it necessary to schedule the arbitrator more frequently

2508 The parties shall share equally the fee and expenses of the persons selected to hear the expedited arbitration cases

2509 At all expedited arbitration hearings the Company or Member of the Owners Group shall be represented by a member of their management and the Union shall be represented by a Union staff representative or an officersteward of the Local Union

2510 The Union shall forward to the representative of the Member of the Owners Group a list of the expedited grievances to be heard on the day or days scheduled for the hearing of grievances according to the expedited arbitration procedure The aforementioned list shall be forwarded to the representative of the Member of the Owners Group no later than ten (10) working days in advance of the hearing unless otherwise mutually agreed

2511 By exception a party may call one (1) witness at an expedited arbitration

2512 Prior to proceeding to formal or expedited arbitration and at least thirty (30) days prior to the date of arbitration the parties may upon mutually agreement request that any grievance be referred to a mediator to act as a grievance mediation officer for the purpose of attempting to

Collective Agreement laquoCompanyraquo Page33

mediate a settlement of the grievance The parties shall share equally the fee and expenses of this officer

ARTICLE 26 TAXI PACKAGE

2601 The employer shall provide to the rental driver at no extra cost motor vehicle insurance with a collision provision deductible not exceeding $50000 for each accident at fault

The Owners Group shall also provide to the rental driver at no extra cost comprehensive coverage with zero (0) deductible including but not limited to fire and theft It is agreed and understood that comprehensive coverage does not cover driver added equipment

2602 Each rental driver shall be supplied for a daily twelve (12) or twenty-four (24) hour period at no extra cost a roadworthy safe sedan four (4) door taxicab with proper weather resistant tires for all seasons and with a seating capacity for not less than four (4) passengers containing

2701

2702

2703

1 A roof sign 2 A sealed taxi meter 3 A two-way radio 4 A full size spare tire subject to space limitations 5 A tire tool 6 A jack 7 A mike clip 8 A full tank of gas at start date 9 Air conditioning on replacement vehicle where possible 10 An electric rear window defroster or blower

Any equipment owned by the Owners Group that becomes inoperative shall be repaired as soon as possible

ARTICLE 27 RENTAL CHARGES AND TERMS OF AGREEMENT

This agreement shall take effect upon ratification and be binding on both parties for three (3) years and shall continue for annual periods of one year each unless either party gives at least one hundred and twenty (120) days notice that it wishes to amend this agreement

It is agreed and understood that this agreement will remain in full force and effect until amended by negotiations

Rates shall be as follows

Collective Agreement laquoCompanyn Page 34

712011 712012 712013

Stand Rent (monthly) $43900 $45000 $45900

Plate Rent (monthly) $71926 $75000 $75960

Daily Car Rental 24 hr Regular Plated $9700 $9700 $9700

24 hr Accessible Plated $10500 $10500 $10500 12 hr Regular Plated $6700 $ 6700 $6700

12 hr Accessible Plated middot $8300 $8300 $8300

Credit Card Transaction 50 50 50

Debit Card (per) Transaction $065 $065 $065 (To the Driver)

POS Rental Fee (monthly) $800 $800 $800

POS Insurance (monthly) $300 $300 $300

Note The above rates do not include HST

Note For purposes of car rental rates the weekly rents shall be six (6) times the daily rent

Note It is recommended that drivers use Company supplied POS machines and systems

2704 Employees shall pay all monies owed to the Company in the following manner Monthly By the 5th business day of the month

2705 Any employee failing to pay monies by the above dates and times shall be suspended and not reinstated until the monies are paid in full and credited to their account

2706 Employees shall be entitled to pay their rents to the company by company approved charges cash and cheque - provided the employee has at least one (1) year of seniority

Employee(s) who have one (1) cheque returned NSF shall be suspended immediately upon the company receiving notification from the

Collective Agreement ((Company Page35

bank shall lose such privilege for twelve (12) months and shall be charged the appropriate charges

ARriCLE 28 GENERAL

2801 The Company and drivers shall maintain its internal company charge system and accept major credit cards which currently include Visa Mastercard American Express and Diners Cluben Route as approved by the Company

2802

2803

2804

2805

2806

2807

This system shall continue for the duration of this Agreement so long as external factors outside the Companys control do not prevent the Company from doing so Drivers shall be entitled to cash their charges provided they do not have any outstanding balances at the offices of the Company during the hours of 0830am to 400pm Monday to Friday except holidays The Company shall make available to the employees during normal business office hours receipt cards and credit card slips All credit card charges must be authorized

Drivers shall pay a fee of five (5) of all credit card charges that they redeem

Except as otherwise provided in this agreement all passengers shall be treated in a polite professional courteous and businesslike manner at all times by both the Owners Group and the employees

If requested a properly signed receipt shall be furnished by the owner for all payments made by the driver (If requested said receipt shall show a breakdown of all payments made by the driver and the dates for which they apply) For the purposes of this clause a numbered computer receipt shall be deemed to be signed

The employees who own their own vehicles whether or not they own their own license shall have absolute choice as to where their vehicle is to be repaired andor maintained

No employee either full-time or part-time shall abuse or mistreat any vehicle or equipment (ie roof sign radios meters and aerials)

The Owners Group agrees to work with the Union to lobby the City of Ottawa to allocate stands where necessary and appropriate

The Company agrees to provide the Union with the rules covering the stands controlled by concession agreements

Collective Agreement ccCompanyraquo Page 36

bull

2808 Subject to the provision of adequate insurance coverage all car owners shall be free to place a second driver or a third driver on their vehicles should they require without interference from the Company

2809

2810

2811

2812

2813

2814

In the event the Company refuses an individual employment as a second driver or as a third driver the Company agrees that such refusal may be the subject of a grievance and the onus of proof shall rest with the Company to show just cause for such refusal

The parties agree that no vehicle will have more than three (3) drivers at any one (1) time

The Company shall take reasonable steps to maintain all current concession agreements for the duration of this agreement The Company shall take all reasonable steps to obtain additional concession agreements

The Company shall have a phone line separate from the dispatch office so that drivers business people friends of the office staff may call through middot without having to tie up the dispatchers time The separate phone line may be used by the dispatch office during non-business hours

Time-off without rental fees or loss of seniority will be given to those members of the bargaining unit who are called for jury duty Rental driver(s) must park their rental vehicle(s) at the Companys premises should the jury duty go beyond three (3) days

The Company shall maintain a drivers waiting area As well the Company shall allow the drivers to use the telephone in the office for local calls only pursuant to the current past practice

In the event of an assessment to the CompanyOwners Group by WSIB in relation to the provision of WSIB benefits for the Bargaining unit personnel the CompanyOwners group and the Union agree to renegotiate in good faith the rates set out in Article 2703 Where the parties fail to reach agreement on the issue the matter shall be referred to an arbitrator for full and final settlement

When a customer complaint is received by the dispatcher the latter will advise the customer that an authorized representative of the Company will handle the complaint in an expeditious manner Upon request by the Union the Company shall provide a copy of the computer printout and all other relevant information including but not limited to any taped conversation related to the complaint being investigated The privacy of the customer is paramount and will at all times be respected

Collective Agreement ccCompanybullbull Page 37

2901 (a)

(b)

ARriCLE 29 BEREAVEMENT LEAVE

The Members of the Owners Group agree to grant affected employee(s) the necessary time off of up to four (4) days without fees at the time of death of the following relative(s) of said employee(s) father mother spouse (includes common-law) child brother sister mother andor fathershyin-law

The Members of the Owners Group further agree to grant to affected employees two (2) days without fees at the time of death of the following relatives of the employee sister andor brother-in-law and grandparent

ARTICLE 30 SOCIAL JUSTICE FUND

3001 The Company shall pay to the Union an amount of eight hundred ($80000) dollars per collective agreement year with such amounts being made payable to the CAW Social Justice Fund Inc Said amounts shall be paid by separate cheque by the last day of February in each year of this collective agreement A tax receipt shall be supplied to the Company on receipt of said amount

ARTICLE 31 SAFETY BANQUET

3101 The Company agrees to contribute seven hundred and fifty dollars ($75000) to the Unions annual Safety Banquet in each year of the Collective Agreement

SIGNED THIS DAY OF APRIL 15 2012

FORTH~

~~

Collective Agreement laquoCompanyraquo Page38

Collective Agreement laquoCompanyraquo Page39

SCHEDULE 11 A 11 LIST OF THE OWNERS GROUP

Coventry Connections Inc

Collective Agreement ccCompanyraquo Page40

SCHEDULE nan EXISTING CUSTOMS RIGHTS AND PRIVILEGES

1 There shall be no charge for the receipt cards

2 There shall be no charge for credit card vouchers subject to suppliers (third party) availability and conditions Should the Company pursue a course of action leading to Point of Sale terminals which usage will include Debit transactions Decremental Cards and Credit Cards there would be a charge for paper usage

3 The drivers shall choose their own working hours during their shift

4 Reasonable accommodation shall be given to payment of outstanding debts for accident(s) The following minimum payments are required

A) Up to $1 00000 - $ 1 000 per day

B) Over $100000- $2000 per day

Agreed to on the understanding that this does not apply to spare cars

Collective Agreement laquoCompanyraquo Page 41

SCHEDULE C RULES AND REGULATIONS

1 The following articles of clothing are not acceptable forms of attire at OJS

(a) Sweat pants and shorts except for dress shorts Dress shorts will be allowed from April to Labour Day Drivers caught wearing inappropriate shorts will be given one (1) warning and any future occurrence with regards to inappropriate shorts will cause them to lose the right to wear dress shorts for the duration of that season Shorts can be no shorter than three (3) inches above the knees

(b) T-shirts (except Union decaled T-shirt) without lapels tank tops and muscle s1middot1irts

NB Clothing andor other attire with obscenities profanities or sexually degrading remarks are not acceptable Hair must be clean and neat Faces must be clean-shaven or beards neatly trimmed Clothing must be tear and rip free with no visible patches and is to be cleaned and ironed as required Socks must be worn at all times with all types of footwear except for sandals

2 Drivers must be courteous and pleasant at all times and must conduct themselves in a professional business-like manner

3 There is to be no abusive foul language or gestures directed at customers or the general public

4 Consumption of alcohol or drugs will not be tolerated prior to the commencement of a shift andor while driving

5 There wiil be no arguing and fighting among drivers or other DJs personnel under any circumstances

6 No playing of cards or any other games of chance is allowed at any time when working This includes any form of gambling or betting on the air

7 Profanity or abusive language on the air or in your vehicle is prohibited at all times

8 Use of cell phone during the conveyance of a customer(s) is prohibited

9 Each taxicab and driver shall carry at all times a current street guide Drivers are to make proper use of this guide to avoid unnecessary air time

Collective Agreement ccCompanyraquo Page42

10 Deliveries are to be taken directly to the destination Running other fares while occupied on deliveries will not be permitted unless approved by the dispatcher

11 No messages between drivers are permitted Drivers will receive messages to call home spouse office union office partner or garage

In addition When an authorized Union rep asks the dispatcher to have a member of the bargaining unit call them for union business only this will be allowed and if necessary a phone number will be given

12 Picking up a fare while on the way to an accepted dispatch call will not be permitted

13 Drivers must allow 5 minutes wait at the customers pick-up address

14 Drivers shall take reasonable steps to ensure that they pickup only those fares that they are dispatched to Drivers must check with dispatcher for authorization before taking another fare from same address

15 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical breakdown emergency or any other reason(s) not herein listed the dispatcher shall reshydispatch the fare and suspend the driver for one (1) hour

16 Interference or jamming of the radio is a Federal offence and will not be tolerated

17 When necessary drivers must assist customers with handling of baggage and opening and closing of doors

18 No complaining to customers about short fares or time calls A list of regular short fares will be established and such fares shall be dispatched as Locals

19 At customers request music radio and other sound systems except for the twoshyway radio must be turned off

20 Driver must issue a receipt card upon request by customer Drivers signature must be clearly marked in the appropriate place on the receipt card There is no charge for the issuance of a receipt card

21 No new driver is to commence work until he has been briefed by OJS staff in the operating of our charge account system

22 Some of the guidelines in the operation of our charge account system are as follows

Collective Agreement laquoCompanyraquo Page43

(a) All charges are to be signed with car number (eg-DJ70) and date clearly written

(b) If the fare goes to more than one destination these other destinations are to be clearly marked on the reverse side of the chit

(c) Taxi chits to be signed by the customer and dollar value to be clearly marked

(d) Gift certificates which currently have a maximum value of $500 each are to be accepted at face value and change given as required

(e) Drivers must note on back of chit the drop offpick up address if it is different from address shown on face of chit

Drivers are prohibited from buying other drivers charges whether they be DJS drivers or other cab Companys charges Violation of this rule shall result in the following fines

1st offence -2d offence bull 3rd and subsequent offences-

$5000 per chit $10000 per chit $20000 per chit

plus the face value of each chitCredit Card in all cases

The parties agree that the above penalties are specific penalties within the meaning of the Ontario Labour Relations Act An Arbitrator shall not have the power to alter or modify any penalty imposed under this clause

(f) Drivers must accept all major credit cards approved by OJS Taxi

(g) Drivers are responsible for ensuring that all necessary information is clearly marked on charge vouchers as follows

bull Customers name and signature bull Card number (correct number of digits) bull Expiry date bull Drivers signature and car number (eg-DJ70) bull Ensure proper copies of charges are submitted to the Company for

processing bull No hand written major credit card sales drafts will be accepted

23 All cars are to be cleaned inside and out by 1000 am every day with due regard given to road and weather conditions

Collective Agreement Page44

24 All drivers must ensure that they have change for $2000 at all times and will not be removed from the sheet while getting change provided they are not called

25 No taxicab driver shall charge a passenger for

(a) The cost of proceeding to an establishment for change or

(b) Waiting time while a passenger obtains the change provided the bill presented for payment is of $2000 denomination or less

26 No vehicle to be left unattended with keys in the ignition

27 No person(s) unless authorized by the Company shall accompany the driver in the vehicle while heshe is occupied with a paying fare

28 Taxis must not be left unattended on a OJS taxi concession stand for more than ten (1 0) minutes

29 Only au~horized drivers with valid licenses can operate a taxi-licensed vehicle

30 Roof sign must be removed from vehicle when not on duty or involved in an accident

31 ALL DRIVERS ARE ADVISED THAT IT IS AGAINST THE LAW AND OJS TAXI COMPANY LIMITED POLICY TO REFUSE DOG GUIDES IN THEIR CABS REFUSAL WILL RESULT IN FINES AND DISCIPLINARY ACTION BY THE COMPANY

1st offence - 1 week suspension 2nd offence - 2 weeks suspension

3rd offence - Dismissal No longer working under the OJS roof sign

Accommodating Persons with Disabilities

The Management of OJS Taxi wishes to advise all its employees drivers and others operating under the OJS Taxi roof sign of the OJS Taxi policy with respect to blind passengers whether or not they use dog guides

Under the Blind Persons Rights Act of Ontario no person may either deny any person services customarily available to the public or discriminate against any person with respect to services available to the public for the reason that they are a blind person accompanied by a dog guide

Under the Ontario Human Rights Code every person has a right to equal treatment with respect to the supply of services which includes taxi services

Collective Agreement laquoCompanyraquo Page45

bull

without discrimination because of among other things a disability A disability includes any physical impairment such as being blind visually impaired deaf or hard of hearing

Guide Dogs and Taxi Services Many disabled persons are physically dependent on guide animals in their daily activities Canadians who are blind or visually impaired deaf or hard of hearing or who have other types of disabilities such as epilepsy are dependent on guide animals

Accommodation of these individuals necessitates that they be permitted to take their guide animals with them into taxi cabs Refusing to allow them to do so will infringe on their human rights and is against the Blind Persons Rights Act of Ontario and the Ontario Human Rights Code

This notice will simply repeat what should be apparent to you all that if a blind person with or without a dog guide is refused services by any OJS Taxi driver such actions will result in fines to the driver and other disciplinary action including the possibility of suspension by the Management of DJs Taxi Co Ltd

For more information regarding guide animals please review the attached pamphlet and information sheet published by Dog Guides Canada

Any inquiries concerning this policy should be directed to any member of the Management who will if it is required explain the policy to you

32 Drivers are not allowed in the dispatch office

33 All parking tickets will be paid by the rental driver responsible

34 In order to boost with Company owned taxicabs employees must request an obtain instruction from the garage manager or his designee on the proper method of boosting in order to reduce any risk of injury to the driver passenger and damage to the vehicle(s)

In the event of misuse employees at their discretion may be either disciplined in accordance with the principle of progressive discipline or have the option of reimbursing the Company for the cost of damaged parts

35 Any driver operating a taxi while his drivers license or taxi license is under suspension will be disciplined unless the driver can obtain written proof from the Ontario Ministry of Transport andor the appropriate taxi licensing authority that the driver did not receive evidence that hisher license was suspended or cancelled

36 When necessary or requested all elderly andor disabled customers are to be assisted in and out of taxicab at all times

Collective Agreement laquoCompanyraquo Page 46

37 No stealing fares

38 Drivers are not allowed to book no loads and run the fare

39 Drivers cannot refuse dispatched fares subject to article 1304 andor where the driver believes his safety or health is at risk

40 Failure to come to voice after two (2) requests by the Dispatch Supervisor will result in the Driver being suspended in the computer

41 Dispatch staff will not make phone calls for drivers unless it is an emergency situation

42 There shall be no personalization of any fares or trips placed through the Dispatch System of OJS Taxi except for returns east of but not including the Civic Hospital within the same twenty-four (24) hour period Where a return-call has been prearranged through the Dispatch System prior to the initial call being dispatched then the return-call cannot be personalized

43 Drivers will pay monies owed to the company by 400pm on the day that they are due No driver with an outstanding balance will be allowed to book on the sheet until their account is paid in full to the business office This means credited to their account and a receipt issued

44 Dispatchers shall give the line-up every thirty- (30) minutes except for the months of December January and February On implementation of the Computerized Dispatch this clause will be eliminated

45 All deliveries shall be given out as regular calls except where provided in this agreement and all employees shall have the option to refuse to deliver alcohol When a dispatcher requests a driver to call him for information concerning a delivery the dispatcher will first give the delivery address over the radio to ensure the delivery is being dispatched correctly

46 When drivers book out of their cars to attend scheduled complaint meeting appointments they shall be allowed to remain in their spot on the line up queue passed by for fares and treated by the dispatch as if they are no longer on the sheet

When the affected driver returns to his car and books back in he shall be returned to his position in the line up queue and given his next rightful fare

The maximum time a driver shall be allowed to book out for a complaint meeting is one half-hour

Collective Agreement laquoCompanyraquo Page 47

This rule shall only apply if the affected driver does not incur any discipline as a result of the complaint meeting

47 All cabs at DJS Taxi must have a mike clip and the clip must be used Drivers must pick up their mike when communicating

48 Drivers using vans as taxicabs must have and make use of (when requested or required) a portable step to assist passengers in and out of their vehicles

49 All taxicabs must be free of any body damage and any damage must be repaired within ninety- (90) days

50 Roof signs must be kept in good working order and condition with Company approved logo clearly visible front and rear

51 In order to ensure equipment is compatible with computer dispatch system all new radio equipment must be approved by the Company prior to installation

Collective Agreement laquoCompanyraquo Page48

SCHEDULE D CREDIT CARD POLICY amp PROCEDURES

DRIVERS MUST ACCEPT ALL COMPANY APPROVED CHARGES CREDIT AND DEBIT CARDS

DRIVERS MUST HAVE A POINT OF SALE UNIT AND A MANUAL PRINTER PER CURRENT BYLAW CITY OF OTTAWA

Due to the increased use of fraudulent Credit Cards by customers in taxicabs the following procedures have been developed to protect drivers from falling victim to Credit card fraud When accepting Credit cards the following rules must be followed

Credit and Debit Cards- the following rules must be followed

AUTHORIZATION OF ALL DEBIT AND CREDIT CARDS

All Credit Card slips must be authorized regardless of amount Verification is generally done after the fare is completed but verification of an estimated or known amount can be done prior to the completion of the trip if

bull The destination is beyond the radio coverage area bull The driver has reason(s) to suspect the validity of the card

INFORMATION REQUIRED FOR ACCEPTANCE OF DEBIT ANDOR CREDIT CARD SLIP FOR PAYMENT The completed Credit Card slip must contain all the following information

(a) Vehicle Number (pre-printed on POS slip if not to be written by hand at the bottom of the slip)

(b) Drivers ID Number and Initials (c) Amount of fare and gratuity (if applicable) (d) Authorization number (Pre-printed on POS slip) (e) Date of the fare (Pre-printed on POS slip) (f) The Debit or Credit Card must be swiped at all times (in the event that the

receipt does not print imprinting Credit Card only on manual imprinter is acceptable with customers signature but the imprint of the card number has to be clear) In the case of a swiped transaction part of the card number will display per Credit and Debit Card industry rules

(g) Customers signature clearly written (Credit Card only) marked TRANSACTION COPY We will accept the CUSTOMER COPY as long as it has the customers signature Debit POS slips are to be submitted marked TRANSACTION COPY NO SIGNATURE IS REQUIRED

Collective Agreement laquoCompanyraquo Page49

DISPUTES BY A CUSTOMER

Should a debit or credit card slip be disputed by the customer their bank or other financial institution the company will investigate If such investigation proves fraud or error by the driver the driver will be charged back for the full amount of the charge

If the disputed transaction was processed on a non-company unit a $500 plus HST charge plus the value of the charge will be debited to the drivers account The Company will refund the customer for the value of the charge

Should a customer andor driver report that the charge has been approved more than once the Company will investigate The Company does not allow any refunds in the taxicab Drivers can void a transaction but this must be done before Batch Closing the transaction A Void can only be done in the presence of the customer as the card (debit or credit) must be present The driver can then re-swipe the card for the correct amount The Company publishes a toll free number for customers or drivers to call with any concerns about a transaction If a customer has been charged more than once for the incorrect amount the following procedures apply

Credit Card

The Company will verify that the customer was charged multiple times or has been over-charged and issue a refund as necessary The Company will send a copy to the customer upon request All refunds are processed on a Point of Sale unit or Virtual Merchant (on-line) The Company may contact the driver to determine the validity of the customers details

Debit Card

The Company will verify that the customer was charged multiple times or has been overcharged and issue a cheque refund as necessary The Company keeps a copy of the cheque issued

GENERAL INFORMATIONGUIDELINES

1 If the driver has overcharged the customer and has been paid the incorrect amount the Company will adjust the drivers account and provide a receipt The Company maintains a log in the even there is a dispute by the driver or the customer If the driver reports the overcharge that is logged on a Customer Incident Form which has a Control Number

2 Hand written Credit Cards will not be accepted All Credit Cards must be passed through a manual imprinter which clearly shows the full credit card number If the credit card number is not clear and cannot be authorized

Collective Agreement laquoCompany Page 50

the driver will face debitchargeback of the amount as it cannot be authorized

3 The only Credit Cards accepted by Taxitab a division of Coventry Connections Inc are

i Visa ii Mastercard iii American Express

Note Visa Mastercard and American Express all issue prepaid credit cards these are all accepted

4 Taxitab a Division of Coventry Connections accepts Debit Cards for Canadian Financial Institutions Debit Cards for foreign banks may not

work on the unit Visa Mastercard have commenced issuing Debit Cards these are all accepted These cards are clearly marked on the face of the card with the Visa and Mastercard logos

5 The following items are to be checkedverified by the driver upon presentation of a Credit Car (a to d) Debit Card (d only)

CHECK LIST

(a) Expiry Date Ensure the card is valid Check to be sure that the Card is not being used beyond the expiry date printed on the card If the card is expired refuse to accept it

(b) Altered Cards Check to see if the card has been noticeably altered in any way If it has been refuse to accept it

(c) Card holders name and signature Check that the signature on the Credit Card slip is the same name printed on the card At the same time check that the signature is the same as the signature on the rear of the card If there is no signature on the rear of the card ask the customer to sign it as you are required to check this

If in doubt ask to see some other form of identification (preferably one with a picture and signature) that ensures that the person using the card is who they say they are

(d) Amount of fare and gratuity (if applicable) The amount of the Debit or Credit card slip must be equal to the amount of the fare and the gratuity (where applicable) Each amount should be entered in their respective places and only by the customer unless otherwise directed In the case of a Debit Card customer must always enter their PIN number to

Collective Agreement ltbullCompany Page 51

authorize the card Drivers must remind customer that the TIP field comes first followed by the PIN number

(e) $150 Surcharge

Debit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated by the City of Ottawa By-Law The $150 charge is prompted by the point of sale unit automatically The Driver receives 65cent of the $150 for every transaction

Credit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated in the City of Ottawa By-Law The $150 charge is NOT prompted by the point of sale unit automatically The driver adds the $150 to the metered amount and enters this total in the base amount field

6 CAUTIONS

7

(a)

(b)

(c)

Bank Card only have the Bank name on the card

Credit Cards are identified by the VISA MASTERCARD AMERICAN EXPRESS OR DINERS CLUB-ENROUTE symbols Only Cards with these symbols will be accepted

Credit Cards will have a holographic image on the face of the card

CASH ADVANCES

The use of Credit Cards for cash advances in the taxicab is not permitted Credit Cards must only be used in the taxicab for paying for an actual fare Anyone using a Credit Card in a taxicab to obtain cash advance is most likely using a stolen or fraudulent card

8 OUT OF TOWN FARES

For the drivers protection it is suggested that for fares going out of town and the customer wishes to pay by Credit Card it is recommended that the driver authorize the fare at the beginning of the trip (dispatcher can give an estimated amount) If there is a difference process the difference at the end of the trip There is a pre-authorization feature available for Credit Card only on the Point of Sale unit The Company can activate this on driver request but the driver must be

Collective Agreement ccCompany)) Page 52

bull

9

given correct training for this There are several steps involved with pre-authorization that must be followed before batch closing

BATCH CLOSING

Drivers must close transaction in the terminals at the end of their shift Credit Card authorizations only remain in the terminal for five (5) days after that the processor closes them automatically Drivers must batch close all credit cards no later than four (4) days in order for the items to appear on the batch close report

Batch Close reports will print separately for Debit and Credit Cards and list the details of the transactions in the terminals showing the card type and the last four (4) digits of the card involved This Batch close cannot be reprinted drivers must hold on to them Attach the slips to the Batch Close and bring to the cashier The cashier will verify the attached slips are on the batch close and proceed to pay or credit the driver assuming all slips are authorized and complete (as discussed above under (1) Authorization Procedures)

The following circumstances regarding Batch Closes will apply

(i) Batch Close with All Debit and Signed Credit Card slips- Driver will be paid or credited at time of presentation at a cashiering station

(ii) Batch Close- No Debit Slips if the batch close shows a Debit Slip and the driver has misplaced or lost the slip the Driver will be paid or credited at the time of presentation at a cashiering station

(iii) Batch Close No Credit Card Slip- No Slip No Payment at time of cashiering (driver is to go to Driver Admin in this instance) If the driver has a signed manual slip and the last 4 numbers of the card match those on the batch close the slip will be accepted by the cashier

NO BATCH CLOSE REPORT -If a Driver has lost or misplaced Batch Close report the Driver is to go straight to Driver Admin (not cashiering) The Driver is to bring the receipts (if there is a credit card slip with no signature there is a separate procedure for this below) he has for which he has not batch close Driver Admin will initiate a Batch Close Incident Report which has a Control Number for future reference The Procedure is as follows

(i) Driver Admin to Photocopy all Slips and write the Control from the Batch Close Incident Form on the photocopy and date the sheet The

Collective Agreement ccCompanyraquo Page 53

bull

bull

Driver is to keep this in the event of a dispute or apparent nonshypayment in account

(ii) Driver Admin will complete the top copy of the report attach a copy of the slips The Driver will complete the bottom part of the report and sign it

(iii) Management will need 72 hours (three business days) from the date of Incident Report to investigate the transaction has been settled in the POS unit

(iv) Providing Management confirms the transaction is complete the slips will be credited to the Drivers account and a receipt will be printed A copy of the receipt is attached to the Batch Close Incident Report The Control from the Form is entered when the the amount is credited for reference A receipt can be printed at that time by cashier

(v) In the event that a driver does not have a Batch Close and presents a credit card slip with no signature the following will apply

(vi) If the Driver experiences a problem with the Batch Close or operation of the unit the Driver is to bring the unit to the office during normal hours Management will investigate the issue and call Driver to reshyissue the unit completing paperwork for the replacement unit which the driver will sign

Any driver attempting to defraud a customer by processing a debit or credit slip more than once will be terminated

Collective Agreement laquoCompany)) Page 54

bull

bull

SCHEDULE E STOLEN FARE POLICY

Whenever the Dispatch Supervisor receives a complaint that a fare either dispatched to the complainant or from within the same block of taxi standconcession on which the complainant is parked has been stolen and the identification of the accused is made known the Supervisor shall

(a) Bring the accused to voice and notify himher of the allegations

(b) Inform the complainant that a deposit of forty dollars ($4000) must accompany his accusation and to be deposited within one (1) hour of the complaint Where applicable inform the complainant that the accused wishes to challenge the allegations and the date and time of the hearing shall be known to both parties

(c) A failure of either party to attend the hearing will result in an additional fine of forty dollars ($4000) to be paid within sixty (60) minutes of the conclusion of the hearing or a suspension ob the absent party until payment is received

(d) Inform the accused of the available options

(i) Arrange for repayment of the fare in its entirety to a minimum of forty dollars ($4000) to the complainant a Union representative or the Company on behalf of the complainant within sixty (60) minutes or

(ii) If the allegation is being denied and the accused wishes to refute it forty dollars ($4000) must be deposited at the dispatch office within sixty (60) minutes with a notification to the Dispatch Supervisor that the allegation is being challenged

Where the accused fails to respond to two (2) voice messages or refuses to comply with (c) the accused shall have dispatch services suspended until in compliance or the Company receives instructions from a Union Representative to do otherwise

The penalty for a wrongful accusation is the payment of forty dollars ($4000) to the accused by the accuser in addition to the return of the accuseds deposited payment

It is understood and agreed that the action(s) of the Dispatch Supervisor(s) in the compliance of this Policy is not to be construed as a determination of who is the guilty party In all disputes regarding stolen fares the Committee shall make the final determination with respect to guilt

Collective Agreement laquoCompany Page 55

bull

bull

Note Such fare(s) will not be considered as Stolen Fare(s) if picked up by driver(s) arriving on the Concession(s)Taxi Stand(s) prior the driver(s) who accepted the dispatched fare(s)

Collective Agreement ((Company Page 56

bull bull

APPENDIX 1

PLATE CAR LESSEE IND START LESSEE START

1 1027 5027 ADAM GRANT 1 91111986 111987

2 1015 5015 TIMS VAUGHN 411995 411995

3 1043 5043 MARTON FERENC G 10251995 10251995

4 1050 5050 DUBOIS JOHN 12111994 311996

5 1048 5048 SUNIL JOSHI 1111994 711996

6 1030 5030 SLIM MOHAMED 711996 7111996

7 1041 5041 JAMALEDDINE ZAHER 911996 911996

8 1040 5040 MAHEUX FRANK 11151996 181997

9 1109 1 5109 ASTLEY JAMES 1011994 1131997

10 1045 5045 MELHEM SAMIR 1211996 9211997

11 1028 5028 LABINE ANTHONY 10151980 11281997

12 1054 5054 ELmiddotNEMER NEMER 11131997 21271998

13 1113 5113 WEAGANT BROCK C 82211988 3131998

i

14 1039 5039 SOBH HAC HEM 11171997 5111998

15 1044 1 5044 MOUFARREJ RAYMOND 10241996 1161998

16 1042 5042 MCCONVILLE BILL 311992 11111998

17 1107 5107 GIANNAKOS LOUIS I 9111997 491999

18 1026 5026 VERMA LALIT 51261996 5311999

19 1033 5033 MITCHELL BRUCE 111987 9301999

i

20 1108 5108 PAPPAS CHRISTINE 121111991 1041999

rmiddot 1014 5014 NYTRA BEDRICH 961996 3302000

22 1000 5000 ABOUmiddotARRAG SAM I 611997 7132000

23 1038 5038 MUNROE JOHN 1111977 492001

24 1022 5022 RADULESCU GELU 611999 5232002

25 1139 5139 HASSOUN I MOUFID 71211999 8152002

26 1006 5006 SADER I GHASSAN 6211999 292004

27 1029 5029 CLAYTON GREG 911980 21132004

Collective Agreement ccCompany Page 57

bull

28 1034 5034 IBRAHIM 12301995 4302004

29 1037 5037 ABDALLA HASSAN I 3312000 2202006

30 1010 5010 HASSOUN AD NAN 8272001 312006

31 1031 MASSOUD 1241998 312006

32 1 1o35 5035 JANCO 911992 362006

1 33 1036 5036 SINGH BALWANT 92211999 3172006

Collective Agreement ltltCompanyraquo Page 58

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 6: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

ARTICLE 5 SOLE AUTHORITY

501 This Agreement shall be the sole authority governing the relationship between the Company and the Owners Group and the employees The signing of this agreement by the parties will render null and void any outstanding personal contracts that may have been entered into between the Company and the Owners Group and the Employees as it relates to this Collective Agreement

ARTICLE 6 UNION SECURITY

601 The Company and the Owners Group agrees that for as long as this agreement remains in force it is a condition of employment for all present employees to become and remain union members in good standing as of the date of ratification of this agreement and for all new employees to become and remain members in good standing of the Union as of their first day of hire

602 The Company shall collect from each employee such amounts as the Union shall affix each month for union dues plus any assessments that the Union may affix from time to time

603 It is the duty of the Company to ensure that each employees monthly dues initiation fees where applicable andor assessments are properly collected and recorded

604 The Company shall collect all dues including back dues late dues and initiation fees andor assessments on the employees first regularly scheduled payment day of each month and submit to the Union no later than the last day of each month a cheque representing the dues initiation fees andor assessments of each and every employee

605 The Company must by the last day of each month submit to the Union a list of names in alphabetical order or car number order of all persons paying dues initiation fees andor assessments for that month This list shall include the employees current addresses phone numbers - as supplied by said employees - and plate numbers as of the first (1st) day of the month

606 The Union agrees to give the Company one (1) months notice in writing of any changes to the prevailing Union dues any assessments or initiation fees

Collective Agreement ccCompanyraquo Page4

607 The Company upon receipt of a written request from an employee shall supply said employee with a receipt for monies collected on behalf of the Union from that employee for the previous calendar year

ARTICLE 7 CONTRACTING OUT BARGAINING UNIT WORK

701 The Company shall not contract out bargaining unit work

702 Supervisors office staff garage staff dispatchers phone staff andor any other person(s) outside the bargaining unit except for multi carplate ownerslessees shall not perform bargaining unit work

ARTICLE 8 UNION REPRESENTATION

801 The Union shall notify the Company and the Owners Group in writing of names phone numbers (if any) taxi plate number and position(s) of the persons authorized to represent the Union andor the employees for the purpose of this agreement

802

(a)

(b)

803

Further the Union shall promptly notify the Company and the Owners Group in writing of any changes in these names andor positions

The Members of the Owners Group shall provide to the Union all necessary information relating to the following matters on a current basis

A list of employees showing their names addresses and taxicab plate numbers

Employees andor their business agent with the written consent of that employee shall have access to any report complaint or personnel records at reasonable times and shall upon request be supplied with copies of the documents at said employees expense The Company agrees that any information if found to be inaccurate will be corrected

Upon the Union giving reasonable notice during business hours (Monday to Friday) the Company will broadcast notice(s) of Union meeting(s) across the dispatch system once every four (4) hours during the forty-eight (48) hour period immediately preceding the date of the Union meeting

Such announcements shall be limited to no more than twice (2) per month

804 The present notice board will be maintained and made available for the posting of messages and communications directly related to Union

Collective Agreement laquoCompanyraquo PageS

805

806

(a)

(b)

(c)

business subject to the approval of the Company whose approval shall not be unreasonably withheld

Union representatives shall be entitled to distribute Union literature at or near the Companys place of business during non-working and working hours

Upon written request from the President or Business Agent of the Union a leave of absence shall be granted to

Employees for the purpose of attending Union functions including but not limited to conventions schools seminars or other functions excluding matters arising from the administration of this Collective Agreement

Three (3) employees for the purpose of attending contract negotiations meetings with the Company

Provided that in all instances the President or Business Agent notifies the Company at least seven (7) days prior to the intended leave as it applies to (a) and in (b) as much time as possible

An employees seniority will continue to accumulate during a leave of absence and employees will not be charged any fees for up to maximum of fourteen (14) days per calendar year per employee provided such employees do not work their scheduled shifts During this period except for days of negotiations rental cars are to be parked at owners premises The following pro rated charge will apply for negotiations If negotiations end before 1400 hrs - 12 day credit If continued past 1400 hrs -full days credit to affected employees

807 Leave of absence without fees shall be granted for a period of up to one (1) year to an employee who is engaged in full-time Union activity Such leave of absence shall upon request be extended from year to year to a maximum of three (3) years

During such period(s) of absence seniority shall continue to accumulate All Owners Group equipment and licenses will be returned to the Owners Group Member(s) prior to said leave

808 All taxicabs operating within the bargaining unit may place in the right hand corner of the rear window- without interference from the CompanyshyA Union decal supplied by the Union Such decal shall not exceed four (4) inches in diameter

Collective Agreement ccCompanyraquo Pageamp

809 Union representatives or stewards shall be entitled to book off the dispatch system and leave their work during working hours in order to carry out Union business as they may be advised by the Union

ARTICLE 9 DISCIPLINE AND DISCHARGE

901 No employee shall be disciplined or discharged without just cause

902 The Company andor Owners Group shall provide the Driver and the Union with written notice(s) of any discipline taken against a driver of the bargaining unit within thirty (30) business days of the incident giving rise to the discipline except for creditdebit card andor taxi chit fraud which shall be within sixty (60) business days of the incident giving rise to the discipline or the penalty will be null and void and further except where if the driver has been charged with a criminal offence and this comes to the attention of the Owners Group within six (6) months of the incident

903

904

905

(a)

By mutual agreement of the parties a minimum of one day per week shall be scheduled for the purpose of investigating complaints or allegations which may result in discipline to a driver A shop steward or Union representative shall be in attendance Notwithstanding the foregoing the Company or the Owners Group may initiate an investigation at any time if either deems the issue to be of a serious nature Should the investigation involve an interview of a driver the driver shall be entitled to Union representation

A driver is a probationary driver until he has worked for three (3) months under the DJs roof sign During this probationary period the driver would be working on a trial basis and be disciplined up to and including discharged at the sole discretion of the Company provided that the Companys decision is not arbitrary discriminatory or in bad faith as per Article 1 0 of this Agreement

Discipline shall be applied middotuniformly and disciplinary measures shall be appropriate to their cause(s) and subject to the principle of progressive discipline middot

The Owners Group agrees not to enforce Municipal Provincial or Federal Laws unless related to vehicle or public safety or to customer service

A grievance concerning a discharge of an employee shall commence at Step 2 of the grievance procedure within six (6) working days of the event

Such grievance may be settled by Confirming the action of the member of the Owners Group or

Collective Agreement ccCompanyraquo Page7

906

907

908

(b)

(c)

(d)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

Reinstating the employee with no loss of seniority andor with compensation as may be determined by the parties or

By any other arrangement which may be deemed just and equitable or

By proceeding to Arbitration in accordance with Article 25

No person shall have their dispatch services curtailed or suspended without just cause In the administration of this clause drivers shall complete the shift except

Where they or their vehicle is a danger to the public

Where they have not fulfilled their monetary obligations to the Owners Group or the Union

Or where their vehicles are required for garage service

When the taxi is dirty either inside or outside or both (car wash)

When the taxi driver has stolen a fare

When the taxi driver is not properly dressed

When the driver is intoxicated andor on illegal drugs

Employees shall have the right to have Union representation in meetings with the Company relating to discharge or discipline of that employee If a Union representative is unavailable for a scheduled meeting between the Company and that employee the meeting will not go ahead as planned

Disciplinary actions and adverse reports of an employee shall remain on said employees file for a period of one (1) year from the date of the offence No disciplinary proceedings against that employee shall be used after one (1) year except for disciplinary records involving sexual harassment assaults or refusal of a Guide Animals which shall remain on file for four (4) years from the date of the discipline

The Company is prepared however to review all driver files and have discussions with the Union with respect to those drivers who have had repeated problems

909 Employee(s) under suspension shall not pay any cab-rental or stand rent commencing on the fourth (4th) day of suspension and shall not pay plate rent commencing the beginning of the fourth (4th) week of suspension A

Collective Agreement laquoCompanyraquo PageS

suspended employee shall not be entitled to operate on any Company taxi stand while under suspension

ARTICLE 10 NON-DISCRIMINATION

1001 The Owners Group shall not discriminate against employees with respect to terms and conditions of employment on any of the prohibited grounds named in the Ontario Human Rights Code or on the grounds of union activity

1002 There shall be equal opportunities regardless of sex in all facets of the Company and the Owners Group business governed by this agreement

1003 No employee shall be required to retire on the grounds of age

ARTICLE 11 STRIKES LOCKOUTS PICKET LINES AND LABOUR DISPUTES

11 01 There shall be no strikes or lockouts so long as t~1is agreement continues to operate The word strike and the word lockout shall be defined in accordance with the definitions set out in the OLRA 1995 as amended

1102 Employees in the bargaining unit shall have the right to refuse to cross a picket line andor refuse to handle struck work in connection with a labour dispute

11 03 Failure to cross a picket line or handle struck work shall not be considered grounds for disciplinary action or otherwise be a violation of this agreement

1201

(a)

ARTICLE 12 DISPATCH

The Company shall supply maintain and operate a computerized dispatch system to provide fair and equal distribution of all calls trips or parcels received by the Company Computers in vehicles shall be serviced and maintained in working condition by the Company as the need arises

1202 The Company shall ensure that all requests for taxicab service are dispatched through the dispatch system of the Company and shall only be dispatched to licensed taxicabs in an equitable manner as determined by the terms of this agreement

Collective Agreement ccCompanyraquo Page9

1203 The Company agrees that the geographic locations of the stands which shall include backup stands shall be outlined in APPENDIX 1 and attached to this agreement Modifications can be made from time to time with the written approval of the parties

1204 The Company agrees that the current phone number (613) 829-9900 shall be used offered andor advertised for the dispatch of taxicabs operating under the Companys roof sign The Company further agrees that the telephone number (613) 829-9011 shall continue to be used for the dispatch of taxicabs operating under the DJs Taxi roof sign The parties agree that this latter telephone number shall not be advertised for DJs Taxi Co Ltd middot

1205 middot1n cases of abuse of the cheater switch the Union agrees that computer records of call-backs shall be prima facie proof of the abuse alleged by the Company Nothing herein shall be construed to condone or permit the use of the cheater switch Violations of this sub-article shall be considered grounds for discipline

1206 All requests for non-metered taxi service or other special taxi services shall be distributed in a fair and just manner

1207 Dispatchers phone staff and supervisors shall not dispatch any call or trip to any driver or on behalf of any driver by means of a pager or other similar communications device including but not limited to telephones with the exception of Para Transpo runs which shall be distributed in accordance with Appendix 3

1208 The Company shall ensure that there is no preferential treatment to any individual in respect of taxi dispatch services

1209 The Company shall employ a sufficient number of trained staff to serve the business in an efficient and expeditious manner

1210 When the Company dispatches a fare to an address that is different from the stated address of the caller the Company shall pay twenty dollars ($2000) to the driver dispatched

1211 The Company shall ensure that no derogatory remarks andor profane language is directed by the dispatchers and phone staff to drivers and vice versa The Company shall ensure that dispatchers and phone staff perform their duties in a polite businesslike and courteous manner at all times

1212 When a cancellation is received through the computerized dispatch system within the lead time of the Zone of the original call being placed

Collective Agreement laquoCompany)) Page 10

and the telephone number given at the time of the cancellation matches the telephone number given at the time of the request for the taxicab andor when a vehicle is dispatched to a non-existent address that is confirmed by the dispatch Supervisor the vehicle sent to that address would be placed in the first available position in the priority queue (given a No load)

bull No Load Priority Cancellation Local Incomplete Address

1213 In the event of a failure or malfunction of the computerized dispatch system the Company agrees that after a maximum of ten (10) minutes the addresses of the calls waiting will be made known to the drivers by voice In the event the server(s) is down for longer than twenty (20) minutes the Company must credit every driver in the bargaining unit an equal amount using the following formula five hundred dollars ($50000) divided by the total number of drivers in the bargaining unit to a maximum of two (2) crashes per month The Company will be entitled to two (2) downtime occurrences per month for upgrading and maintaining dispatching software and call centre hardware The Company agrees to notify the Union of the time and date of any organized shutdown The Company shall use its best efforts to have the shutdown during non-peak hours

1214 The Company agrees that dispatchers shall co-operate in every way possible to aid an employee who reports himself in danger The dispatcher shall not assess for himself the degree of urgency in any distress call and shall utilize nearby taxicabs andor police to provide aid

1215 (a) Time Calls

Time calls are prearranged calls Pre-arranged fares going to the Airport Train or Bus Station or downtown will also be considered a time call Time calls will be dispatched fifteen (15) minutes prior to the requested time to the first car booked on the corresponding stand

Out of town fares are calls reserved at least one ( 1) hour prior to the requested time It must have an estimated destination exceeding 100 kms or be on the middotflat rate sheet These fares will be dispatched forty-five (45) minutes prior to the requested time

The dispatcher may increase lead-time for time calls or out of town calls if weather traffic road conditions or the distance to locations warrant it

Collective Agreement ccCompanyn Page 11

(b) No information will be given out by the dispatch staff concerning fares coming into the Company office except for requests concerning the number of time calls to be dispatched between the next time period of 330 am - 630 am Dispatchers shall upon request inform the driver of the number of time calls to be dispatched during the next time period of 330 am - 630 am Dispatchers shall not give out any information with reference to the location of any time calls

1216 It is agreed that any concessiontaxi stand fares must be dispatched to drivers booked on the sub zones If no drivers are booked on the sub zone the fare will be dispatched as a regular fare If no drivers are booked on the zone the fare will be displayed on the main zone only as a fare waiting

1217 Attributed Call

These are calls where a special circumstance is made known to the Callshytaker and drivers are not forced to accept

Attributed calls shall include calls originating from the following locations or where the special circumstance indicated is made known to the phone staff

1 Bars -(except those listed as Messages) 2 Parcels 3 Wheel Chairs 4 Animals -(except guide animals) 5 Bicycles 6 Moving Jobs 7 Station WagonsNans 8 Boosts 9 No-Van Calls

Calls originating from the following addresses will be sent out as messages however should there be a Call-back for any of these addresses the Call-back shall be dispatched as a Local to the first car booked on the appropriate Zone

(a) OConnorsAMC Theatres (Kanata Centrum)

(b) Vox LoungeCock amp Bull (Bells Corners) (c) Park n Rides

(i) Baseline Station (ii) Fallowfield Station

(d) Grace OMalleys (Merivale and Capillano)

Collective Agreement ccCompanyu Page 12

1218

(e) (f) (g) (h) (i) (j)

Sergeants Pump (Merivale Rd) Coliseum Theatres Bayshore Transit Eagleson Transit Station Kanata Town Center Terry Fox Transit Station

For the purpose of article 1224 the following hours are considered peak periods

(i) During the months of November December January and February Mon - Fri 700 AM - 500 PM Thurs - Sat 500 PM - 300 AM New Years Eve 500PM-500AM New Years Day

(ii) During the months of March April and October Mon - Fri 700 AM - 300 PM Fri amp Sat 11 00 PM - 200 AM

(iii) For Canada Day 400 PM - 200 AM for

Christmas Day New Years Day (except as outlined above) Good Friday Easter Monday and Thanksgiving Day are exempt from the above

1219 Fares originating in the City of Ottawa and any other points west of Ottawa including Richmond Ontario shall be dispatched to the first taxicab appropriately booked on the corresponding stand

1220 Weather permitting there should never be a call back from customers due to the late arrival of a cab All fares accepted must be serviced without delay All stands will have a maximum response time limit of fifteen (15) minutes Phone personnel will tell customers that the cab will arrive within 10-15 minutes please be ready

Should the Company receive a Call-Back after the lead-time of a dispatched fare discipline shall be applicable to the affected driver(s) as follows

(a) 1st Offence First written warning and a fine of $2000 will be imposed and collected by way of the drivers account

(b) 2nd Offence Second written warning and a fine of $3000 will be imposed and collected by way of the drivers account

(c) 3rd Offence- Third written warning and a fine of $5000 will be imposed and collected by way of the drivers account

Collective Agreement ((Companyraquo Page 13

(d) 41h Offence- A final written warning and fine of $7500 will be imposed

and collected by way of the drivers account

(e) 5th Offence- Dismissal

Monies collected shall be used to appease dissatisfied customers and to advertise the DJs business

1221 Locals I Freebies

1222

1223

1224

a) b) (c)

These are calls that are dispatched to the first car booked in a Zone (Stand) and the driver accepting said call has a maximum of thirty 30) minutes to complete the call and rebook on the same stand the call was dispatched from in order to be placed in the first available position in the priority queue

Locals shall include calls originating from the following locations

Major shopping centres Groceries A list consisting of a maximum of five 5) addresses

When being dispatched on the Computerized Dispatch System Fare Waiting shall mask all calls or trips for the duration of this Agreement

No calls trips or parcels shall be dispatched on voice except where provided in this Agreement

In recognition of the fact that the Company operates a multi-fleet dispatch operation the Company and the Union agree that the staffing levels of the dispatch operation to service the DJs fleet shall always be no less than one (1) call taker and no more than middotfive 5) call takers One (1) call taker shall always have priority to respond to DJs calls with the balance of the call takers having secondary priority on a cascading basis To address any problems arising from dispatch issues the parties agree to establish a Dispatch Committee of equal representation to meet at mutually agreeable time frame upon request of either party within fifteen (15) days of notice being given by either side Issues may include but not restricted to hardware software or manpowerstaffing The Parties agree to address any such issue in an expeditious and fiscally responsible fashion

When the DJs fleet reaches one hundred and thirty (130) taxi cabs the Company shall add a second call taker having priority to respond to DJs calls but only during peak periods When the DJs fleet reaches one

Collective Agreement laquoCompanyraquo Page 14

hundred and sixty (160) the Company shall increase the number of call takers to two (2) having priority to respond to DJs calls at all times

1225 A list of persons and addresses owing money to drivers for fares not paid shall be compiled by the Company and kept in the dispatch office at all times No requests for taxicabs or specialty services excluding school and contract runs shall be dispatched to these persons andor addresses until the monies owing are paid

1226 Dispatchers phone staff and supervisors shall not remove falsify alter any request for taxicab service placed with DJs taxi dispatch service

1227 The Company shall ensure that dispatchers phone staff or supervisors shall not accept money or other forms of favour or inducements from any person where the objective of such payment is the granting of preferential treatment to any individual in respect of dispatch services

1228 When a call back is received after the lead time of the call in question the dispatch supervisor will send two 2) voice messages at least one (1) minute apart for the driver to come to voice If the driver fails to respond the call will be re-entered as a local call and if said driver is booked into the system heshe will be suspended until there is a response Drivers failing to go on or being late on their calls will be further disciplined in accordance with progressive discipline

1229 The Company shall discipline any driver who assigns a dispatched fare to another driver

1230 (a) The discipline or discharge of a driver who has completed hisher probationary period shall be grievable in accordance with Article 24 of this Agreement The Company agrees that it shall apply the principle of progressive discipline However the Company reserves the right not to apply the principle of progressive discipline for certain offences based on their severity

(b) The Company shall discipline any driver as follows for the specific offences listed below

i) Assigns or redirects a dispatched fare to another driver operating under the OJS roof sign as follows

a) 1st offence- 1 shift b) 2nd offence- 2 shifts c) 3rd offence - 3 shifts

Collective Agreement laquoCompanyraquo Page 15

(ii) Cancels a fare already inputted into the Ziptrack Dispatch System as follows

(a) 1st offence- 1 shift (b) 2nd offence - 2 shifts (c) 3rd offence- 3 shifts

(iii) Telephones the Ziptrack Dispatch System with an illegitimate call as follows

(a)

(b)

(c)

1st offence - 2 shifts and $2500 to the affected driver pajable by the offending driver 2n offence - 4 shifts and $2500 to the affected driver payable by the offending driver 3rd offence - termination of employment

(iv) Assigns or redirects a dispatched fare to another driver operating under another roof sign as follows

(a) 1st offence- termination of employment

For purposes of this provision one (1) shift is a period of twelve (12) consecutive hours for a twelve (12) hour driver and twenty-four (24) consecutive hours for a twenty-four (24) hour driver

1231 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical break down emergency or any other reason(s) not herein listed the dispatcher shall re-dispatch the fare and suspend the driver for one (1) hour

1232 Definitions

Accessible call means a valid request for an accessible taxicab by a person with a wheel chair or is otherwise defined by any statute or regulation thereof

Accessible Driver means a driver who is qualified to drive an accessible taxicab under the applicable By-laws of the City of Ottawa

Accessible Plate means a licence for an accessible taxicab that is issued to a person who has qualified to hold an accessible licence under the applicable By-laws of the City of Ottawa

Collective Agreement laquoCompanyraquo Page 16

middotAccessible Taxicab is a taxicab which is designed to accommodate one or more individuals who require the use of a wheelchair without the need to transfer the individual from the wheelchair which vehicles are otherwise subject to federal and provincial legislation applicable to the transport of Physically Challenged Persons and in respect of which an accessible plate has been issued

Attribute means in respect of a vehicle the association with that taxicab in the Ziptrack dispatch software system of a special feature (or restriction) for that vehicle required for specific types of fares

Call means a request for taxi service received by Ziptrack by a telephone call to the DJs Taxi number 829-9900

Cover or Covered as applicable to a fare means there-dispatch of a previously accepted fare at the request of the accepting driver for valid reason (mechanical breakdown accident or other emergency) in accordance with normal dispatch procedures

Taxi Stand means a space on private property for taxicabs operating under the DJs Taxi roof sign specified under an agreement between Coventry Connections Inc or Ziptrack Inc or a space specifically designated as a taxi stand from time to time on a public street or other public space by the City of Ottawa

Accessible Vehicle Dispatch

(a) It is agreed that calls placed through the dispatch system for an accessible taxicab shall be dispatched only to accessible taxis defined by the dispatch system as an Attribute Where there are no accessible taxicabs booked into the dispatch system and available to accept a call such call shall be displayed as being available on the fare broadcast screen

(b) An accessible taxicab may be dispatched as a standard sedan taxicab at anytime that it is not dispatched on an accessible fare An accessible taxicab shall not be given priority for any type of fare other than an accessible fare An accessible taxicab shall be booked off all zones when any fare is accepted or rejected

(c) The driver of an accessible taxicab is not authorized to reject an accessible fare if he is booked on the dispatch system or is in a queue at a taxi stand or company concession Failure to accept an accessible fare shall be deemed a rejection of an accessible fare and shall be subject to discipline

Collective Agreement ccCompany Page 17

1301

1302

1303

1304

(d) In the event that a driver of an accessible taxicab who has accepted an accessible fare requests to be covered and where such request is granted the driver shall be booked off the dispatch system for a minimum of one (1) hour or until the fare is covered

(e) The driver of an accessible taxicab that rejects or is deemed to have rejected an accessible fare under paragraph (c) above shall be booked off the dispatch system until one ( 1) hour after the accessible fare has been accepted and or service (the record of which not withstanding sub-Article 908 of the Collective Agreement shall be kept for five (5) years

(f) All accessible calls shall be masked by ACCESSIBLE FARE WAITING

(a)

(b)

(c)

(d)

(e)

ARTICLE 13 EMPLOYEES DUTIES

All employees shall perform their duties in a business like professional and courteous manner and shall not use abusive language on the air to customers or to Owners Group Staff

All employees shall be neatly dressed well groomed neat and clean in personal appearance

All employees shall give a receipt on the authorized form of the Owners Group showing the date car number and drivers name when requested to do so by the passenger or whenever there is a dispute over the fare

Subject to the above and except when he has a previous engagement ttle employee shall serve the first person requiring the service of his taxicab except when the prospective passenger

Is disorderly or abusive or poses a health or safety risk In cases of disputes involving intoxication andor health and safety risk and while the well being of the driver is of paramount importance extreme caution and sound discretion must be exercised prior to any refusal At all times the nature of the business that being a service Industry must be borne in mind so each and every situation must be measured on its own merit by the driver

Is in possession of an animal other than a Guide Animal or

Refuses to state his final destination upon entering the taxicab or

Has not paid a previous fare or

Refuses to pay in advance for flat rate out of town trip(s) or

Collective Agreement laquoCompanyraquo Page 18

(f)

1305

1306

1307

1308

1309

(a)

(b)

(c)

Has called two (2) cab companies for the same fare

In the event a driver discovers a lost object in the taxicab he shall immediately advise the dispatch supervisor of his findings with a description of the object an approximate idea of who might have left said object along with the pick-up and drop-off addresses of the customer if possible

Within twenty-four (24) hours of an objects discovery the driver shall take said object to the nearest Ottawa police station or to the Ziptrack Inc dispatch office at no cost or when directed to do so within the above mentioned twenty four (24) hours A receipt for said object will be issued if requested

Subject to Article 1305 should the customer wish the immediate return of the lost object the dispatcher shall notify the customer of the approximate metered cost of return from the location of the driver at that time and the employee shall return the object immediately to the customer at the standard metered rate

No employee shall be forced to violate a Municipal Provincial or Federal Law or regulation in the performance of ~1is duties

The Company shall provide the drivers with a list of all current flat rates Upon any changes to said list a new list shall be issued within thirty (30) days following such changes

No person(s) who will be driving under the DJs roof sign except for rehires who have been absent for less than three (3) years shall be hired or permitted to commence employment until

Heshe has successfully passed the test which the Company shall devise and administer with regard to the operation and knowledge of the taxi related Industry Said test shall include but not be limited to the knowledge of the Ottawa-Carleton area but with an emphasis on the areas directly affected by this collective agreement

Orientation by the Operations Manager or his designee on the DJs Taxi charge system

Heshe has been given a six (6) hour in-car training session This session will comprise of accompanying the prospective employee for a period of six (6) hours to learn the stands customer relations specific to DJs Taxi two-way radio booking practices and a general familiarization with the DJs environment The cost associated with this in-car training session shall be

Collective Agreement ccCompanyraquo Page 19

$10000 and said cost shall be borne by the prospective employee Failure to pass any portion of this test shall result in a fourteen (14) day waiting period before the applicant will be allowed to re-do the portion(s) of this sub-article which heshe has failed The cost associated with re-doing a) or c) will be $5000 while re-doing both would be $10000

During this waiting period the applicant will not be allowed to operate under the DJs roof sign No person operating a taxicab under the DJs roof sign will be assigned any duties associated with this sub-article

Tests are given on the first and third Mondays of each month on a first come-middotfirst serve basis by appointment Failure to attend for a scheduled date and or time will result in the forfeiture of the appointment and a new date will be booked on a first available basis only

ARTICLE 14 TECHNOLOGICAL CHANGE

1401 Technological Change means but is not limited to the introduction of changes to the present systems the introduction by the Company of additional radio channels computerized dispatching systems or any other mechanical electrical or other system including but not limited to fuel systems at no cost to the drivers

1402 In the event of any technological change the Company shall notify the Union in writing at least ninety (90) days before the introduction of such changes unless prior discussions with the Union have occurred

1501

1502

1)

2)

3)

ARTICLE 15 SENIORITY

Seniority shall be applied in determining layoffs preference for time off and recall from lay off as set out in other provisions of this agreement

Prior to being offered employment an individual shall be required to present to the Member of the Owners Group and the Company all relevant documentation namely

Valid Ontario or Quebec Provincial drivers license with a current provincial driving record with no more than six (6) demerit points at such time and if applicable has been pardoned for any prior conviction for impaired driving

Applicable Taxi Drivers License

Original copy of a Motor vehicle drivers abstract no older than twentyshyeight (28) days

Collective Agreement laquoCompanyraquo Page 20

4) Letter from previous or present insurer (where possible)

5) Work permit if applicable

6) Proof of Union membership

7) Social Insurance Numbercard or verification from appropriate federal government department of such number

8) A clear Police Criminal Record check no older than twenty-eight (28) days

9) Training as set forth in 1309

The above requirements do not apply to a driver who changes status or moves between Members of the Owners Group or Single Plate Owner or Single Plate Lessee provided the driver does not go more than thirty (30) calendar days without being registered on a taxicab except by reason of a proven medical illness Requirement 9 above does not apply to a driver who had previously driven under the DJs Taxi roof sign within the previous twelve (12) months Nevertheless each driver is required to register such changes with the Company To facilitate the drivers ability to register such changes the Company office shall be open from 830 am to 200pm daily except Saturday Sunday and Statutory Holidays

1503 The Owners Group shall recall laid off employees in the reverse order of lay-off

1504 A driver injured or ill should notify the Company and the Union within two (2) weeks of his absence and should arrange to provide a detailed mediqal certificate as evidence of injury or illness and an estimated time of return signed by a doctor in order to preserve his seniority Only an employee returning from an absence of eighteen (18) months or less due to injury or illness shall be returned to his previous vehicle provided that said vehicle is still working as a taxicab if it is not he shall be returned to another vehicle on the same shift he had prior to his injury or illness

A driver replacing another driver who is on sick leave shall be notified of his status by the Owners Group and the Owners Group shall notify the Union of all details

An employee returning within 30 days from an absence due to injury or illness shall be returned to his previous vehicle provided said vehicle is still working as a taxicab and if it is not heshe shall be returned to another vehicle

Collective Agreement laquoCompanyraquo Page 21

1505

(a)

(b)

(c)

(d)

An employee returning to work after thirty (30) days but less than eighteen (18) months from the commencement of hisher injury or illness shall be returned to work displacing the most junior driver driving with the individual member of the Owners Group

Clarity Note (i) A twelve (12) hour driver returning from illnessinjury shall be returned to a twelve (12) hour shift car by replacing the most junior driver driving Should the most junior driver be driving a twenty-four (24) hour car heshe would then be offered the shift remaining after the returning driver has chosen

Clarity Note (ii) A twenty four (24) hour driver returning from illnessinjury would replace the most junior driver and assume hisher shift

Clarity Note (iii) Returning employees shall be given the first available car corresponding to their previous shift

An employee shall lose seniority and as such will cease to be an employee upon

Voluntarily quitting or resigning

Being discharged for just cause and not having been reinstated through the grievance or arbitration procedure

Failing to rent an available vehicle when duly notified of same while on layshyoff except or for certified medical reasons

Being laid off being without a valid work permit or being without a valid Provincial drivers license or appropriate Municipal taxi drivers license for a length of time equal to that employees seniority or twelve (12) months whichever is less

ARTICLE 16 COMMITIEES

1601 A UnionManagement committee shall be appointed consisting of up to three (3) representatives from the Union and up to three (3) representatives from the Company This committee shall meet every six (6) months for the purpose of discussing matters of mutual concern

1602 A safety committee consisting of at least two (2) representatives of the Union and two (2) representatives of the Owners Group shall meet at a mutually agreeable time frame upon the request of either party within thirty (30) days for the purpose of discussing matters of mutual concern Minutes will be kept of each meeting

Collective Agreement laquoCompany Page22

1603 A rules committee consisting of up to three (3) representatives of the union and of up to three (3) representatives of the owners group shall meet at a mutually agreeable time frame upon the request of either party within thirty (30) days for the purpose of negotiating changes to existing rules and for discussing any new rules prior to their implementation

1604 To address advertising the parties agree to establish an Advertising Committee of equal representation to meet at mutually agreeable times upon request of either party within fifteen (15) days of notice being given by either side The Committee shall be responsible for a budget of $2625000 over the term of this collective agreement which sum shall be spent to advertise and promote the DJs business

The parties must agree when and how the advertising will be allocated However the parties agree that advertising would include

bull Flyers bull Newspaper Ads bull Promotional Items (eg fridge magnets) bull Radio

ARTICLE 17 SAFETY AND HEALTH

1701 It is understood and agreed that driver safety is important to the individual employee and to the industry as a whole The Owners Group and employees agree to exercise their rights and to fulfil their obligations in accordance with this understanding The Owners Group will continue to encourage and welcome safety recommendations for the safety and health of drivers during their working hours

1702 The employer shall supply only safe and roadworthy vehicles and the equipment contained therein and the vehicles themselves shall be maintained in good working order Each rental vehicle shall meet the mechanical fitness standards as defined in Provincial legislation

1703 The Company agrees to pay the premiums to an insurer chosen by the Company to provide term life insurance coverage in the amount of ten thousand dollars ($1000000) for all employees provided that the affected employee has a minimum of one (1) year seniority under the DJs Taxi roof sign and is actively working on the day he attains this one ( 1) year seniority

All claims and payments shall be in accordance with the terms of the master policy of the insurer and the Company shall not be liable for any

Collective Agreement laquoCompanyraquo Page 23 middot

bull

non payment by the Insurer This insurance coverage will not be provided to any driver who is 65 years or older at any time during this agreement

The Company shall aid in collecting monies by allowing a cash donation box to be set up at their office for driver(s) involved in serious accidents The Company shall not be responsible for said box

1704 The Company shall supply a safety shield for the company owned rental vehicle when requested by that driver

All rental drivers who request a shield must continue to operate on a vehicle that is equipped with a safety shield so long as said driver is operating under the DJs roof sign provided one (1) is available Company rental drivers working with a shield shall have the option of refusing to operate any spare rental vehicle not equipped with a safety shield However once a driver accepts a spare rental vehicle not equipped with a shield he will be deemed to have given up his right to exercise this option on the same shift

ARTICLE 18 WORK WEEK

1801 The Owners Group agrees that the employees shall determine their work week subject to the provisions of this agreement

1802 The Owners Group agrees that the work week shall be based on seven (7) days

1803 Rental drivers shall pay their weekly rental over six (6) days and have the use of the vehicle for seven (7) days

1804 Stand rents for car owners shall be calculated weekly paid monthly or weekly at the discretion of the employee but limited to one change in the payment structure per calendar year Any reduction is to be calculated on a weekly basis and there shall be no reduction given for anything less than seven (7) consecutive days off except where provided in this agreement

1805 Shifts shall be mutually agreed upon by the partners on the vehicle and in case of dispute shifts shall commence at 400am and 400pm The change-over location shall be mutually agreed to by the partners on the vehicle and in case of dispute change over shall be at the Companys office

ARTICLE 19 STATUTORY HOLIDAYS

Collective Agreement laquoCompanyraquo Page 24

1901 (a)

(b)

All rental drivers (12 amp 24 hours) of the Owners Group shall be entitled to the following days off provided that they have worked more than three (3) consecutive months under the Companys roof sign

All single plate owners (SPO) and single plate lessees (SPL) shall be entitled to the following days off provided that they have completed three (3) months of service under the Companys roof sign and they shall not be charged plate rent or stand rent for said statutory holidays

Employees meeting the criteria outlined in (a) and (b) above shall be given credit for said days whether they choose to work or not Credits for statutory holidays shall be given at the time that payment is made for the period covering the day of the holiday

New Years Day Family Day Good Friday

Victoria Day Canada Day Labour Day

ARTICLE 20 TIME OFF

Thanksgiving Day Christmas Day Boxing Day

2001 All rental drivers (12 amp 24 hours) shall be entitled to four (4) weeks annual time-off

All single plate lessees (SPL) shall be entitled to five (5) weeks annual time-off for which they shall not be charged stand rent for time-off taken During said time-off heshe shall not be charged plate rent for the first four (4) weeks

All single plate owners (SPO) shall be entitled to seven (7) weeks annual time-off During this period they shall not be charged stand rent

SPOs and SPLs outlined above will be granted their requested time-off entitlement provided they have no balance owing and provided that a minimum of one (1) week written notice is given to the individual Member of the Owners Group (MOG) and the Company and provided further that said drivers have a minimum of one (1) completed year of uninterrupted service under the Companys roof sign

In cases of accidents and major breakdowns involving SPO and SPL no notice period will be required for time-off and credits for such time-off will be based on daily increments

Where a SPOor a SPL has used all hisher allotted time off and said SPO or SPL has an accident or major breakdown heshe will be given up to a maximum of ten (1 0) additional days of time off and during said time

Collective Agreement laquoCompanygtbull Page 25

heshe shall not be charged any stand rent subject to proof of inoperability of the vehicle being provided

In the case of SPOs and SPLs extended time-off will be allowed for overseas trips All rents must be paid in advance to cover the time off for the extension

Explanation Car owners time off is only when the car is off the road If the SPO or SPL puts a driver on the car it is not considered part of this time off

2002 Single plate owners and single plate lessees will be responsible for arranging for time off for their drivers

2003 Time off may be taken weekly or bi-weekly at the employees discretion Provided further where the employee has taken a minimum of one (1) week heshe may take additional days) of less than weekly increments) in conjunction with the one 1) week

2004 Time off must be taken during the calendar year and cannot be accumulated over more than one calendar (1 year

2005 The MOG SPL and SPO agree that roof signs taxi plates and all other items (computer equipment will remain with the Company during the employees time-off and in the case of rental drivers the rental vehicle will be returned to the vehicle owner

ARTICLE 21 INSURANCE

21 01 Every car owner has the right to obtain insurance from the broker or Company of their choice without interference from the Owners Group

2102 The Owners Group shall upon written request from an employee who is presently insured by a member of the Owners Group provide written details of claim settlements and accident records

2103 The Company shall provide at no extra cost motor vehicle insurance coverage with collision provision deductible not exceeding $75000 or the cost of repair whichever is less for each at fault accident

21 04 The Company shall provide at no extra cost comprehensive coverage with zero deductible including but not limited to middotfire and theft It is agreed and understood that comprehensive coverage does not cover driver owned equipment

Collective Agreement Page26

21 05 The Company shall provide accident benefit coverage as set out in the OAP 1 of the Ontario Automobile Insurance Act and shall abide by the guidelines and statutory conditions as set out by the Insurance Company with whom the Company is insured

2106 With respect to Articles 2103 2104 and 2106 above which applies to accessible shift vehicles only) the Companys obligation is to provide insurance coverage only Any determination of whether a driver is entitled to insurance benefits andor whether a claim shall be paid or denied in any given situation shall be the sole and exclusive responsibility of the Insurance Company

2107 A driver who is insured through the Company shall provide the Company with a Motor Vehicle Drivers Abstract one month before the annual renewal of the Companys insurance policy A driver shall provide additional Motor Vehicle Drivers Abstracts as requested by the Insurer

21 08 The Companys insurer may judge a driver to be a high risk and may assess a surcharge accordingly A driver who is found tomiddot be a higher risk will bear the cost of any such surcharge

21 09 A driver insured by the Companys insurer who is involved in an accident shall regardless of whether he or she was at fault notify the dispatcher immediately The driver shall indicate whether the accident should be reported to the police and whether the customer or driver require medical attention Following notification of the dispatcher the driver shall remove the roof sign from the vehicle and record to the best of his or her ability all relevant information The driver shall bring the relevant information to the office within 24 hours of the incident excluding weekends and holidays)

2110 Drivers are responsible for the replacement of all lost or stolen antennae andor roof signs

2111 The Company shall pay the full El payments for all rental drivers In the event of an increase in the premiums during the life of this Collective Agreement drivers shall pay the drivers share of the increase

2112 All drivers who are insured through the Company obtained insurance must sign the Companys insurance agreement prior to commencing work The Company shall provide insurance agreements with no more than a $75000 deductible to be paid after the accident The amount shall be paid at the rate of $1000 per shift until fully paid

Collective Agreement ((Companyraquo Page27

ARTICLE 22 TAXI PLATE SALES

2201 1 Members of the Owners Group shall be able to sell plate(s) in the following manner

2202

(a) A notice of its intent to sell plate(s) shall be posted and announced over the dispatch system for a period of three (3) days and shall be offered to the lessees and rental drivers in the bargaining unit

(b) Where there is more than one interested applicant the plate(s) shall be offered based on seniority and plates sold shall be the plate of the most junior lesseedriver

Where the sale will result in the layoff of a driver that driver shall be recalled prior to any new hires by all Members of the Owners Group

2 Where there are no applicants the Member of the Owners Group will sell the last leased plate at their discretion Any driver laid off shall be recalled prior to any new hires by all members of the Owners Group

3 Sale of More Than One Plate at One Time

4

5

The Owners Group has the right to sell to whomever they choose provided that no one is displaced

In the event that the most junior lessee is displaced as a result of the sale of the plate the Company agrees to pay to the displaced lessee no more than fifty-five thousand dollars ($5500000) in the first year of this Agreement and according to the succession plan as outlined in article 23 for the following years of this Agreement This would apply only if the said lessee has complied with the succession plan as per article 23

An individual Member of the Owners Group shall not require any of his drivers to give up their rights under this Agreement and work under another roof sign without the drivers written consent given before a Notary Public for Ontario The Union shall be supplied with copies of the consents

In the case where a Member of the Owners Group is leasing a taxi plate and the Member of the Owners Group has a car under this plate and this vehicle is then rented out on a 12 or 24 hour rental this article then does not apply The Owners Group cannot be held responsible for any damage or compensation that may arise from the actions taken by the 3rd party

Collective Agreement laquoCompanyraquo Page28

2301

2302

2303

1

2

3

4

ARTICLE 23 SUCCESSION AND TAXI PLATE LEASES

Definition

The process by which the lessee of a Company-owned taxi license plate having determined that heshe wishes to retire andor otherwise terminate hisher relationship with the Company and having officially notified in writing both the Union and the Company of hisher intention to do so offers the opportunity to hisher driver to be the lessees successor all in accordance with the conditions sot out in this Article

In order to be eligible to offer a lease for succession the lessee must have been a party to a valid taxi plate Leasing Agreement with the Company for a minimum of one (1) year and have two (2) years of continuous uninterrupted service operating a taxi vehicle under the Companys roof sign The lessee must also be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

In order to qualify as a successor the driver must be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

An offer for succession shall follow the following order

No offer for succession can be made until the day after the final version of the seniority list as outlined in Appendix 2 has been agreed upon and signed-off by the Parties

The lessee must notify the Company and the Union in writing of hisher intention to exercise the option of succession and the projected date of the succession

The taxi plate lease shall be offered to the lessees current driver (if any) who shall have thirty (30) days to reject or accept the succession

If the offer is rejected or thirty (30) days have passed since the offer was made the taxi plate lease shall be offered to the drivers who are not single plate lessees (SPL) or a single plate owner (SPO) on the seniority list who shall have thirty (30) days to reject or accept the succession

Collective Agreement ltltCompanygtgt Page29

5

6

2304

2305

2306

2307

2308

2309

The most senior driver on the seniority list (who is not a single plate lessee-SPL or single plate owner-S PO) who accepts the succession shall be the successful incumbent lessee

In the event that no driver accepts the succession the lessee may ask that his request for succession be held in abeyance until such time as an incumbent lessee is found or may retire andor otherwise terminate hisher relationship with the Company at the time of hisher choosing In the event that the lessee retires andor terminates hisher employment relationship the taxi plate shall be returned to the Company and assigned to the next senior eligible driver as per the Companys past practice

The succession shall be valued at no more and no less than fifty-five thousand dollars ($5500000) except as modified as per sub-Article 2308 The driver (incumbent lessee) shall pay to the lessee the full value of the succession fee within sixty (60) days of the date of acceptance of the offer Once the driver has paid the succession fee the driver becomes a single plate lessee for the purposes of this Collective Agreement and will assume all rights duties responsibilities and obligations of a single plate lessee as set out in this Collective Agreement

The Parties agree that any monies or other considerations paid to a lessee at any time other than the time set out in sub-Article 2304 above shall not be counted towards the succession fee

The amount of $300000 (plus HST if applicable) shall be paid to the Company as a consulting fee by the incumbent lessee no later than the day before the day the incumbent lessee becomes a single plate lessee for the purposes of this Collective Agreement

Any lessee who exercises the succession option voluntarily terminates hisher employment with the Company and loses all seniority A driver who wishes to subsequently be rehired by the Company as a driver shall be placed at the bottom of the seniority list The driver will be eligible to become a lessee two (2) years from the date of hisher rehiring

The amount set out in sub-Article 2304 shall be increased annually on the date of the plate and stand rent increases set out in Article 27 of this Collective Agreement The annual increase shall be the same as the average of the percentage increase in the plate rent and the stand rent for that year

In the event of the death of a lessee and provided the lessee is up to date with all payments to the Company and has no outstanding amounts owing to the Company whatsoever the lessees estate shall have up to six (6) months from the date of death to exercise the option of succession

Collective Agreement laquoCompanybullbull Page 30

2310

2311

(a)

(b)

(c)

2312

Leasing agreements must be entered into provided they do not conflict with the terms of this Agreement

Without limiting the generality of 2310 in any way whatsoever a leasing agreement shall contain the following provisions

The lease shall terminate automatically for failure to fuHill any term of the lease including but not limited to failure by the lessee to fulfill any financial obligation or failure by the lessee to obtain replacement insurance in the event of cancellation of insurance

The lessee shall be the principal driver of the taxi vehicle which is attached to the taxi license plate

This Collective Agreement between the parties shall be the entire agreement and there shall be no other fee condition or other obligation except those set out in the Collective Agreement

All leased plates shall remain as such and shall not be converted to rental vehicles for the duration of this Agreement provided there are persons willing to leased said plates

ARTICLE 24 GRIEVANCE PROCEDURE

2401 A grievance shall include any issue regarding the interpretation administration application or alleged violation of this agreement It is the mutual desire of the parties that complaints of the drivers be adjusted as quickly as possible To that end the parties have adopted the following grievance procedure

STEP 1 A driver may bring his complaint to the Supervisor of the Members of the Owners Group If the driver does bring his complaint to the Supervisor he must do so within twenty (20) days of the incident or of he having knowledge of this incident giving rise to the complaint Where the complaint is brought forward it must be given to the Supervisor and the Supervisor shall reply within two (2) working days

STEP 2 Failing settlement of the complaint at Step 1 or where the driver has chosen not to avail himself of Step 1 the driver must file the grievance in writing within twenty (20) days of the incident or omiddotf he having knowledge of this incident giving rise to the grievance The grievance must be referred to the Member of the Owners Group claimed to be responsible andor any other person designated by the Member of the Owners Group Grievances shall be dealt with at the Step 2 meeting which shall be scheduled on the 3rd Wednesday of every month This monthly Step 2

Collective Agreement ccCompanyraquo Page 31

meeting shall be one meeting held at the Companys office Where the grievance involves the discharge of a driver the parties agree to meet within ten (1 0) working days of the filing of the grievance A representative of the Union shall be present at all step 2 meetings The Member of the Owners Group must respond within three (3) working days of the meeting

2402 Should a group grievance or a Union or policy grievance develop it shall be filed at Step 2 within twenty-five (25) days of the incident giving rise to the grievance or of the drivers or Union having knowledge of this incident

2403 Failing settlement under the above the matter in dispute may be taken to arbitration in accordance with article 26

2404 Drivers employed by single plate owners and single plate lessees may not grieve matters or disputes arising between the driver and the single plate owner or single plate lessee A committee shall be set up and made up of equal numbers of Uniondriver and Company personnel to assist in resolving disputes between the drivers and single plate owner and single plate lessee The committee shall have the power to determine a procedure to be followed as well as to determine fault and penalties

ARTICLE 25 ARBIrRATION

2501 After exhausting the provisions of the grievance procedure either of the parties may submit a grievance to arbitration either expedited or formal in writing within thirty (30) days of the Step 2 reply or if there is no reply within thirty (30) days after the expiration of the time limits to provide a reply

2502 Unless otherwise mutually agreed by the parties all grievances referred to arbitration not relating to an indefinite suspension a discharge or any separation of employment or to the interpretation of the collective agreement group grievances and policy grievances shall be referred to the expedited process

Grievances referred to arbitration in respect of indefinite suspensions discharge or separation of employment for any reason or to the interpretation of the collective agreement and group grievances may only be referred to this expedited process by the mutual agreement of the parties

2503 Within fourteen (14) days after notice has been given that the grievance will proceed to formal arbitration the parties shall meet and agree on a single arbitrator If the parties cannot agree on an arbitrator within this time limit either party may request the Minister of Labour to appoint an

Collective Agreement laquoCompanyraquo Page32

arbitrator and this appointment shall be binding on both parties In respect of the cost of arbitration of formal grievances the parties shall share equally the fee and expenses of the sole arbitrator

2504 The formal arbitrator shall have the right to exercise all the powers provided by the Labour Relations Act as amended from time to time

2505 The Arbitrator must hand down a written decision within sixty (60) days of the date of the hearing

2506 As an alternative to the formal arbitration process set out in the foregoing paragraphs a grievance may be referred to a previously agreed-upon person who shall hear the grievance and who shall at the conclusion of the hearing give a decision immediately Such decisions may not be used to alter modify or amend any part of the collective agreement and are made without precedent or prejudice to similar or like cases Such a decision shall be final and binding upon both parties and no further action may be taken on that grievance by any means whatsoever

2507 To maintain the efficiency of this expedited process the parties shall schedule a minimum of one (1) day of arbitration every three- (3) months except in those circumstances where either party deems it necessary to schedule the arbitrator more frequently

2508 The parties shall share equally the fee and expenses of the persons selected to hear the expedited arbitration cases

2509 At all expedited arbitration hearings the Company or Member of the Owners Group shall be represented by a member of their management and the Union shall be represented by a Union staff representative or an officersteward of the Local Union

2510 The Union shall forward to the representative of the Member of the Owners Group a list of the expedited grievances to be heard on the day or days scheduled for the hearing of grievances according to the expedited arbitration procedure The aforementioned list shall be forwarded to the representative of the Member of the Owners Group no later than ten (10) working days in advance of the hearing unless otherwise mutually agreed

2511 By exception a party may call one (1) witness at an expedited arbitration

2512 Prior to proceeding to formal or expedited arbitration and at least thirty (30) days prior to the date of arbitration the parties may upon mutually agreement request that any grievance be referred to a mediator to act as a grievance mediation officer for the purpose of attempting to

Collective Agreement laquoCompanyraquo Page33

mediate a settlement of the grievance The parties shall share equally the fee and expenses of this officer

ARTICLE 26 TAXI PACKAGE

2601 The employer shall provide to the rental driver at no extra cost motor vehicle insurance with a collision provision deductible not exceeding $50000 for each accident at fault

The Owners Group shall also provide to the rental driver at no extra cost comprehensive coverage with zero (0) deductible including but not limited to fire and theft It is agreed and understood that comprehensive coverage does not cover driver added equipment

2602 Each rental driver shall be supplied for a daily twelve (12) or twenty-four (24) hour period at no extra cost a roadworthy safe sedan four (4) door taxicab with proper weather resistant tires for all seasons and with a seating capacity for not less than four (4) passengers containing

2701

2702

2703

1 A roof sign 2 A sealed taxi meter 3 A two-way radio 4 A full size spare tire subject to space limitations 5 A tire tool 6 A jack 7 A mike clip 8 A full tank of gas at start date 9 Air conditioning on replacement vehicle where possible 10 An electric rear window defroster or blower

Any equipment owned by the Owners Group that becomes inoperative shall be repaired as soon as possible

ARTICLE 27 RENTAL CHARGES AND TERMS OF AGREEMENT

This agreement shall take effect upon ratification and be binding on both parties for three (3) years and shall continue for annual periods of one year each unless either party gives at least one hundred and twenty (120) days notice that it wishes to amend this agreement

It is agreed and understood that this agreement will remain in full force and effect until amended by negotiations

Rates shall be as follows

Collective Agreement laquoCompanyn Page 34

712011 712012 712013

Stand Rent (monthly) $43900 $45000 $45900

Plate Rent (monthly) $71926 $75000 $75960

Daily Car Rental 24 hr Regular Plated $9700 $9700 $9700

24 hr Accessible Plated $10500 $10500 $10500 12 hr Regular Plated $6700 $ 6700 $6700

12 hr Accessible Plated middot $8300 $8300 $8300

Credit Card Transaction 50 50 50

Debit Card (per) Transaction $065 $065 $065 (To the Driver)

POS Rental Fee (monthly) $800 $800 $800

POS Insurance (monthly) $300 $300 $300

Note The above rates do not include HST

Note For purposes of car rental rates the weekly rents shall be six (6) times the daily rent

Note It is recommended that drivers use Company supplied POS machines and systems

2704 Employees shall pay all monies owed to the Company in the following manner Monthly By the 5th business day of the month

2705 Any employee failing to pay monies by the above dates and times shall be suspended and not reinstated until the monies are paid in full and credited to their account

2706 Employees shall be entitled to pay their rents to the company by company approved charges cash and cheque - provided the employee has at least one (1) year of seniority

Employee(s) who have one (1) cheque returned NSF shall be suspended immediately upon the company receiving notification from the

Collective Agreement ((Company Page35

bank shall lose such privilege for twelve (12) months and shall be charged the appropriate charges

ARriCLE 28 GENERAL

2801 The Company and drivers shall maintain its internal company charge system and accept major credit cards which currently include Visa Mastercard American Express and Diners Cluben Route as approved by the Company

2802

2803

2804

2805

2806

2807

This system shall continue for the duration of this Agreement so long as external factors outside the Companys control do not prevent the Company from doing so Drivers shall be entitled to cash their charges provided they do not have any outstanding balances at the offices of the Company during the hours of 0830am to 400pm Monday to Friday except holidays The Company shall make available to the employees during normal business office hours receipt cards and credit card slips All credit card charges must be authorized

Drivers shall pay a fee of five (5) of all credit card charges that they redeem

Except as otherwise provided in this agreement all passengers shall be treated in a polite professional courteous and businesslike manner at all times by both the Owners Group and the employees

If requested a properly signed receipt shall be furnished by the owner for all payments made by the driver (If requested said receipt shall show a breakdown of all payments made by the driver and the dates for which they apply) For the purposes of this clause a numbered computer receipt shall be deemed to be signed

The employees who own their own vehicles whether or not they own their own license shall have absolute choice as to where their vehicle is to be repaired andor maintained

No employee either full-time or part-time shall abuse or mistreat any vehicle or equipment (ie roof sign radios meters and aerials)

The Owners Group agrees to work with the Union to lobby the City of Ottawa to allocate stands where necessary and appropriate

The Company agrees to provide the Union with the rules covering the stands controlled by concession agreements

Collective Agreement ccCompanyraquo Page 36

bull

2808 Subject to the provision of adequate insurance coverage all car owners shall be free to place a second driver or a third driver on their vehicles should they require without interference from the Company

2809

2810

2811

2812

2813

2814

In the event the Company refuses an individual employment as a second driver or as a third driver the Company agrees that such refusal may be the subject of a grievance and the onus of proof shall rest with the Company to show just cause for such refusal

The parties agree that no vehicle will have more than three (3) drivers at any one (1) time

The Company shall take reasonable steps to maintain all current concession agreements for the duration of this agreement The Company shall take all reasonable steps to obtain additional concession agreements

The Company shall have a phone line separate from the dispatch office so that drivers business people friends of the office staff may call through middot without having to tie up the dispatchers time The separate phone line may be used by the dispatch office during non-business hours

Time-off without rental fees or loss of seniority will be given to those members of the bargaining unit who are called for jury duty Rental driver(s) must park their rental vehicle(s) at the Companys premises should the jury duty go beyond three (3) days

The Company shall maintain a drivers waiting area As well the Company shall allow the drivers to use the telephone in the office for local calls only pursuant to the current past practice

In the event of an assessment to the CompanyOwners Group by WSIB in relation to the provision of WSIB benefits for the Bargaining unit personnel the CompanyOwners group and the Union agree to renegotiate in good faith the rates set out in Article 2703 Where the parties fail to reach agreement on the issue the matter shall be referred to an arbitrator for full and final settlement

When a customer complaint is received by the dispatcher the latter will advise the customer that an authorized representative of the Company will handle the complaint in an expeditious manner Upon request by the Union the Company shall provide a copy of the computer printout and all other relevant information including but not limited to any taped conversation related to the complaint being investigated The privacy of the customer is paramount and will at all times be respected

Collective Agreement ccCompanybullbull Page 37

2901 (a)

(b)

ARriCLE 29 BEREAVEMENT LEAVE

The Members of the Owners Group agree to grant affected employee(s) the necessary time off of up to four (4) days without fees at the time of death of the following relative(s) of said employee(s) father mother spouse (includes common-law) child brother sister mother andor fathershyin-law

The Members of the Owners Group further agree to grant to affected employees two (2) days without fees at the time of death of the following relatives of the employee sister andor brother-in-law and grandparent

ARTICLE 30 SOCIAL JUSTICE FUND

3001 The Company shall pay to the Union an amount of eight hundred ($80000) dollars per collective agreement year with such amounts being made payable to the CAW Social Justice Fund Inc Said amounts shall be paid by separate cheque by the last day of February in each year of this collective agreement A tax receipt shall be supplied to the Company on receipt of said amount

ARTICLE 31 SAFETY BANQUET

3101 The Company agrees to contribute seven hundred and fifty dollars ($75000) to the Unions annual Safety Banquet in each year of the Collective Agreement

SIGNED THIS DAY OF APRIL 15 2012

FORTH~

~~

Collective Agreement laquoCompanyraquo Page38

Collective Agreement laquoCompanyraquo Page39

SCHEDULE 11 A 11 LIST OF THE OWNERS GROUP

Coventry Connections Inc

Collective Agreement ccCompanyraquo Page40

SCHEDULE nan EXISTING CUSTOMS RIGHTS AND PRIVILEGES

1 There shall be no charge for the receipt cards

2 There shall be no charge for credit card vouchers subject to suppliers (third party) availability and conditions Should the Company pursue a course of action leading to Point of Sale terminals which usage will include Debit transactions Decremental Cards and Credit Cards there would be a charge for paper usage

3 The drivers shall choose their own working hours during their shift

4 Reasonable accommodation shall be given to payment of outstanding debts for accident(s) The following minimum payments are required

A) Up to $1 00000 - $ 1 000 per day

B) Over $100000- $2000 per day

Agreed to on the understanding that this does not apply to spare cars

Collective Agreement laquoCompanyraquo Page 41

SCHEDULE C RULES AND REGULATIONS

1 The following articles of clothing are not acceptable forms of attire at OJS

(a) Sweat pants and shorts except for dress shorts Dress shorts will be allowed from April to Labour Day Drivers caught wearing inappropriate shorts will be given one (1) warning and any future occurrence with regards to inappropriate shorts will cause them to lose the right to wear dress shorts for the duration of that season Shorts can be no shorter than three (3) inches above the knees

(b) T-shirts (except Union decaled T-shirt) without lapels tank tops and muscle s1middot1irts

NB Clothing andor other attire with obscenities profanities or sexually degrading remarks are not acceptable Hair must be clean and neat Faces must be clean-shaven or beards neatly trimmed Clothing must be tear and rip free with no visible patches and is to be cleaned and ironed as required Socks must be worn at all times with all types of footwear except for sandals

2 Drivers must be courteous and pleasant at all times and must conduct themselves in a professional business-like manner

3 There is to be no abusive foul language or gestures directed at customers or the general public

4 Consumption of alcohol or drugs will not be tolerated prior to the commencement of a shift andor while driving

5 There wiil be no arguing and fighting among drivers or other DJs personnel under any circumstances

6 No playing of cards or any other games of chance is allowed at any time when working This includes any form of gambling or betting on the air

7 Profanity or abusive language on the air or in your vehicle is prohibited at all times

8 Use of cell phone during the conveyance of a customer(s) is prohibited

9 Each taxicab and driver shall carry at all times a current street guide Drivers are to make proper use of this guide to avoid unnecessary air time

Collective Agreement ccCompanyraquo Page42

10 Deliveries are to be taken directly to the destination Running other fares while occupied on deliveries will not be permitted unless approved by the dispatcher

11 No messages between drivers are permitted Drivers will receive messages to call home spouse office union office partner or garage

In addition When an authorized Union rep asks the dispatcher to have a member of the bargaining unit call them for union business only this will be allowed and if necessary a phone number will be given

12 Picking up a fare while on the way to an accepted dispatch call will not be permitted

13 Drivers must allow 5 minutes wait at the customers pick-up address

14 Drivers shall take reasonable steps to ensure that they pickup only those fares that they are dispatched to Drivers must check with dispatcher for authorization before taking another fare from same address

15 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical breakdown emergency or any other reason(s) not herein listed the dispatcher shall reshydispatch the fare and suspend the driver for one (1) hour

16 Interference or jamming of the radio is a Federal offence and will not be tolerated

17 When necessary drivers must assist customers with handling of baggage and opening and closing of doors

18 No complaining to customers about short fares or time calls A list of regular short fares will be established and such fares shall be dispatched as Locals

19 At customers request music radio and other sound systems except for the twoshyway radio must be turned off

20 Driver must issue a receipt card upon request by customer Drivers signature must be clearly marked in the appropriate place on the receipt card There is no charge for the issuance of a receipt card

21 No new driver is to commence work until he has been briefed by OJS staff in the operating of our charge account system

22 Some of the guidelines in the operation of our charge account system are as follows

Collective Agreement laquoCompanyraquo Page43

(a) All charges are to be signed with car number (eg-DJ70) and date clearly written

(b) If the fare goes to more than one destination these other destinations are to be clearly marked on the reverse side of the chit

(c) Taxi chits to be signed by the customer and dollar value to be clearly marked

(d) Gift certificates which currently have a maximum value of $500 each are to be accepted at face value and change given as required

(e) Drivers must note on back of chit the drop offpick up address if it is different from address shown on face of chit

Drivers are prohibited from buying other drivers charges whether they be DJS drivers or other cab Companys charges Violation of this rule shall result in the following fines

1st offence -2d offence bull 3rd and subsequent offences-

$5000 per chit $10000 per chit $20000 per chit

plus the face value of each chitCredit Card in all cases

The parties agree that the above penalties are specific penalties within the meaning of the Ontario Labour Relations Act An Arbitrator shall not have the power to alter or modify any penalty imposed under this clause

(f) Drivers must accept all major credit cards approved by OJS Taxi

(g) Drivers are responsible for ensuring that all necessary information is clearly marked on charge vouchers as follows

bull Customers name and signature bull Card number (correct number of digits) bull Expiry date bull Drivers signature and car number (eg-DJ70) bull Ensure proper copies of charges are submitted to the Company for

processing bull No hand written major credit card sales drafts will be accepted

23 All cars are to be cleaned inside and out by 1000 am every day with due regard given to road and weather conditions

Collective Agreement Page44

24 All drivers must ensure that they have change for $2000 at all times and will not be removed from the sheet while getting change provided they are not called

25 No taxicab driver shall charge a passenger for

(a) The cost of proceeding to an establishment for change or

(b) Waiting time while a passenger obtains the change provided the bill presented for payment is of $2000 denomination or less

26 No vehicle to be left unattended with keys in the ignition

27 No person(s) unless authorized by the Company shall accompany the driver in the vehicle while heshe is occupied with a paying fare

28 Taxis must not be left unattended on a OJS taxi concession stand for more than ten (1 0) minutes

29 Only au~horized drivers with valid licenses can operate a taxi-licensed vehicle

30 Roof sign must be removed from vehicle when not on duty or involved in an accident

31 ALL DRIVERS ARE ADVISED THAT IT IS AGAINST THE LAW AND OJS TAXI COMPANY LIMITED POLICY TO REFUSE DOG GUIDES IN THEIR CABS REFUSAL WILL RESULT IN FINES AND DISCIPLINARY ACTION BY THE COMPANY

1st offence - 1 week suspension 2nd offence - 2 weeks suspension

3rd offence - Dismissal No longer working under the OJS roof sign

Accommodating Persons with Disabilities

The Management of OJS Taxi wishes to advise all its employees drivers and others operating under the OJS Taxi roof sign of the OJS Taxi policy with respect to blind passengers whether or not they use dog guides

Under the Blind Persons Rights Act of Ontario no person may either deny any person services customarily available to the public or discriminate against any person with respect to services available to the public for the reason that they are a blind person accompanied by a dog guide

Under the Ontario Human Rights Code every person has a right to equal treatment with respect to the supply of services which includes taxi services

Collective Agreement laquoCompanyraquo Page45

bull

without discrimination because of among other things a disability A disability includes any physical impairment such as being blind visually impaired deaf or hard of hearing

Guide Dogs and Taxi Services Many disabled persons are physically dependent on guide animals in their daily activities Canadians who are blind or visually impaired deaf or hard of hearing or who have other types of disabilities such as epilepsy are dependent on guide animals

Accommodation of these individuals necessitates that they be permitted to take their guide animals with them into taxi cabs Refusing to allow them to do so will infringe on their human rights and is against the Blind Persons Rights Act of Ontario and the Ontario Human Rights Code

This notice will simply repeat what should be apparent to you all that if a blind person with or without a dog guide is refused services by any OJS Taxi driver such actions will result in fines to the driver and other disciplinary action including the possibility of suspension by the Management of DJs Taxi Co Ltd

For more information regarding guide animals please review the attached pamphlet and information sheet published by Dog Guides Canada

Any inquiries concerning this policy should be directed to any member of the Management who will if it is required explain the policy to you

32 Drivers are not allowed in the dispatch office

33 All parking tickets will be paid by the rental driver responsible

34 In order to boost with Company owned taxicabs employees must request an obtain instruction from the garage manager or his designee on the proper method of boosting in order to reduce any risk of injury to the driver passenger and damage to the vehicle(s)

In the event of misuse employees at their discretion may be either disciplined in accordance with the principle of progressive discipline or have the option of reimbursing the Company for the cost of damaged parts

35 Any driver operating a taxi while his drivers license or taxi license is under suspension will be disciplined unless the driver can obtain written proof from the Ontario Ministry of Transport andor the appropriate taxi licensing authority that the driver did not receive evidence that hisher license was suspended or cancelled

36 When necessary or requested all elderly andor disabled customers are to be assisted in and out of taxicab at all times

Collective Agreement laquoCompanyraquo Page 46

37 No stealing fares

38 Drivers are not allowed to book no loads and run the fare

39 Drivers cannot refuse dispatched fares subject to article 1304 andor where the driver believes his safety or health is at risk

40 Failure to come to voice after two (2) requests by the Dispatch Supervisor will result in the Driver being suspended in the computer

41 Dispatch staff will not make phone calls for drivers unless it is an emergency situation

42 There shall be no personalization of any fares or trips placed through the Dispatch System of OJS Taxi except for returns east of but not including the Civic Hospital within the same twenty-four (24) hour period Where a return-call has been prearranged through the Dispatch System prior to the initial call being dispatched then the return-call cannot be personalized

43 Drivers will pay monies owed to the company by 400pm on the day that they are due No driver with an outstanding balance will be allowed to book on the sheet until their account is paid in full to the business office This means credited to their account and a receipt issued

44 Dispatchers shall give the line-up every thirty- (30) minutes except for the months of December January and February On implementation of the Computerized Dispatch this clause will be eliminated

45 All deliveries shall be given out as regular calls except where provided in this agreement and all employees shall have the option to refuse to deliver alcohol When a dispatcher requests a driver to call him for information concerning a delivery the dispatcher will first give the delivery address over the radio to ensure the delivery is being dispatched correctly

46 When drivers book out of their cars to attend scheduled complaint meeting appointments they shall be allowed to remain in their spot on the line up queue passed by for fares and treated by the dispatch as if they are no longer on the sheet

When the affected driver returns to his car and books back in he shall be returned to his position in the line up queue and given his next rightful fare

The maximum time a driver shall be allowed to book out for a complaint meeting is one half-hour

Collective Agreement laquoCompanyraquo Page 47

This rule shall only apply if the affected driver does not incur any discipline as a result of the complaint meeting

47 All cabs at DJS Taxi must have a mike clip and the clip must be used Drivers must pick up their mike when communicating

48 Drivers using vans as taxicabs must have and make use of (when requested or required) a portable step to assist passengers in and out of their vehicles

49 All taxicabs must be free of any body damage and any damage must be repaired within ninety- (90) days

50 Roof signs must be kept in good working order and condition with Company approved logo clearly visible front and rear

51 In order to ensure equipment is compatible with computer dispatch system all new radio equipment must be approved by the Company prior to installation

Collective Agreement laquoCompanyraquo Page48

SCHEDULE D CREDIT CARD POLICY amp PROCEDURES

DRIVERS MUST ACCEPT ALL COMPANY APPROVED CHARGES CREDIT AND DEBIT CARDS

DRIVERS MUST HAVE A POINT OF SALE UNIT AND A MANUAL PRINTER PER CURRENT BYLAW CITY OF OTTAWA

Due to the increased use of fraudulent Credit Cards by customers in taxicabs the following procedures have been developed to protect drivers from falling victim to Credit card fraud When accepting Credit cards the following rules must be followed

Credit and Debit Cards- the following rules must be followed

AUTHORIZATION OF ALL DEBIT AND CREDIT CARDS

All Credit Card slips must be authorized regardless of amount Verification is generally done after the fare is completed but verification of an estimated or known amount can be done prior to the completion of the trip if

bull The destination is beyond the radio coverage area bull The driver has reason(s) to suspect the validity of the card

INFORMATION REQUIRED FOR ACCEPTANCE OF DEBIT ANDOR CREDIT CARD SLIP FOR PAYMENT The completed Credit Card slip must contain all the following information

(a) Vehicle Number (pre-printed on POS slip if not to be written by hand at the bottom of the slip)

(b) Drivers ID Number and Initials (c) Amount of fare and gratuity (if applicable) (d) Authorization number (Pre-printed on POS slip) (e) Date of the fare (Pre-printed on POS slip) (f) The Debit or Credit Card must be swiped at all times (in the event that the

receipt does not print imprinting Credit Card only on manual imprinter is acceptable with customers signature but the imprint of the card number has to be clear) In the case of a swiped transaction part of the card number will display per Credit and Debit Card industry rules

(g) Customers signature clearly written (Credit Card only) marked TRANSACTION COPY We will accept the CUSTOMER COPY as long as it has the customers signature Debit POS slips are to be submitted marked TRANSACTION COPY NO SIGNATURE IS REQUIRED

Collective Agreement laquoCompanyraquo Page49

DISPUTES BY A CUSTOMER

Should a debit or credit card slip be disputed by the customer their bank or other financial institution the company will investigate If such investigation proves fraud or error by the driver the driver will be charged back for the full amount of the charge

If the disputed transaction was processed on a non-company unit a $500 plus HST charge plus the value of the charge will be debited to the drivers account The Company will refund the customer for the value of the charge

Should a customer andor driver report that the charge has been approved more than once the Company will investigate The Company does not allow any refunds in the taxicab Drivers can void a transaction but this must be done before Batch Closing the transaction A Void can only be done in the presence of the customer as the card (debit or credit) must be present The driver can then re-swipe the card for the correct amount The Company publishes a toll free number for customers or drivers to call with any concerns about a transaction If a customer has been charged more than once for the incorrect amount the following procedures apply

Credit Card

The Company will verify that the customer was charged multiple times or has been over-charged and issue a refund as necessary The Company will send a copy to the customer upon request All refunds are processed on a Point of Sale unit or Virtual Merchant (on-line) The Company may contact the driver to determine the validity of the customers details

Debit Card

The Company will verify that the customer was charged multiple times or has been overcharged and issue a cheque refund as necessary The Company keeps a copy of the cheque issued

GENERAL INFORMATIONGUIDELINES

1 If the driver has overcharged the customer and has been paid the incorrect amount the Company will adjust the drivers account and provide a receipt The Company maintains a log in the even there is a dispute by the driver or the customer If the driver reports the overcharge that is logged on a Customer Incident Form which has a Control Number

2 Hand written Credit Cards will not be accepted All Credit Cards must be passed through a manual imprinter which clearly shows the full credit card number If the credit card number is not clear and cannot be authorized

Collective Agreement laquoCompany Page 50

the driver will face debitchargeback of the amount as it cannot be authorized

3 The only Credit Cards accepted by Taxitab a division of Coventry Connections Inc are

i Visa ii Mastercard iii American Express

Note Visa Mastercard and American Express all issue prepaid credit cards these are all accepted

4 Taxitab a Division of Coventry Connections accepts Debit Cards for Canadian Financial Institutions Debit Cards for foreign banks may not

work on the unit Visa Mastercard have commenced issuing Debit Cards these are all accepted These cards are clearly marked on the face of the card with the Visa and Mastercard logos

5 The following items are to be checkedverified by the driver upon presentation of a Credit Car (a to d) Debit Card (d only)

CHECK LIST

(a) Expiry Date Ensure the card is valid Check to be sure that the Card is not being used beyond the expiry date printed on the card If the card is expired refuse to accept it

(b) Altered Cards Check to see if the card has been noticeably altered in any way If it has been refuse to accept it

(c) Card holders name and signature Check that the signature on the Credit Card slip is the same name printed on the card At the same time check that the signature is the same as the signature on the rear of the card If there is no signature on the rear of the card ask the customer to sign it as you are required to check this

If in doubt ask to see some other form of identification (preferably one with a picture and signature) that ensures that the person using the card is who they say they are

(d) Amount of fare and gratuity (if applicable) The amount of the Debit or Credit card slip must be equal to the amount of the fare and the gratuity (where applicable) Each amount should be entered in their respective places and only by the customer unless otherwise directed In the case of a Debit Card customer must always enter their PIN number to

Collective Agreement ltbullCompany Page 51

authorize the card Drivers must remind customer that the TIP field comes first followed by the PIN number

(e) $150 Surcharge

Debit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated by the City of Ottawa By-Law The $150 charge is prompted by the point of sale unit automatically The Driver receives 65cent of the $150 for every transaction

Credit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated in the City of Ottawa By-Law The $150 charge is NOT prompted by the point of sale unit automatically The driver adds the $150 to the metered amount and enters this total in the base amount field

6 CAUTIONS

7

(a)

(b)

(c)

Bank Card only have the Bank name on the card

Credit Cards are identified by the VISA MASTERCARD AMERICAN EXPRESS OR DINERS CLUB-ENROUTE symbols Only Cards with these symbols will be accepted

Credit Cards will have a holographic image on the face of the card

CASH ADVANCES

The use of Credit Cards for cash advances in the taxicab is not permitted Credit Cards must only be used in the taxicab for paying for an actual fare Anyone using a Credit Card in a taxicab to obtain cash advance is most likely using a stolen or fraudulent card

8 OUT OF TOWN FARES

For the drivers protection it is suggested that for fares going out of town and the customer wishes to pay by Credit Card it is recommended that the driver authorize the fare at the beginning of the trip (dispatcher can give an estimated amount) If there is a difference process the difference at the end of the trip There is a pre-authorization feature available for Credit Card only on the Point of Sale unit The Company can activate this on driver request but the driver must be

Collective Agreement ccCompany)) Page 52

bull

9

given correct training for this There are several steps involved with pre-authorization that must be followed before batch closing

BATCH CLOSING

Drivers must close transaction in the terminals at the end of their shift Credit Card authorizations only remain in the terminal for five (5) days after that the processor closes them automatically Drivers must batch close all credit cards no later than four (4) days in order for the items to appear on the batch close report

Batch Close reports will print separately for Debit and Credit Cards and list the details of the transactions in the terminals showing the card type and the last four (4) digits of the card involved This Batch close cannot be reprinted drivers must hold on to them Attach the slips to the Batch Close and bring to the cashier The cashier will verify the attached slips are on the batch close and proceed to pay or credit the driver assuming all slips are authorized and complete (as discussed above under (1) Authorization Procedures)

The following circumstances regarding Batch Closes will apply

(i) Batch Close with All Debit and Signed Credit Card slips- Driver will be paid or credited at time of presentation at a cashiering station

(ii) Batch Close- No Debit Slips if the batch close shows a Debit Slip and the driver has misplaced or lost the slip the Driver will be paid or credited at the time of presentation at a cashiering station

(iii) Batch Close No Credit Card Slip- No Slip No Payment at time of cashiering (driver is to go to Driver Admin in this instance) If the driver has a signed manual slip and the last 4 numbers of the card match those on the batch close the slip will be accepted by the cashier

NO BATCH CLOSE REPORT -If a Driver has lost or misplaced Batch Close report the Driver is to go straight to Driver Admin (not cashiering) The Driver is to bring the receipts (if there is a credit card slip with no signature there is a separate procedure for this below) he has for which he has not batch close Driver Admin will initiate a Batch Close Incident Report which has a Control Number for future reference The Procedure is as follows

(i) Driver Admin to Photocopy all Slips and write the Control from the Batch Close Incident Form on the photocopy and date the sheet The

Collective Agreement ccCompanyraquo Page 53

bull

bull

Driver is to keep this in the event of a dispute or apparent nonshypayment in account

(ii) Driver Admin will complete the top copy of the report attach a copy of the slips The Driver will complete the bottom part of the report and sign it

(iii) Management will need 72 hours (three business days) from the date of Incident Report to investigate the transaction has been settled in the POS unit

(iv) Providing Management confirms the transaction is complete the slips will be credited to the Drivers account and a receipt will be printed A copy of the receipt is attached to the Batch Close Incident Report The Control from the Form is entered when the the amount is credited for reference A receipt can be printed at that time by cashier

(v) In the event that a driver does not have a Batch Close and presents a credit card slip with no signature the following will apply

(vi) If the Driver experiences a problem with the Batch Close or operation of the unit the Driver is to bring the unit to the office during normal hours Management will investigate the issue and call Driver to reshyissue the unit completing paperwork for the replacement unit which the driver will sign

Any driver attempting to defraud a customer by processing a debit or credit slip more than once will be terminated

Collective Agreement laquoCompany)) Page 54

bull

bull

SCHEDULE E STOLEN FARE POLICY

Whenever the Dispatch Supervisor receives a complaint that a fare either dispatched to the complainant or from within the same block of taxi standconcession on which the complainant is parked has been stolen and the identification of the accused is made known the Supervisor shall

(a) Bring the accused to voice and notify himher of the allegations

(b) Inform the complainant that a deposit of forty dollars ($4000) must accompany his accusation and to be deposited within one (1) hour of the complaint Where applicable inform the complainant that the accused wishes to challenge the allegations and the date and time of the hearing shall be known to both parties

(c) A failure of either party to attend the hearing will result in an additional fine of forty dollars ($4000) to be paid within sixty (60) minutes of the conclusion of the hearing or a suspension ob the absent party until payment is received

(d) Inform the accused of the available options

(i) Arrange for repayment of the fare in its entirety to a minimum of forty dollars ($4000) to the complainant a Union representative or the Company on behalf of the complainant within sixty (60) minutes or

(ii) If the allegation is being denied and the accused wishes to refute it forty dollars ($4000) must be deposited at the dispatch office within sixty (60) minutes with a notification to the Dispatch Supervisor that the allegation is being challenged

Where the accused fails to respond to two (2) voice messages or refuses to comply with (c) the accused shall have dispatch services suspended until in compliance or the Company receives instructions from a Union Representative to do otherwise

The penalty for a wrongful accusation is the payment of forty dollars ($4000) to the accused by the accuser in addition to the return of the accuseds deposited payment

It is understood and agreed that the action(s) of the Dispatch Supervisor(s) in the compliance of this Policy is not to be construed as a determination of who is the guilty party In all disputes regarding stolen fares the Committee shall make the final determination with respect to guilt

Collective Agreement laquoCompany Page 55

bull

bull

Note Such fare(s) will not be considered as Stolen Fare(s) if picked up by driver(s) arriving on the Concession(s)Taxi Stand(s) prior the driver(s) who accepted the dispatched fare(s)

Collective Agreement ((Company Page 56

bull bull

APPENDIX 1

PLATE CAR LESSEE IND START LESSEE START

1 1027 5027 ADAM GRANT 1 91111986 111987

2 1015 5015 TIMS VAUGHN 411995 411995

3 1043 5043 MARTON FERENC G 10251995 10251995

4 1050 5050 DUBOIS JOHN 12111994 311996

5 1048 5048 SUNIL JOSHI 1111994 711996

6 1030 5030 SLIM MOHAMED 711996 7111996

7 1041 5041 JAMALEDDINE ZAHER 911996 911996

8 1040 5040 MAHEUX FRANK 11151996 181997

9 1109 1 5109 ASTLEY JAMES 1011994 1131997

10 1045 5045 MELHEM SAMIR 1211996 9211997

11 1028 5028 LABINE ANTHONY 10151980 11281997

12 1054 5054 ELmiddotNEMER NEMER 11131997 21271998

13 1113 5113 WEAGANT BROCK C 82211988 3131998

i

14 1039 5039 SOBH HAC HEM 11171997 5111998

15 1044 1 5044 MOUFARREJ RAYMOND 10241996 1161998

16 1042 5042 MCCONVILLE BILL 311992 11111998

17 1107 5107 GIANNAKOS LOUIS I 9111997 491999

18 1026 5026 VERMA LALIT 51261996 5311999

19 1033 5033 MITCHELL BRUCE 111987 9301999

i

20 1108 5108 PAPPAS CHRISTINE 121111991 1041999

rmiddot 1014 5014 NYTRA BEDRICH 961996 3302000

22 1000 5000 ABOUmiddotARRAG SAM I 611997 7132000

23 1038 5038 MUNROE JOHN 1111977 492001

24 1022 5022 RADULESCU GELU 611999 5232002

25 1139 5139 HASSOUN I MOUFID 71211999 8152002

26 1006 5006 SADER I GHASSAN 6211999 292004

27 1029 5029 CLAYTON GREG 911980 21132004

Collective Agreement ccCompany Page 57

bull

28 1034 5034 IBRAHIM 12301995 4302004

29 1037 5037 ABDALLA HASSAN I 3312000 2202006

30 1010 5010 HASSOUN AD NAN 8272001 312006

31 1031 MASSOUD 1241998 312006

32 1 1o35 5035 JANCO 911992 362006

1 33 1036 5036 SINGH BALWANT 92211999 3172006

Collective Agreement ltltCompanyraquo Page 58

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 7: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

607 The Company upon receipt of a written request from an employee shall supply said employee with a receipt for monies collected on behalf of the Union from that employee for the previous calendar year

ARTICLE 7 CONTRACTING OUT BARGAINING UNIT WORK

701 The Company shall not contract out bargaining unit work

702 Supervisors office staff garage staff dispatchers phone staff andor any other person(s) outside the bargaining unit except for multi carplate ownerslessees shall not perform bargaining unit work

ARTICLE 8 UNION REPRESENTATION

801 The Union shall notify the Company and the Owners Group in writing of names phone numbers (if any) taxi plate number and position(s) of the persons authorized to represent the Union andor the employees for the purpose of this agreement

802

(a)

(b)

803

Further the Union shall promptly notify the Company and the Owners Group in writing of any changes in these names andor positions

The Members of the Owners Group shall provide to the Union all necessary information relating to the following matters on a current basis

A list of employees showing their names addresses and taxicab plate numbers

Employees andor their business agent with the written consent of that employee shall have access to any report complaint or personnel records at reasonable times and shall upon request be supplied with copies of the documents at said employees expense The Company agrees that any information if found to be inaccurate will be corrected

Upon the Union giving reasonable notice during business hours (Monday to Friday) the Company will broadcast notice(s) of Union meeting(s) across the dispatch system once every four (4) hours during the forty-eight (48) hour period immediately preceding the date of the Union meeting

Such announcements shall be limited to no more than twice (2) per month

804 The present notice board will be maintained and made available for the posting of messages and communications directly related to Union

Collective Agreement laquoCompanyraquo PageS

805

806

(a)

(b)

(c)

business subject to the approval of the Company whose approval shall not be unreasonably withheld

Union representatives shall be entitled to distribute Union literature at or near the Companys place of business during non-working and working hours

Upon written request from the President or Business Agent of the Union a leave of absence shall be granted to

Employees for the purpose of attending Union functions including but not limited to conventions schools seminars or other functions excluding matters arising from the administration of this Collective Agreement

Three (3) employees for the purpose of attending contract negotiations meetings with the Company

Provided that in all instances the President or Business Agent notifies the Company at least seven (7) days prior to the intended leave as it applies to (a) and in (b) as much time as possible

An employees seniority will continue to accumulate during a leave of absence and employees will not be charged any fees for up to maximum of fourteen (14) days per calendar year per employee provided such employees do not work their scheduled shifts During this period except for days of negotiations rental cars are to be parked at owners premises The following pro rated charge will apply for negotiations If negotiations end before 1400 hrs - 12 day credit If continued past 1400 hrs -full days credit to affected employees

807 Leave of absence without fees shall be granted for a period of up to one (1) year to an employee who is engaged in full-time Union activity Such leave of absence shall upon request be extended from year to year to a maximum of three (3) years

During such period(s) of absence seniority shall continue to accumulate All Owners Group equipment and licenses will be returned to the Owners Group Member(s) prior to said leave

808 All taxicabs operating within the bargaining unit may place in the right hand corner of the rear window- without interference from the CompanyshyA Union decal supplied by the Union Such decal shall not exceed four (4) inches in diameter

Collective Agreement ccCompanyraquo Pageamp

809 Union representatives or stewards shall be entitled to book off the dispatch system and leave their work during working hours in order to carry out Union business as they may be advised by the Union

ARTICLE 9 DISCIPLINE AND DISCHARGE

901 No employee shall be disciplined or discharged without just cause

902 The Company andor Owners Group shall provide the Driver and the Union with written notice(s) of any discipline taken against a driver of the bargaining unit within thirty (30) business days of the incident giving rise to the discipline except for creditdebit card andor taxi chit fraud which shall be within sixty (60) business days of the incident giving rise to the discipline or the penalty will be null and void and further except where if the driver has been charged with a criminal offence and this comes to the attention of the Owners Group within six (6) months of the incident

903

904

905

(a)

By mutual agreement of the parties a minimum of one day per week shall be scheduled for the purpose of investigating complaints or allegations which may result in discipline to a driver A shop steward or Union representative shall be in attendance Notwithstanding the foregoing the Company or the Owners Group may initiate an investigation at any time if either deems the issue to be of a serious nature Should the investigation involve an interview of a driver the driver shall be entitled to Union representation

A driver is a probationary driver until he has worked for three (3) months under the DJs roof sign During this probationary period the driver would be working on a trial basis and be disciplined up to and including discharged at the sole discretion of the Company provided that the Companys decision is not arbitrary discriminatory or in bad faith as per Article 1 0 of this Agreement

Discipline shall be applied middotuniformly and disciplinary measures shall be appropriate to their cause(s) and subject to the principle of progressive discipline middot

The Owners Group agrees not to enforce Municipal Provincial or Federal Laws unless related to vehicle or public safety or to customer service

A grievance concerning a discharge of an employee shall commence at Step 2 of the grievance procedure within six (6) working days of the event

Such grievance may be settled by Confirming the action of the member of the Owners Group or

Collective Agreement ccCompanyraquo Page7

906

907

908

(b)

(c)

(d)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

Reinstating the employee with no loss of seniority andor with compensation as may be determined by the parties or

By any other arrangement which may be deemed just and equitable or

By proceeding to Arbitration in accordance with Article 25

No person shall have their dispatch services curtailed or suspended without just cause In the administration of this clause drivers shall complete the shift except

Where they or their vehicle is a danger to the public

Where they have not fulfilled their monetary obligations to the Owners Group or the Union

Or where their vehicles are required for garage service

When the taxi is dirty either inside or outside or both (car wash)

When the taxi driver has stolen a fare

When the taxi driver is not properly dressed

When the driver is intoxicated andor on illegal drugs

Employees shall have the right to have Union representation in meetings with the Company relating to discharge or discipline of that employee If a Union representative is unavailable for a scheduled meeting between the Company and that employee the meeting will not go ahead as planned

Disciplinary actions and adverse reports of an employee shall remain on said employees file for a period of one (1) year from the date of the offence No disciplinary proceedings against that employee shall be used after one (1) year except for disciplinary records involving sexual harassment assaults or refusal of a Guide Animals which shall remain on file for four (4) years from the date of the discipline

The Company is prepared however to review all driver files and have discussions with the Union with respect to those drivers who have had repeated problems

909 Employee(s) under suspension shall not pay any cab-rental or stand rent commencing on the fourth (4th) day of suspension and shall not pay plate rent commencing the beginning of the fourth (4th) week of suspension A

Collective Agreement laquoCompanyraquo PageS

suspended employee shall not be entitled to operate on any Company taxi stand while under suspension

ARTICLE 10 NON-DISCRIMINATION

1001 The Owners Group shall not discriminate against employees with respect to terms and conditions of employment on any of the prohibited grounds named in the Ontario Human Rights Code or on the grounds of union activity

1002 There shall be equal opportunities regardless of sex in all facets of the Company and the Owners Group business governed by this agreement

1003 No employee shall be required to retire on the grounds of age

ARTICLE 11 STRIKES LOCKOUTS PICKET LINES AND LABOUR DISPUTES

11 01 There shall be no strikes or lockouts so long as t~1is agreement continues to operate The word strike and the word lockout shall be defined in accordance with the definitions set out in the OLRA 1995 as amended

1102 Employees in the bargaining unit shall have the right to refuse to cross a picket line andor refuse to handle struck work in connection with a labour dispute

11 03 Failure to cross a picket line or handle struck work shall not be considered grounds for disciplinary action or otherwise be a violation of this agreement

1201

(a)

ARTICLE 12 DISPATCH

The Company shall supply maintain and operate a computerized dispatch system to provide fair and equal distribution of all calls trips or parcels received by the Company Computers in vehicles shall be serviced and maintained in working condition by the Company as the need arises

1202 The Company shall ensure that all requests for taxicab service are dispatched through the dispatch system of the Company and shall only be dispatched to licensed taxicabs in an equitable manner as determined by the terms of this agreement

Collective Agreement ccCompanyraquo Page9

1203 The Company agrees that the geographic locations of the stands which shall include backup stands shall be outlined in APPENDIX 1 and attached to this agreement Modifications can be made from time to time with the written approval of the parties

1204 The Company agrees that the current phone number (613) 829-9900 shall be used offered andor advertised for the dispatch of taxicabs operating under the Companys roof sign The Company further agrees that the telephone number (613) 829-9011 shall continue to be used for the dispatch of taxicabs operating under the DJs Taxi roof sign The parties agree that this latter telephone number shall not be advertised for DJs Taxi Co Ltd middot

1205 middot1n cases of abuse of the cheater switch the Union agrees that computer records of call-backs shall be prima facie proof of the abuse alleged by the Company Nothing herein shall be construed to condone or permit the use of the cheater switch Violations of this sub-article shall be considered grounds for discipline

1206 All requests for non-metered taxi service or other special taxi services shall be distributed in a fair and just manner

1207 Dispatchers phone staff and supervisors shall not dispatch any call or trip to any driver or on behalf of any driver by means of a pager or other similar communications device including but not limited to telephones with the exception of Para Transpo runs which shall be distributed in accordance with Appendix 3

1208 The Company shall ensure that there is no preferential treatment to any individual in respect of taxi dispatch services

1209 The Company shall employ a sufficient number of trained staff to serve the business in an efficient and expeditious manner

1210 When the Company dispatches a fare to an address that is different from the stated address of the caller the Company shall pay twenty dollars ($2000) to the driver dispatched

1211 The Company shall ensure that no derogatory remarks andor profane language is directed by the dispatchers and phone staff to drivers and vice versa The Company shall ensure that dispatchers and phone staff perform their duties in a polite businesslike and courteous manner at all times

1212 When a cancellation is received through the computerized dispatch system within the lead time of the Zone of the original call being placed

Collective Agreement laquoCompany)) Page 10

and the telephone number given at the time of the cancellation matches the telephone number given at the time of the request for the taxicab andor when a vehicle is dispatched to a non-existent address that is confirmed by the dispatch Supervisor the vehicle sent to that address would be placed in the first available position in the priority queue (given a No load)

bull No Load Priority Cancellation Local Incomplete Address

1213 In the event of a failure or malfunction of the computerized dispatch system the Company agrees that after a maximum of ten (10) minutes the addresses of the calls waiting will be made known to the drivers by voice In the event the server(s) is down for longer than twenty (20) minutes the Company must credit every driver in the bargaining unit an equal amount using the following formula five hundred dollars ($50000) divided by the total number of drivers in the bargaining unit to a maximum of two (2) crashes per month The Company will be entitled to two (2) downtime occurrences per month for upgrading and maintaining dispatching software and call centre hardware The Company agrees to notify the Union of the time and date of any organized shutdown The Company shall use its best efforts to have the shutdown during non-peak hours

1214 The Company agrees that dispatchers shall co-operate in every way possible to aid an employee who reports himself in danger The dispatcher shall not assess for himself the degree of urgency in any distress call and shall utilize nearby taxicabs andor police to provide aid

1215 (a) Time Calls

Time calls are prearranged calls Pre-arranged fares going to the Airport Train or Bus Station or downtown will also be considered a time call Time calls will be dispatched fifteen (15) minutes prior to the requested time to the first car booked on the corresponding stand

Out of town fares are calls reserved at least one ( 1) hour prior to the requested time It must have an estimated destination exceeding 100 kms or be on the middotflat rate sheet These fares will be dispatched forty-five (45) minutes prior to the requested time

The dispatcher may increase lead-time for time calls or out of town calls if weather traffic road conditions or the distance to locations warrant it

Collective Agreement ccCompanyn Page 11

(b) No information will be given out by the dispatch staff concerning fares coming into the Company office except for requests concerning the number of time calls to be dispatched between the next time period of 330 am - 630 am Dispatchers shall upon request inform the driver of the number of time calls to be dispatched during the next time period of 330 am - 630 am Dispatchers shall not give out any information with reference to the location of any time calls

1216 It is agreed that any concessiontaxi stand fares must be dispatched to drivers booked on the sub zones If no drivers are booked on the sub zone the fare will be dispatched as a regular fare If no drivers are booked on the zone the fare will be displayed on the main zone only as a fare waiting

1217 Attributed Call

These are calls where a special circumstance is made known to the Callshytaker and drivers are not forced to accept

Attributed calls shall include calls originating from the following locations or where the special circumstance indicated is made known to the phone staff

1 Bars -(except those listed as Messages) 2 Parcels 3 Wheel Chairs 4 Animals -(except guide animals) 5 Bicycles 6 Moving Jobs 7 Station WagonsNans 8 Boosts 9 No-Van Calls

Calls originating from the following addresses will be sent out as messages however should there be a Call-back for any of these addresses the Call-back shall be dispatched as a Local to the first car booked on the appropriate Zone

(a) OConnorsAMC Theatres (Kanata Centrum)

(b) Vox LoungeCock amp Bull (Bells Corners) (c) Park n Rides

(i) Baseline Station (ii) Fallowfield Station

(d) Grace OMalleys (Merivale and Capillano)

Collective Agreement ccCompanyu Page 12

1218

(e) (f) (g) (h) (i) (j)

Sergeants Pump (Merivale Rd) Coliseum Theatres Bayshore Transit Eagleson Transit Station Kanata Town Center Terry Fox Transit Station

For the purpose of article 1224 the following hours are considered peak periods

(i) During the months of November December January and February Mon - Fri 700 AM - 500 PM Thurs - Sat 500 PM - 300 AM New Years Eve 500PM-500AM New Years Day

(ii) During the months of March April and October Mon - Fri 700 AM - 300 PM Fri amp Sat 11 00 PM - 200 AM

(iii) For Canada Day 400 PM - 200 AM for

Christmas Day New Years Day (except as outlined above) Good Friday Easter Monday and Thanksgiving Day are exempt from the above

1219 Fares originating in the City of Ottawa and any other points west of Ottawa including Richmond Ontario shall be dispatched to the first taxicab appropriately booked on the corresponding stand

1220 Weather permitting there should never be a call back from customers due to the late arrival of a cab All fares accepted must be serviced without delay All stands will have a maximum response time limit of fifteen (15) minutes Phone personnel will tell customers that the cab will arrive within 10-15 minutes please be ready

Should the Company receive a Call-Back after the lead-time of a dispatched fare discipline shall be applicable to the affected driver(s) as follows

(a) 1st Offence First written warning and a fine of $2000 will be imposed and collected by way of the drivers account

(b) 2nd Offence Second written warning and a fine of $3000 will be imposed and collected by way of the drivers account

(c) 3rd Offence- Third written warning and a fine of $5000 will be imposed and collected by way of the drivers account

Collective Agreement ((Companyraquo Page 13

(d) 41h Offence- A final written warning and fine of $7500 will be imposed

and collected by way of the drivers account

(e) 5th Offence- Dismissal

Monies collected shall be used to appease dissatisfied customers and to advertise the DJs business

1221 Locals I Freebies

1222

1223

1224

a) b) (c)

These are calls that are dispatched to the first car booked in a Zone (Stand) and the driver accepting said call has a maximum of thirty 30) minutes to complete the call and rebook on the same stand the call was dispatched from in order to be placed in the first available position in the priority queue

Locals shall include calls originating from the following locations

Major shopping centres Groceries A list consisting of a maximum of five 5) addresses

When being dispatched on the Computerized Dispatch System Fare Waiting shall mask all calls or trips for the duration of this Agreement

No calls trips or parcels shall be dispatched on voice except where provided in this Agreement

In recognition of the fact that the Company operates a multi-fleet dispatch operation the Company and the Union agree that the staffing levels of the dispatch operation to service the DJs fleet shall always be no less than one (1) call taker and no more than middotfive 5) call takers One (1) call taker shall always have priority to respond to DJs calls with the balance of the call takers having secondary priority on a cascading basis To address any problems arising from dispatch issues the parties agree to establish a Dispatch Committee of equal representation to meet at mutually agreeable time frame upon request of either party within fifteen (15) days of notice being given by either side Issues may include but not restricted to hardware software or manpowerstaffing The Parties agree to address any such issue in an expeditious and fiscally responsible fashion

When the DJs fleet reaches one hundred and thirty (130) taxi cabs the Company shall add a second call taker having priority to respond to DJs calls but only during peak periods When the DJs fleet reaches one

Collective Agreement laquoCompanyraquo Page 14

hundred and sixty (160) the Company shall increase the number of call takers to two (2) having priority to respond to DJs calls at all times

1225 A list of persons and addresses owing money to drivers for fares not paid shall be compiled by the Company and kept in the dispatch office at all times No requests for taxicabs or specialty services excluding school and contract runs shall be dispatched to these persons andor addresses until the monies owing are paid

1226 Dispatchers phone staff and supervisors shall not remove falsify alter any request for taxicab service placed with DJs taxi dispatch service

1227 The Company shall ensure that dispatchers phone staff or supervisors shall not accept money or other forms of favour or inducements from any person where the objective of such payment is the granting of preferential treatment to any individual in respect of dispatch services

1228 When a call back is received after the lead time of the call in question the dispatch supervisor will send two 2) voice messages at least one (1) minute apart for the driver to come to voice If the driver fails to respond the call will be re-entered as a local call and if said driver is booked into the system heshe will be suspended until there is a response Drivers failing to go on or being late on their calls will be further disciplined in accordance with progressive discipline

1229 The Company shall discipline any driver who assigns a dispatched fare to another driver

1230 (a) The discipline or discharge of a driver who has completed hisher probationary period shall be grievable in accordance with Article 24 of this Agreement The Company agrees that it shall apply the principle of progressive discipline However the Company reserves the right not to apply the principle of progressive discipline for certain offences based on their severity

(b) The Company shall discipline any driver as follows for the specific offences listed below

i) Assigns or redirects a dispatched fare to another driver operating under the OJS roof sign as follows

a) 1st offence- 1 shift b) 2nd offence- 2 shifts c) 3rd offence - 3 shifts

Collective Agreement laquoCompanyraquo Page 15

(ii) Cancels a fare already inputted into the Ziptrack Dispatch System as follows

(a) 1st offence- 1 shift (b) 2nd offence - 2 shifts (c) 3rd offence- 3 shifts

(iii) Telephones the Ziptrack Dispatch System with an illegitimate call as follows

(a)

(b)

(c)

1st offence - 2 shifts and $2500 to the affected driver pajable by the offending driver 2n offence - 4 shifts and $2500 to the affected driver payable by the offending driver 3rd offence - termination of employment

(iv) Assigns or redirects a dispatched fare to another driver operating under another roof sign as follows

(a) 1st offence- termination of employment

For purposes of this provision one (1) shift is a period of twelve (12) consecutive hours for a twelve (12) hour driver and twenty-four (24) consecutive hours for a twenty-four (24) hour driver

1231 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical break down emergency or any other reason(s) not herein listed the dispatcher shall re-dispatch the fare and suspend the driver for one (1) hour

1232 Definitions

Accessible call means a valid request for an accessible taxicab by a person with a wheel chair or is otherwise defined by any statute or regulation thereof

Accessible Driver means a driver who is qualified to drive an accessible taxicab under the applicable By-laws of the City of Ottawa

Accessible Plate means a licence for an accessible taxicab that is issued to a person who has qualified to hold an accessible licence under the applicable By-laws of the City of Ottawa

Collective Agreement laquoCompanyraquo Page 16

middotAccessible Taxicab is a taxicab which is designed to accommodate one or more individuals who require the use of a wheelchair without the need to transfer the individual from the wheelchair which vehicles are otherwise subject to federal and provincial legislation applicable to the transport of Physically Challenged Persons and in respect of which an accessible plate has been issued

Attribute means in respect of a vehicle the association with that taxicab in the Ziptrack dispatch software system of a special feature (or restriction) for that vehicle required for specific types of fares

Call means a request for taxi service received by Ziptrack by a telephone call to the DJs Taxi number 829-9900

Cover or Covered as applicable to a fare means there-dispatch of a previously accepted fare at the request of the accepting driver for valid reason (mechanical breakdown accident or other emergency) in accordance with normal dispatch procedures

Taxi Stand means a space on private property for taxicabs operating under the DJs Taxi roof sign specified under an agreement between Coventry Connections Inc or Ziptrack Inc or a space specifically designated as a taxi stand from time to time on a public street or other public space by the City of Ottawa

Accessible Vehicle Dispatch

(a) It is agreed that calls placed through the dispatch system for an accessible taxicab shall be dispatched only to accessible taxis defined by the dispatch system as an Attribute Where there are no accessible taxicabs booked into the dispatch system and available to accept a call such call shall be displayed as being available on the fare broadcast screen

(b) An accessible taxicab may be dispatched as a standard sedan taxicab at anytime that it is not dispatched on an accessible fare An accessible taxicab shall not be given priority for any type of fare other than an accessible fare An accessible taxicab shall be booked off all zones when any fare is accepted or rejected

(c) The driver of an accessible taxicab is not authorized to reject an accessible fare if he is booked on the dispatch system or is in a queue at a taxi stand or company concession Failure to accept an accessible fare shall be deemed a rejection of an accessible fare and shall be subject to discipline

Collective Agreement ccCompany Page 17

1301

1302

1303

1304

(d) In the event that a driver of an accessible taxicab who has accepted an accessible fare requests to be covered and where such request is granted the driver shall be booked off the dispatch system for a minimum of one (1) hour or until the fare is covered

(e) The driver of an accessible taxicab that rejects or is deemed to have rejected an accessible fare under paragraph (c) above shall be booked off the dispatch system until one ( 1) hour after the accessible fare has been accepted and or service (the record of which not withstanding sub-Article 908 of the Collective Agreement shall be kept for five (5) years

(f) All accessible calls shall be masked by ACCESSIBLE FARE WAITING

(a)

(b)

(c)

(d)

(e)

ARTICLE 13 EMPLOYEES DUTIES

All employees shall perform their duties in a business like professional and courteous manner and shall not use abusive language on the air to customers or to Owners Group Staff

All employees shall be neatly dressed well groomed neat and clean in personal appearance

All employees shall give a receipt on the authorized form of the Owners Group showing the date car number and drivers name when requested to do so by the passenger or whenever there is a dispute over the fare

Subject to the above and except when he has a previous engagement ttle employee shall serve the first person requiring the service of his taxicab except when the prospective passenger

Is disorderly or abusive or poses a health or safety risk In cases of disputes involving intoxication andor health and safety risk and while the well being of the driver is of paramount importance extreme caution and sound discretion must be exercised prior to any refusal At all times the nature of the business that being a service Industry must be borne in mind so each and every situation must be measured on its own merit by the driver

Is in possession of an animal other than a Guide Animal or

Refuses to state his final destination upon entering the taxicab or

Has not paid a previous fare or

Refuses to pay in advance for flat rate out of town trip(s) or

Collective Agreement laquoCompanyraquo Page 18

(f)

1305

1306

1307

1308

1309

(a)

(b)

(c)

Has called two (2) cab companies for the same fare

In the event a driver discovers a lost object in the taxicab he shall immediately advise the dispatch supervisor of his findings with a description of the object an approximate idea of who might have left said object along with the pick-up and drop-off addresses of the customer if possible

Within twenty-four (24) hours of an objects discovery the driver shall take said object to the nearest Ottawa police station or to the Ziptrack Inc dispatch office at no cost or when directed to do so within the above mentioned twenty four (24) hours A receipt for said object will be issued if requested

Subject to Article 1305 should the customer wish the immediate return of the lost object the dispatcher shall notify the customer of the approximate metered cost of return from the location of the driver at that time and the employee shall return the object immediately to the customer at the standard metered rate

No employee shall be forced to violate a Municipal Provincial or Federal Law or regulation in the performance of ~1is duties

The Company shall provide the drivers with a list of all current flat rates Upon any changes to said list a new list shall be issued within thirty (30) days following such changes

No person(s) who will be driving under the DJs roof sign except for rehires who have been absent for less than three (3) years shall be hired or permitted to commence employment until

Heshe has successfully passed the test which the Company shall devise and administer with regard to the operation and knowledge of the taxi related Industry Said test shall include but not be limited to the knowledge of the Ottawa-Carleton area but with an emphasis on the areas directly affected by this collective agreement

Orientation by the Operations Manager or his designee on the DJs Taxi charge system

Heshe has been given a six (6) hour in-car training session This session will comprise of accompanying the prospective employee for a period of six (6) hours to learn the stands customer relations specific to DJs Taxi two-way radio booking practices and a general familiarization with the DJs environment The cost associated with this in-car training session shall be

Collective Agreement ccCompanyraquo Page 19

$10000 and said cost shall be borne by the prospective employee Failure to pass any portion of this test shall result in a fourteen (14) day waiting period before the applicant will be allowed to re-do the portion(s) of this sub-article which heshe has failed The cost associated with re-doing a) or c) will be $5000 while re-doing both would be $10000

During this waiting period the applicant will not be allowed to operate under the DJs roof sign No person operating a taxicab under the DJs roof sign will be assigned any duties associated with this sub-article

Tests are given on the first and third Mondays of each month on a first come-middotfirst serve basis by appointment Failure to attend for a scheduled date and or time will result in the forfeiture of the appointment and a new date will be booked on a first available basis only

ARTICLE 14 TECHNOLOGICAL CHANGE

1401 Technological Change means but is not limited to the introduction of changes to the present systems the introduction by the Company of additional radio channels computerized dispatching systems or any other mechanical electrical or other system including but not limited to fuel systems at no cost to the drivers

1402 In the event of any technological change the Company shall notify the Union in writing at least ninety (90) days before the introduction of such changes unless prior discussions with the Union have occurred

1501

1502

1)

2)

3)

ARTICLE 15 SENIORITY

Seniority shall be applied in determining layoffs preference for time off and recall from lay off as set out in other provisions of this agreement

Prior to being offered employment an individual shall be required to present to the Member of the Owners Group and the Company all relevant documentation namely

Valid Ontario or Quebec Provincial drivers license with a current provincial driving record with no more than six (6) demerit points at such time and if applicable has been pardoned for any prior conviction for impaired driving

Applicable Taxi Drivers License

Original copy of a Motor vehicle drivers abstract no older than twentyshyeight (28) days

Collective Agreement laquoCompanyraquo Page 20

4) Letter from previous or present insurer (where possible)

5) Work permit if applicable

6) Proof of Union membership

7) Social Insurance Numbercard or verification from appropriate federal government department of such number

8) A clear Police Criminal Record check no older than twenty-eight (28) days

9) Training as set forth in 1309

The above requirements do not apply to a driver who changes status or moves between Members of the Owners Group or Single Plate Owner or Single Plate Lessee provided the driver does not go more than thirty (30) calendar days without being registered on a taxicab except by reason of a proven medical illness Requirement 9 above does not apply to a driver who had previously driven under the DJs Taxi roof sign within the previous twelve (12) months Nevertheless each driver is required to register such changes with the Company To facilitate the drivers ability to register such changes the Company office shall be open from 830 am to 200pm daily except Saturday Sunday and Statutory Holidays

1503 The Owners Group shall recall laid off employees in the reverse order of lay-off

1504 A driver injured or ill should notify the Company and the Union within two (2) weeks of his absence and should arrange to provide a detailed mediqal certificate as evidence of injury or illness and an estimated time of return signed by a doctor in order to preserve his seniority Only an employee returning from an absence of eighteen (18) months or less due to injury or illness shall be returned to his previous vehicle provided that said vehicle is still working as a taxicab if it is not he shall be returned to another vehicle on the same shift he had prior to his injury or illness

A driver replacing another driver who is on sick leave shall be notified of his status by the Owners Group and the Owners Group shall notify the Union of all details

An employee returning within 30 days from an absence due to injury or illness shall be returned to his previous vehicle provided said vehicle is still working as a taxicab and if it is not heshe shall be returned to another vehicle

Collective Agreement laquoCompanyraquo Page 21

1505

(a)

(b)

(c)

(d)

An employee returning to work after thirty (30) days but less than eighteen (18) months from the commencement of hisher injury or illness shall be returned to work displacing the most junior driver driving with the individual member of the Owners Group

Clarity Note (i) A twelve (12) hour driver returning from illnessinjury shall be returned to a twelve (12) hour shift car by replacing the most junior driver driving Should the most junior driver be driving a twenty-four (24) hour car heshe would then be offered the shift remaining after the returning driver has chosen

Clarity Note (ii) A twenty four (24) hour driver returning from illnessinjury would replace the most junior driver and assume hisher shift

Clarity Note (iii) Returning employees shall be given the first available car corresponding to their previous shift

An employee shall lose seniority and as such will cease to be an employee upon

Voluntarily quitting or resigning

Being discharged for just cause and not having been reinstated through the grievance or arbitration procedure

Failing to rent an available vehicle when duly notified of same while on layshyoff except or for certified medical reasons

Being laid off being without a valid work permit or being without a valid Provincial drivers license or appropriate Municipal taxi drivers license for a length of time equal to that employees seniority or twelve (12) months whichever is less

ARTICLE 16 COMMITIEES

1601 A UnionManagement committee shall be appointed consisting of up to three (3) representatives from the Union and up to three (3) representatives from the Company This committee shall meet every six (6) months for the purpose of discussing matters of mutual concern

1602 A safety committee consisting of at least two (2) representatives of the Union and two (2) representatives of the Owners Group shall meet at a mutually agreeable time frame upon the request of either party within thirty (30) days for the purpose of discussing matters of mutual concern Minutes will be kept of each meeting

Collective Agreement laquoCompany Page22

1603 A rules committee consisting of up to three (3) representatives of the union and of up to three (3) representatives of the owners group shall meet at a mutually agreeable time frame upon the request of either party within thirty (30) days for the purpose of negotiating changes to existing rules and for discussing any new rules prior to their implementation

1604 To address advertising the parties agree to establish an Advertising Committee of equal representation to meet at mutually agreeable times upon request of either party within fifteen (15) days of notice being given by either side The Committee shall be responsible for a budget of $2625000 over the term of this collective agreement which sum shall be spent to advertise and promote the DJs business

The parties must agree when and how the advertising will be allocated However the parties agree that advertising would include

bull Flyers bull Newspaper Ads bull Promotional Items (eg fridge magnets) bull Radio

ARTICLE 17 SAFETY AND HEALTH

1701 It is understood and agreed that driver safety is important to the individual employee and to the industry as a whole The Owners Group and employees agree to exercise their rights and to fulfil their obligations in accordance with this understanding The Owners Group will continue to encourage and welcome safety recommendations for the safety and health of drivers during their working hours

1702 The employer shall supply only safe and roadworthy vehicles and the equipment contained therein and the vehicles themselves shall be maintained in good working order Each rental vehicle shall meet the mechanical fitness standards as defined in Provincial legislation

1703 The Company agrees to pay the premiums to an insurer chosen by the Company to provide term life insurance coverage in the amount of ten thousand dollars ($1000000) for all employees provided that the affected employee has a minimum of one (1) year seniority under the DJs Taxi roof sign and is actively working on the day he attains this one ( 1) year seniority

All claims and payments shall be in accordance with the terms of the master policy of the insurer and the Company shall not be liable for any

Collective Agreement laquoCompanyraquo Page 23 middot

bull

non payment by the Insurer This insurance coverage will not be provided to any driver who is 65 years or older at any time during this agreement

The Company shall aid in collecting monies by allowing a cash donation box to be set up at their office for driver(s) involved in serious accidents The Company shall not be responsible for said box

1704 The Company shall supply a safety shield for the company owned rental vehicle when requested by that driver

All rental drivers who request a shield must continue to operate on a vehicle that is equipped with a safety shield so long as said driver is operating under the DJs roof sign provided one (1) is available Company rental drivers working with a shield shall have the option of refusing to operate any spare rental vehicle not equipped with a safety shield However once a driver accepts a spare rental vehicle not equipped with a shield he will be deemed to have given up his right to exercise this option on the same shift

ARTICLE 18 WORK WEEK

1801 The Owners Group agrees that the employees shall determine their work week subject to the provisions of this agreement

1802 The Owners Group agrees that the work week shall be based on seven (7) days

1803 Rental drivers shall pay their weekly rental over six (6) days and have the use of the vehicle for seven (7) days

1804 Stand rents for car owners shall be calculated weekly paid monthly or weekly at the discretion of the employee but limited to one change in the payment structure per calendar year Any reduction is to be calculated on a weekly basis and there shall be no reduction given for anything less than seven (7) consecutive days off except where provided in this agreement

1805 Shifts shall be mutually agreed upon by the partners on the vehicle and in case of dispute shifts shall commence at 400am and 400pm The change-over location shall be mutually agreed to by the partners on the vehicle and in case of dispute change over shall be at the Companys office

ARTICLE 19 STATUTORY HOLIDAYS

Collective Agreement laquoCompanyraquo Page 24

1901 (a)

(b)

All rental drivers (12 amp 24 hours) of the Owners Group shall be entitled to the following days off provided that they have worked more than three (3) consecutive months under the Companys roof sign

All single plate owners (SPO) and single plate lessees (SPL) shall be entitled to the following days off provided that they have completed three (3) months of service under the Companys roof sign and they shall not be charged plate rent or stand rent for said statutory holidays

Employees meeting the criteria outlined in (a) and (b) above shall be given credit for said days whether they choose to work or not Credits for statutory holidays shall be given at the time that payment is made for the period covering the day of the holiday

New Years Day Family Day Good Friday

Victoria Day Canada Day Labour Day

ARTICLE 20 TIME OFF

Thanksgiving Day Christmas Day Boxing Day

2001 All rental drivers (12 amp 24 hours) shall be entitled to four (4) weeks annual time-off

All single plate lessees (SPL) shall be entitled to five (5) weeks annual time-off for which they shall not be charged stand rent for time-off taken During said time-off heshe shall not be charged plate rent for the first four (4) weeks

All single plate owners (SPO) shall be entitled to seven (7) weeks annual time-off During this period they shall not be charged stand rent

SPOs and SPLs outlined above will be granted their requested time-off entitlement provided they have no balance owing and provided that a minimum of one (1) week written notice is given to the individual Member of the Owners Group (MOG) and the Company and provided further that said drivers have a minimum of one (1) completed year of uninterrupted service under the Companys roof sign

In cases of accidents and major breakdowns involving SPO and SPL no notice period will be required for time-off and credits for such time-off will be based on daily increments

Where a SPOor a SPL has used all hisher allotted time off and said SPO or SPL has an accident or major breakdown heshe will be given up to a maximum of ten (1 0) additional days of time off and during said time

Collective Agreement laquoCompanygtbull Page 25

heshe shall not be charged any stand rent subject to proof of inoperability of the vehicle being provided

In the case of SPOs and SPLs extended time-off will be allowed for overseas trips All rents must be paid in advance to cover the time off for the extension

Explanation Car owners time off is only when the car is off the road If the SPO or SPL puts a driver on the car it is not considered part of this time off

2002 Single plate owners and single plate lessees will be responsible for arranging for time off for their drivers

2003 Time off may be taken weekly or bi-weekly at the employees discretion Provided further where the employee has taken a minimum of one (1) week heshe may take additional days) of less than weekly increments) in conjunction with the one 1) week

2004 Time off must be taken during the calendar year and cannot be accumulated over more than one calendar (1 year

2005 The MOG SPL and SPO agree that roof signs taxi plates and all other items (computer equipment will remain with the Company during the employees time-off and in the case of rental drivers the rental vehicle will be returned to the vehicle owner

ARTICLE 21 INSURANCE

21 01 Every car owner has the right to obtain insurance from the broker or Company of their choice without interference from the Owners Group

2102 The Owners Group shall upon written request from an employee who is presently insured by a member of the Owners Group provide written details of claim settlements and accident records

2103 The Company shall provide at no extra cost motor vehicle insurance coverage with collision provision deductible not exceeding $75000 or the cost of repair whichever is less for each at fault accident

21 04 The Company shall provide at no extra cost comprehensive coverage with zero deductible including but not limited to middotfire and theft It is agreed and understood that comprehensive coverage does not cover driver owned equipment

Collective Agreement Page26

21 05 The Company shall provide accident benefit coverage as set out in the OAP 1 of the Ontario Automobile Insurance Act and shall abide by the guidelines and statutory conditions as set out by the Insurance Company with whom the Company is insured

2106 With respect to Articles 2103 2104 and 2106 above which applies to accessible shift vehicles only) the Companys obligation is to provide insurance coverage only Any determination of whether a driver is entitled to insurance benefits andor whether a claim shall be paid or denied in any given situation shall be the sole and exclusive responsibility of the Insurance Company

2107 A driver who is insured through the Company shall provide the Company with a Motor Vehicle Drivers Abstract one month before the annual renewal of the Companys insurance policy A driver shall provide additional Motor Vehicle Drivers Abstracts as requested by the Insurer

21 08 The Companys insurer may judge a driver to be a high risk and may assess a surcharge accordingly A driver who is found tomiddot be a higher risk will bear the cost of any such surcharge

21 09 A driver insured by the Companys insurer who is involved in an accident shall regardless of whether he or she was at fault notify the dispatcher immediately The driver shall indicate whether the accident should be reported to the police and whether the customer or driver require medical attention Following notification of the dispatcher the driver shall remove the roof sign from the vehicle and record to the best of his or her ability all relevant information The driver shall bring the relevant information to the office within 24 hours of the incident excluding weekends and holidays)

2110 Drivers are responsible for the replacement of all lost or stolen antennae andor roof signs

2111 The Company shall pay the full El payments for all rental drivers In the event of an increase in the premiums during the life of this Collective Agreement drivers shall pay the drivers share of the increase

2112 All drivers who are insured through the Company obtained insurance must sign the Companys insurance agreement prior to commencing work The Company shall provide insurance agreements with no more than a $75000 deductible to be paid after the accident The amount shall be paid at the rate of $1000 per shift until fully paid

Collective Agreement ((Companyraquo Page27

ARTICLE 22 TAXI PLATE SALES

2201 1 Members of the Owners Group shall be able to sell plate(s) in the following manner

2202

(a) A notice of its intent to sell plate(s) shall be posted and announced over the dispatch system for a period of three (3) days and shall be offered to the lessees and rental drivers in the bargaining unit

(b) Where there is more than one interested applicant the plate(s) shall be offered based on seniority and plates sold shall be the plate of the most junior lesseedriver

Where the sale will result in the layoff of a driver that driver shall be recalled prior to any new hires by all Members of the Owners Group

2 Where there are no applicants the Member of the Owners Group will sell the last leased plate at their discretion Any driver laid off shall be recalled prior to any new hires by all members of the Owners Group

3 Sale of More Than One Plate at One Time

4

5

The Owners Group has the right to sell to whomever they choose provided that no one is displaced

In the event that the most junior lessee is displaced as a result of the sale of the plate the Company agrees to pay to the displaced lessee no more than fifty-five thousand dollars ($5500000) in the first year of this Agreement and according to the succession plan as outlined in article 23 for the following years of this Agreement This would apply only if the said lessee has complied with the succession plan as per article 23

An individual Member of the Owners Group shall not require any of his drivers to give up their rights under this Agreement and work under another roof sign without the drivers written consent given before a Notary Public for Ontario The Union shall be supplied with copies of the consents

In the case where a Member of the Owners Group is leasing a taxi plate and the Member of the Owners Group has a car under this plate and this vehicle is then rented out on a 12 or 24 hour rental this article then does not apply The Owners Group cannot be held responsible for any damage or compensation that may arise from the actions taken by the 3rd party

Collective Agreement laquoCompanyraquo Page28

2301

2302

2303

1

2

3

4

ARTICLE 23 SUCCESSION AND TAXI PLATE LEASES

Definition

The process by which the lessee of a Company-owned taxi license plate having determined that heshe wishes to retire andor otherwise terminate hisher relationship with the Company and having officially notified in writing both the Union and the Company of hisher intention to do so offers the opportunity to hisher driver to be the lessees successor all in accordance with the conditions sot out in this Article

In order to be eligible to offer a lease for succession the lessee must have been a party to a valid taxi plate Leasing Agreement with the Company for a minimum of one (1) year and have two (2) years of continuous uninterrupted service operating a taxi vehicle under the Companys roof sign The lessee must also be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

In order to qualify as a successor the driver must be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

An offer for succession shall follow the following order

No offer for succession can be made until the day after the final version of the seniority list as outlined in Appendix 2 has been agreed upon and signed-off by the Parties

The lessee must notify the Company and the Union in writing of hisher intention to exercise the option of succession and the projected date of the succession

The taxi plate lease shall be offered to the lessees current driver (if any) who shall have thirty (30) days to reject or accept the succession

If the offer is rejected or thirty (30) days have passed since the offer was made the taxi plate lease shall be offered to the drivers who are not single plate lessees (SPL) or a single plate owner (SPO) on the seniority list who shall have thirty (30) days to reject or accept the succession

Collective Agreement ltltCompanygtgt Page29

5

6

2304

2305

2306

2307

2308

2309

The most senior driver on the seniority list (who is not a single plate lessee-SPL or single plate owner-S PO) who accepts the succession shall be the successful incumbent lessee

In the event that no driver accepts the succession the lessee may ask that his request for succession be held in abeyance until such time as an incumbent lessee is found or may retire andor otherwise terminate hisher relationship with the Company at the time of hisher choosing In the event that the lessee retires andor terminates hisher employment relationship the taxi plate shall be returned to the Company and assigned to the next senior eligible driver as per the Companys past practice

The succession shall be valued at no more and no less than fifty-five thousand dollars ($5500000) except as modified as per sub-Article 2308 The driver (incumbent lessee) shall pay to the lessee the full value of the succession fee within sixty (60) days of the date of acceptance of the offer Once the driver has paid the succession fee the driver becomes a single plate lessee for the purposes of this Collective Agreement and will assume all rights duties responsibilities and obligations of a single plate lessee as set out in this Collective Agreement

The Parties agree that any monies or other considerations paid to a lessee at any time other than the time set out in sub-Article 2304 above shall not be counted towards the succession fee

The amount of $300000 (plus HST if applicable) shall be paid to the Company as a consulting fee by the incumbent lessee no later than the day before the day the incumbent lessee becomes a single plate lessee for the purposes of this Collective Agreement

Any lessee who exercises the succession option voluntarily terminates hisher employment with the Company and loses all seniority A driver who wishes to subsequently be rehired by the Company as a driver shall be placed at the bottom of the seniority list The driver will be eligible to become a lessee two (2) years from the date of hisher rehiring

The amount set out in sub-Article 2304 shall be increased annually on the date of the plate and stand rent increases set out in Article 27 of this Collective Agreement The annual increase shall be the same as the average of the percentage increase in the plate rent and the stand rent for that year

In the event of the death of a lessee and provided the lessee is up to date with all payments to the Company and has no outstanding amounts owing to the Company whatsoever the lessees estate shall have up to six (6) months from the date of death to exercise the option of succession

Collective Agreement laquoCompanybullbull Page 30

2310

2311

(a)

(b)

(c)

2312

Leasing agreements must be entered into provided they do not conflict with the terms of this Agreement

Without limiting the generality of 2310 in any way whatsoever a leasing agreement shall contain the following provisions

The lease shall terminate automatically for failure to fuHill any term of the lease including but not limited to failure by the lessee to fulfill any financial obligation or failure by the lessee to obtain replacement insurance in the event of cancellation of insurance

The lessee shall be the principal driver of the taxi vehicle which is attached to the taxi license plate

This Collective Agreement between the parties shall be the entire agreement and there shall be no other fee condition or other obligation except those set out in the Collective Agreement

All leased plates shall remain as such and shall not be converted to rental vehicles for the duration of this Agreement provided there are persons willing to leased said plates

ARTICLE 24 GRIEVANCE PROCEDURE

2401 A grievance shall include any issue regarding the interpretation administration application or alleged violation of this agreement It is the mutual desire of the parties that complaints of the drivers be adjusted as quickly as possible To that end the parties have adopted the following grievance procedure

STEP 1 A driver may bring his complaint to the Supervisor of the Members of the Owners Group If the driver does bring his complaint to the Supervisor he must do so within twenty (20) days of the incident or of he having knowledge of this incident giving rise to the complaint Where the complaint is brought forward it must be given to the Supervisor and the Supervisor shall reply within two (2) working days

STEP 2 Failing settlement of the complaint at Step 1 or where the driver has chosen not to avail himself of Step 1 the driver must file the grievance in writing within twenty (20) days of the incident or omiddotf he having knowledge of this incident giving rise to the grievance The grievance must be referred to the Member of the Owners Group claimed to be responsible andor any other person designated by the Member of the Owners Group Grievances shall be dealt with at the Step 2 meeting which shall be scheduled on the 3rd Wednesday of every month This monthly Step 2

Collective Agreement ccCompanyraquo Page 31

meeting shall be one meeting held at the Companys office Where the grievance involves the discharge of a driver the parties agree to meet within ten (1 0) working days of the filing of the grievance A representative of the Union shall be present at all step 2 meetings The Member of the Owners Group must respond within three (3) working days of the meeting

2402 Should a group grievance or a Union or policy grievance develop it shall be filed at Step 2 within twenty-five (25) days of the incident giving rise to the grievance or of the drivers or Union having knowledge of this incident

2403 Failing settlement under the above the matter in dispute may be taken to arbitration in accordance with article 26

2404 Drivers employed by single plate owners and single plate lessees may not grieve matters or disputes arising between the driver and the single plate owner or single plate lessee A committee shall be set up and made up of equal numbers of Uniondriver and Company personnel to assist in resolving disputes between the drivers and single plate owner and single plate lessee The committee shall have the power to determine a procedure to be followed as well as to determine fault and penalties

ARTICLE 25 ARBIrRATION

2501 After exhausting the provisions of the grievance procedure either of the parties may submit a grievance to arbitration either expedited or formal in writing within thirty (30) days of the Step 2 reply or if there is no reply within thirty (30) days after the expiration of the time limits to provide a reply

2502 Unless otherwise mutually agreed by the parties all grievances referred to arbitration not relating to an indefinite suspension a discharge or any separation of employment or to the interpretation of the collective agreement group grievances and policy grievances shall be referred to the expedited process

Grievances referred to arbitration in respect of indefinite suspensions discharge or separation of employment for any reason or to the interpretation of the collective agreement and group grievances may only be referred to this expedited process by the mutual agreement of the parties

2503 Within fourteen (14) days after notice has been given that the grievance will proceed to formal arbitration the parties shall meet and agree on a single arbitrator If the parties cannot agree on an arbitrator within this time limit either party may request the Minister of Labour to appoint an

Collective Agreement laquoCompanyraquo Page32

arbitrator and this appointment shall be binding on both parties In respect of the cost of arbitration of formal grievances the parties shall share equally the fee and expenses of the sole arbitrator

2504 The formal arbitrator shall have the right to exercise all the powers provided by the Labour Relations Act as amended from time to time

2505 The Arbitrator must hand down a written decision within sixty (60) days of the date of the hearing

2506 As an alternative to the formal arbitration process set out in the foregoing paragraphs a grievance may be referred to a previously agreed-upon person who shall hear the grievance and who shall at the conclusion of the hearing give a decision immediately Such decisions may not be used to alter modify or amend any part of the collective agreement and are made without precedent or prejudice to similar or like cases Such a decision shall be final and binding upon both parties and no further action may be taken on that grievance by any means whatsoever

2507 To maintain the efficiency of this expedited process the parties shall schedule a minimum of one (1) day of arbitration every three- (3) months except in those circumstances where either party deems it necessary to schedule the arbitrator more frequently

2508 The parties shall share equally the fee and expenses of the persons selected to hear the expedited arbitration cases

2509 At all expedited arbitration hearings the Company or Member of the Owners Group shall be represented by a member of their management and the Union shall be represented by a Union staff representative or an officersteward of the Local Union

2510 The Union shall forward to the representative of the Member of the Owners Group a list of the expedited grievances to be heard on the day or days scheduled for the hearing of grievances according to the expedited arbitration procedure The aforementioned list shall be forwarded to the representative of the Member of the Owners Group no later than ten (10) working days in advance of the hearing unless otherwise mutually agreed

2511 By exception a party may call one (1) witness at an expedited arbitration

2512 Prior to proceeding to formal or expedited arbitration and at least thirty (30) days prior to the date of arbitration the parties may upon mutually agreement request that any grievance be referred to a mediator to act as a grievance mediation officer for the purpose of attempting to

Collective Agreement laquoCompanyraquo Page33

mediate a settlement of the grievance The parties shall share equally the fee and expenses of this officer

ARTICLE 26 TAXI PACKAGE

2601 The employer shall provide to the rental driver at no extra cost motor vehicle insurance with a collision provision deductible not exceeding $50000 for each accident at fault

The Owners Group shall also provide to the rental driver at no extra cost comprehensive coverage with zero (0) deductible including but not limited to fire and theft It is agreed and understood that comprehensive coverage does not cover driver added equipment

2602 Each rental driver shall be supplied for a daily twelve (12) or twenty-four (24) hour period at no extra cost a roadworthy safe sedan four (4) door taxicab with proper weather resistant tires for all seasons and with a seating capacity for not less than four (4) passengers containing

2701

2702

2703

1 A roof sign 2 A sealed taxi meter 3 A two-way radio 4 A full size spare tire subject to space limitations 5 A tire tool 6 A jack 7 A mike clip 8 A full tank of gas at start date 9 Air conditioning on replacement vehicle where possible 10 An electric rear window defroster or blower

Any equipment owned by the Owners Group that becomes inoperative shall be repaired as soon as possible

ARTICLE 27 RENTAL CHARGES AND TERMS OF AGREEMENT

This agreement shall take effect upon ratification and be binding on both parties for three (3) years and shall continue for annual periods of one year each unless either party gives at least one hundred and twenty (120) days notice that it wishes to amend this agreement

It is agreed and understood that this agreement will remain in full force and effect until amended by negotiations

Rates shall be as follows

Collective Agreement laquoCompanyn Page 34

712011 712012 712013

Stand Rent (monthly) $43900 $45000 $45900

Plate Rent (monthly) $71926 $75000 $75960

Daily Car Rental 24 hr Regular Plated $9700 $9700 $9700

24 hr Accessible Plated $10500 $10500 $10500 12 hr Regular Plated $6700 $ 6700 $6700

12 hr Accessible Plated middot $8300 $8300 $8300

Credit Card Transaction 50 50 50

Debit Card (per) Transaction $065 $065 $065 (To the Driver)

POS Rental Fee (monthly) $800 $800 $800

POS Insurance (monthly) $300 $300 $300

Note The above rates do not include HST

Note For purposes of car rental rates the weekly rents shall be six (6) times the daily rent

Note It is recommended that drivers use Company supplied POS machines and systems

2704 Employees shall pay all monies owed to the Company in the following manner Monthly By the 5th business day of the month

2705 Any employee failing to pay monies by the above dates and times shall be suspended and not reinstated until the monies are paid in full and credited to their account

2706 Employees shall be entitled to pay their rents to the company by company approved charges cash and cheque - provided the employee has at least one (1) year of seniority

Employee(s) who have one (1) cheque returned NSF shall be suspended immediately upon the company receiving notification from the

Collective Agreement ((Company Page35

bank shall lose such privilege for twelve (12) months and shall be charged the appropriate charges

ARriCLE 28 GENERAL

2801 The Company and drivers shall maintain its internal company charge system and accept major credit cards which currently include Visa Mastercard American Express and Diners Cluben Route as approved by the Company

2802

2803

2804

2805

2806

2807

This system shall continue for the duration of this Agreement so long as external factors outside the Companys control do not prevent the Company from doing so Drivers shall be entitled to cash their charges provided they do not have any outstanding balances at the offices of the Company during the hours of 0830am to 400pm Monday to Friday except holidays The Company shall make available to the employees during normal business office hours receipt cards and credit card slips All credit card charges must be authorized

Drivers shall pay a fee of five (5) of all credit card charges that they redeem

Except as otherwise provided in this agreement all passengers shall be treated in a polite professional courteous and businesslike manner at all times by both the Owners Group and the employees

If requested a properly signed receipt shall be furnished by the owner for all payments made by the driver (If requested said receipt shall show a breakdown of all payments made by the driver and the dates for which they apply) For the purposes of this clause a numbered computer receipt shall be deemed to be signed

The employees who own their own vehicles whether or not they own their own license shall have absolute choice as to where their vehicle is to be repaired andor maintained

No employee either full-time or part-time shall abuse or mistreat any vehicle or equipment (ie roof sign radios meters and aerials)

The Owners Group agrees to work with the Union to lobby the City of Ottawa to allocate stands where necessary and appropriate

The Company agrees to provide the Union with the rules covering the stands controlled by concession agreements

Collective Agreement ccCompanyraquo Page 36

bull

2808 Subject to the provision of adequate insurance coverage all car owners shall be free to place a second driver or a third driver on their vehicles should they require without interference from the Company

2809

2810

2811

2812

2813

2814

In the event the Company refuses an individual employment as a second driver or as a third driver the Company agrees that such refusal may be the subject of a grievance and the onus of proof shall rest with the Company to show just cause for such refusal

The parties agree that no vehicle will have more than three (3) drivers at any one (1) time

The Company shall take reasonable steps to maintain all current concession agreements for the duration of this agreement The Company shall take all reasonable steps to obtain additional concession agreements

The Company shall have a phone line separate from the dispatch office so that drivers business people friends of the office staff may call through middot without having to tie up the dispatchers time The separate phone line may be used by the dispatch office during non-business hours

Time-off without rental fees or loss of seniority will be given to those members of the bargaining unit who are called for jury duty Rental driver(s) must park their rental vehicle(s) at the Companys premises should the jury duty go beyond three (3) days

The Company shall maintain a drivers waiting area As well the Company shall allow the drivers to use the telephone in the office for local calls only pursuant to the current past practice

In the event of an assessment to the CompanyOwners Group by WSIB in relation to the provision of WSIB benefits for the Bargaining unit personnel the CompanyOwners group and the Union agree to renegotiate in good faith the rates set out in Article 2703 Where the parties fail to reach agreement on the issue the matter shall be referred to an arbitrator for full and final settlement

When a customer complaint is received by the dispatcher the latter will advise the customer that an authorized representative of the Company will handle the complaint in an expeditious manner Upon request by the Union the Company shall provide a copy of the computer printout and all other relevant information including but not limited to any taped conversation related to the complaint being investigated The privacy of the customer is paramount and will at all times be respected

Collective Agreement ccCompanybullbull Page 37

2901 (a)

(b)

ARriCLE 29 BEREAVEMENT LEAVE

The Members of the Owners Group agree to grant affected employee(s) the necessary time off of up to four (4) days without fees at the time of death of the following relative(s) of said employee(s) father mother spouse (includes common-law) child brother sister mother andor fathershyin-law

The Members of the Owners Group further agree to grant to affected employees two (2) days without fees at the time of death of the following relatives of the employee sister andor brother-in-law and grandparent

ARTICLE 30 SOCIAL JUSTICE FUND

3001 The Company shall pay to the Union an amount of eight hundred ($80000) dollars per collective agreement year with such amounts being made payable to the CAW Social Justice Fund Inc Said amounts shall be paid by separate cheque by the last day of February in each year of this collective agreement A tax receipt shall be supplied to the Company on receipt of said amount

ARTICLE 31 SAFETY BANQUET

3101 The Company agrees to contribute seven hundred and fifty dollars ($75000) to the Unions annual Safety Banquet in each year of the Collective Agreement

SIGNED THIS DAY OF APRIL 15 2012

FORTH~

~~

Collective Agreement laquoCompanyraquo Page38

Collective Agreement laquoCompanyraquo Page39

SCHEDULE 11 A 11 LIST OF THE OWNERS GROUP

Coventry Connections Inc

Collective Agreement ccCompanyraquo Page40

SCHEDULE nan EXISTING CUSTOMS RIGHTS AND PRIVILEGES

1 There shall be no charge for the receipt cards

2 There shall be no charge for credit card vouchers subject to suppliers (third party) availability and conditions Should the Company pursue a course of action leading to Point of Sale terminals which usage will include Debit transactions Decremental Cards and Credit Cards there would be a charge for paper usage

3 The drivers shall choose their own working hours during their shift

4 Reasonable accommodation shall be given to payment of outstanding debts for accident(s) The following minimum payments are required

A) Up to $1 00000 - $ 1 000 per day

B) Over $100000- $2000 per day

Agreed to on the understanding that this does not apply to spare cars

Collective Agreement laquoCompanyraquo Page 41

SCHEDULE C RULES AND REGULATIONS

1 The following articles of clothing are not acceptable forms of attire at OJS

(a) Sweat pants and shorts except for dress shorts Dress shorts will be allowed from April to Labour Day Drivers caught wearing inappropriate shorts will be given one (1) warning and any future occurrence with regards to inappropriate shorts will cause them to lose the right to wear dress shorts for the duration of that season Shorts can be no shorter than three (3) inches above the knees

(b) T-shirts (except Union decaled T-shirt) without lapels tank tops and muscle s1middot1irts

NB Clothing andor other attire with obscenities profanities or sexually degrading remarks are not acceptable Hair must be clean and neat Faces must be clean-shaven or beards neatly trimmed Clothing must be tear and rip free with no visible patches and is to be cleaned and ironed as required Socks must be worn at all times with all types of footwear except for sandals

2 Drivers must be courteous and pleasant at all times and must conduct themselves in a professional business-like manner

3 There is to be no abusive foul language or gestures directed at customers or the general public

4 Consumption of alcohol or drugs will not be tolerated prior to the commencement of a shift andor while driving

5 There wiil be no arguing and fighting among drivers or other DJs personnel under any circumstances

6 No playing of cards or any other games of chance is allowed at any time when working This includes any form of gambling or betting on the air

7 Profanity or abusive language on the air or in your vehicle is prohibited at all times

8 Use of cell phone during the conveyance of a customer(s) is prohibited

9 Each taxicab and driver shall carry at all times a current street guide Drivers are to make proper use of this guide to avoid unnecessary air time

Collective Agreement ccCompanyraquo Page42

10 Deliveries are to be taken directly to the destination Running other fares while occupied on deliveries will not be permitted unless approved by the dispatcher

11 No messages between drivers are permitted Drivers will receive messages to call home spouse office union office partner or garage

In addition When an authorized Union rep asks the dispatcher to have a member of the bargaining unit call them for union business only this will be allowed and if necessary a phone number will be given

12 Picking up a fare while on the way to an accepted dispatch call will not be permitted

13 Drivers must allow 5 minutes wait at the customers pick-up address

14 Drivers shall take reasonable steps to ensure that they pickup only those fares that they are dispatched to Drivers must check with dispatcher for authorization before taking another fare from same address

15 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical breakdown emergency or any other reason(s) not herein listed the dispatcher shall reshydispatch the fare and suspend the driver for one (1) hour

16 Interference or jamming of the radio is a Federal offence and will not be tolerated

17 When necessary drivers must assist customers with handling of baggage and opening and closing of doors

18 No complaining to customers about short fares or time calls A list of regular short fares will be established and such fares shall be dispatched as Locals

19 At customers request music radio and other sound systems except for the twoshyway radio must be turned off

20 Driver must issue a receipt card upon request by customer Drivers signature must be clearly marked in the appropriate place on the receipt card There is no charge for the issuance of a receipt card

21 No new driver is to commence work until he has been briefed by OJS staff in the operating of our charge account system

22 Some of the guidelines in the operation of our charge account system are as follows

Collective Agreement laquoCompanyraquo Page43

(a) All charges are to be signed with car number (eg-DJ70) and date clearly written

(b) If the fare goes to more than one destination these other destinations are to be clearly marked on the reverse side of the chit

(c) Taxi chits to be signed by the customer and dollar value to be clearly marked

(d) Gift certificates which currently have a maximum value of $500 each are to be accepted at face value and change given as required

(e) Drivers must note on back of chit the drop offpick up address if it is different from address shown on face of chit

Drivers are prohibited from buying other drivers charges whether they be DJS drivers or other cab Companys charges Violation of this rule shall result in the following fines

1st offence -2d offence bull 3rd and subsequent offences-

$5000 per chit $10000 per chit $20000 per chit

plus the face value of each chitCredit Card in all cases

The parties agree that the above penalties are specific penalties within the meaning of the Ontario Labour Relations Act An Arbitrator shall not have the power to alter or modify any penalty imposed under this clause

(f) Drivers must accept all major credit cards approved by OJS Taxi

(g) Drivers are responsible for ensuring that all necessary information is clearly marked on charge vouchers as follows

bull Customers name and signature bull Card number (correct number of digits) bull Expiry date bull Drivers signature and car number (eg-DJ70) bull Ensure proper copies of charges are submitted to the Company for

processing bull No hand written major credit card sales drafts will be accepted

23 All cars are to be cleaned inside and out by 1000 am every day with due regard given to road and weather conditions

Collective Agreement Page44

24 All drivers must ensure that they have change for $2000 at all times and will not be removed from the sheet while getting change provided they are not called

25 No taxicab driver shall charge a passenger for

(a) The cost of proceeding to an establishment for change or

(b) Waiting time while a passenger obtains the change provided the bill presented for payment is of $2000 denomination or less

26 No vehicle to be left unattended with keys in the ignition

27 No person(s) unless authorized by the Company shall accompany the driver in the vehicle while heshe is occupied with a paying fare

28 Taxis must not be left unattended on a OJS taxi concession stand for more than ten (1 0) minutes

29 Only au~horized drivers with valid licenses can operate a taxi-licensed vehicle

30 Roof sign must be removed from vehicle when not on duty or involved in an accident

31 ALL DRIVERS ARE ADVISED THAT IT IS AGAINST THE LAW AND OJS TAXI COMPANY LIMITED POLICY TO REFUSE DOG GUIDES IN THEIR CABS REFUSAL WILL RESULT IN FINES AND DISCIPLINARY ACTION BY THE COMPANY

1st offence - 1 week suspension 2nd offence - 2 weeks suspension

3rd offence - Dismissal No longer working under the OJS roof sign

Accommodating Persons with Disabilities

The Management of OJS Taxi wishes to advise all its employees drivers and others operating under the OJS Taxi roof sign of the OJS Taxi policy with respect to blind passengers whether or not they use dog guides

Under the Blind Persons Rights Act of Ontario no person may either deny any person services customarily available to the public or discriminate against any person with respect to services available to the public for the reason that they are a blind person accompanied by a dog guide

Under the Ontario Human Rights Code every person has a right to equal treatment with respect to the supply of services which includes taxi services

Collective Agreement laquoCompanyraquo Page45

bull

without discrimination because of among other things a disability A disability includes any physical impairment such as being blind visually impaired deaf or hard of hearing

Guide Dogs and Taxi Services Many disabled persons are physically dependent on guide animals in their daily activities Canadians who are blind or visually impaired deaf or hard of hearing or who have other types of disabilities such as epilepsy are dependent on guide animals

Accommodation of these individuals necessitates that they be permitted to take their guide animals with them into taxi cabs Refusing to allow them to do so will infringe on their human rights and is against the Blind Persons Rights Act of Ontario and the Ontario Human Rights Code

This notice will simply repeat what should be apparent to you all that if a blind person with or without a dog guide is refused services by any OJS Taxi driver such actions will result in fines to the driver and other disciplinary action including the possibility of suspension by the Management of DJs Taxi Co Ltd

For more information regarding guide animals please review the attached pamphlet and information sheet published by Dog Guides Canada

Any inquiries concerning this policy should be directed to any member of the Management who will if it is required explain the policy to you

32 Drivers are not allowed in the dispatch office

33 All parking tickets will be paid by the rental driver responsible

34 In order to boost with Company owned taxicabs employees must request an obtain instruction from the garage manager or his designee on the proper method of boosting in order to reduce any risk of injury to the driver passenger and damage to the vehicle(s)

In the event of misuse employees at their discretion may be either disciplined in accordance with the principle of progressive discipline or have the option of reimbursing the Company for the cost of damaged parts

35 Any driver operating a taxi while his drivers license or taxi license is under suspension will be disciplined unless the driver can obtain written proof from the Ontario Ministry of Transport andor the appropriate taxi licensing authority that the driver did not receive evidence that hisher license was suspended or cancelled

36 When necessary or requested all elderly andor disabled customers are to be assisted in and out of taxicab at all times

Collective Agreement laquoCompanyraquo Page 46

37 No stealing fares

38 Drivers are not allowed to book no loads and run the fare

39 Drivers cannot refuse dispatched fares subject to article 1304 andor where the driver believes his safety or health is at risk

40 Failure to come to voice after two (2) requests by the Dispatch Supervisor will result in the Driver being suspended in the computer

41 Dispatch staff will not make phone calls for drivers unless it is an emergency situation

42 There shall be no personalization of any fares or trips placed through the Dispatch System of OJS Taxi except for returns east of but not including the Civic Hospital within the same twenty-four (24) hour period Where a return-call has been prearranged through the Dispatch System prior to the initial call being dispatched then the return-call cannot be personalized

43 Drivers will pay monies owed to the company by 400pm on the day that they are due No driver with an outstanding balance will be allowed to book on the sheet until their account is paid in full to the business office This means credited to their account and a receipt issued

44 Dispatchers shall give the line-up every thirty- (30) minutes except for the months of December January and February On implementation of the Computerized Dispatch this clause will be eliminated

45 All deliveries shall be given out as regular calls except where provided in this agreement and all employees shall have the option to refuse to deliver alcohol When a dispatcher requests a driver to call him for information concerning a delivery the dispatcher will first give the delivery address over the radio to ensure the delivery is being dispatched correctly

46 When drivers book out of their cars to attend scheduled complaint meeting appointments they shall be allowed to remain in their spot on the line up queue passed by for fares and treated by the dispatch as if they are no longer on the sheet

When the affected driver returns to his car and books back in he shall be returned to his position in the line up queue and given his next rightful fare

The maximum time a driver shall be allowed to book out for a complaint meeting is one half-hour

Collective Agreement laquoCompanyraquo Page 47

This rule shall only apply if the affected driver does not incur any discipline as a result of the complaint meeting

47 All cabs at DJS Taxi must have a mike clip and the clip must be used Drivers must pick up their mike when communicating

48 Drivers using vans as taxicabs must have and make use of (when requested or required) a portable step to assist passengers in and out of their vehicles

49 All taxicabs must be free of any body damage and any damage must be repaired within ninety- (90) days

50 Roof signs must be kept in good working order and condition with Company approved logo clearly visible front and rear

51 In order to ensure equipment is compatible with computer dispatch system all new radio equipment must be approved by the Company prior to installation

Collective Agreement laquoCompanyraquo Page48

SCHEDULE D CREDIT CARD POLICY amp PROCEDURES

DRIVERS MUST ACCEPT ALL COMPANY APPROVED CHARGES CREDIT AND DEBIT CARDS

DRIVERS MUST HAVE A POINT OF SALE UNIT AND A MANUAL PRINTER PER CURRENT BYLAW CITY OF OTTAWA

Due to the increased use of fraudulent Credit Cards by customers in taxicabs the following procedures have been developed to protect drivers from falling victim to Credit card fraud When accepting Credit cards the following rules must be followed

Credit and Debit Cards- the following rules must be followed

AUTHORIZATION OF ALL DEBIT AND CREDIT CARDS

All Credit Card slips must be authorized regardless of amount Verification is generally done after the fare is completed but verification of an estimated or known amount can be done prior to the completion of the trip if

bull The destination is beyond the radio coverage area bull The driver has reason(s) to suspect the validity of the card

INFORMATION REQUIRED FOR ACCEPTANCE OF DEBIT ANDOR CREDIT CARD SLIP FOR PAYMENT The completed Credit Card slip must contain all the following information

(a) Vehicle Number (pre-printed on POS slip if not to be written by hand at the bottom of the slip)

(b) Drivers ID Number and Initials (c) Amount of fare and gratuity (if applicable) (d) Authorization number (Pre-printed on POS slip) (e) Date of the fare (Pre-printed on POS slip) (f) The Debit or Credit Card must be swiped at all times (in the event that the

receipt does not print imprinting Credit Card only on manual imprinter is acceptable with customers signature but the imprint of the card number has to be clear) In the case of a swiped transaction part of the card number will display per Credit and Debit Card industry rules

(g) Customers signature clearly written (Credit Card only) marked TRANSACTION COPY We will accept the CUSTOMER COPY as long as it has the customers signature Debit POS slips are to be submitted marked TRANSACTION COPY NO SIGNATURE IS REQUIRED

Collective Agreement laquoCompanyraquo Page49

DISPUTES BY A CUSTOMER

Should a debit or credit card slip be disputed by the customer their bank or other financial institution the company will investigate If such investigation proves fraud or error by the driver the driver will be charged back for the full amount of the charge

If the disputed transaction was processed on a non-company unit a $500 plus HST charge plus the value of the charge will be debited to the drivers account The Company will refund the customer for the value of the charge

Should a customer andor driver report that the charge has been approved more than once the Company will investigate The Company does not allow any refunds in the taxicab Drivers can void a transaction but this must be done before Batch Closing the transaction A Void can only be done in the presence of the customer as the card (debit or credit) must be present The driver can then re-swipe the card for the correct amount The Company publishes a toll free number for customers or drivers to call with any concerns about a transaction If a customer has been charged more than once for the incorrect amount the following procedures apply

Credit Card

The Company will verify that the customer was charged multiple times or has been over-charged and issue a refund as necessary The Company will send a copy to the customer upon request All refunds are processed on a Point of Sale unit or Virtual Merchant (on-line) The Company may contact the driver to determine the validity of the customers details

Debit Card

The Company will verify that the customer was charged multiple times or has been overcharged and issue a cheque refund as necessary The Company keeps a copy of the cheque issued

GENERAL INFORMATIONGUIDELINES

1 If the driver has overcharged the customer and has been paid the incorrect amount the Company will adjust the drivers account and provide a receipt The Company maintains a log in the even there is a dispute by the driver or the customer If the driver reports the overcharge that is logged on a Customer Incident Form which has a Control Number

2 Hand written Credit Cards will not be accepted All Credit Cards must be passed through a manual imprinter which clearly shows the full credit card number If the credit card number is not clear and cannot be authorized

Collective Agreement laquoCompany Page 50

the driver will face debitchargeback of the amount as it cannot be authorized

3 The only Credit Cards accepted by Taxitab a division of Coventry Connections Inc are

i Visa ii Mastercard iii American Express

Note Visa Mastercard and American Express all issue prepaid credit cards these are all accepted

4 Taxitab a Division of Coventry Connections accepts Debit Cards for Canadian Financial Institutions Debit Cards for foreign banks may not

work on the unit Visa Mastercard have commenced issuing Debit Cards these are all accepted These cards are clearly marked on the face of the card with the Visa and Mastercard logos

5 The following items are to be checkedverified by the driver upon presentation of a Credit Car (a to d) Debit Card (d only)

CHECK LIST

(a) Expiry Date Ensure the card is valid Check to be sure that the Card is not being used beyond the expiry date printed on the card If the card is expired refuse to accept it

(b) Altered Cards Check to see if the card has been noticeably altered in any way If it has been refuse to accept it

(c) Card holders name and signature Check that the signature on the Credit Card slip is the same name printed on the card At the same time check that the signature is the same as the signature on the rear of the card If there is no signature on the rear of the card ask the customer to sign it as you are required to check this

If in doubt ask to see some other form of identification (preferably one with a picture and signature) that ensures that the person using the card is who they say they are

(d) Amount of fare and gratuity (if applicable) The amount of the Debit or Credit card slip must be equal to the amount of the fare and the gratuity (where applicable) Each amount should be entered in their respective places and only by the customer unless otherwise directed In the case of a Debit Card customer must always enter their PIN number to

Collective Agreement ltbullCompany Page 51

authorize the card Drivers must remind customer that the TIP field comes first followed by the PIN number

(e) $150 Surcharge

Debit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated by the City of Ottawa By-Law The $150 charge is prompted by the point of sale unit automatically The Driver receives 65cent of the $150 for every transaction

Credit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated in the City of Ottawa By-Law The $150 charge is NOT prompted by the point of sale unit automatically The driver adds the $150 to the metered amount and enters this total in the base amount field

6 CAUTIONS

7

(a)

(b)

(c)

Bank Card only have the Bank name on the card

Credit Cards are identified by the VISA MASTERCARD AMERICAN EXPRESS OR DINERS CLUB-ENROUTE symbols Only Cards with these symbols will be accepted

Credit Cards will have a holographic image on the face of the card

CASH ADVANCES

The use of Credit Cards for cash advances in the taxicab is not permitted Credit Cards must only be used in the taxicab for paying for an actual fare Anyone using a Credit Card in a taxicab to obtain cash advance is most likely using a stolen or fraudulent card

8 OUT OF TOWN FARES

For the drivers protection it is suggested that for fares going out of town and the customer wishes to pay by Credit Card it is recommended that the driver authorize the fare at the beginning of the trip (dispatcher can give an estimated amount) If there is a difference process the difference at the end of the trip There is a pre-authorization feature available for Credit Card only on the Point of Sale unit The Company can activate this on driver request but the driver must be

Collective Agreement ccCompany)) Page 52

bull

9

given correct training for this There are several steps involved with pre-authorization that must be followed before batch closing

BATCH CLOSING

Drivers must close transaction in the terminals at the end of their shift Credit Card authorizations only remain in the terminal for five (5) days after that the processor closes them automatically Drivers must batch close all credit cards no later than four (4) days in order for the items to appear on the batch close report

Batch Close reports will print separately for Debit and Credit Cards and list the details of the transactions in the terminals showing the card type and the last four (4) digits of the card involved This Batch close cannot be reprinted drivers must hold on to them Attach the slips to the Batch Close and bring to the cashier The cashier will verify the attached slips are on the batch close and proceed to pay or credit the driver assuming all slips are authorized and complete (as discussed above under (1) Authorization Procedures)

The following circumstances regarding Batch Closes will apply

(i) Batch Close with All Debit and Signed Credit Card slips- Driver will be paid or credited at time of presentation at a cashiering station

(ii) Batch Close- No Debit Slips if the batch close shows a Debit Slip and the driver has misplaced or lost the slip the Driver will be paid or credited at the time of presentation at a cashiering station

(iii) Batch Close No Credit Card Slip- No Slip No Payment at time of cashiering (driver is to go to Driver Admin in this instance) If the driver has a signed manual slip and the last 4 numbers of the card match those on the batch close the slip will be accepted by the cashier

NO BATCH CLOSE REPORT -If a Driver has lost or misplaced Batch Close report the Driver is to go straight to Driver Admin (not cashiering) The Driver is to bring the receipts (if there is a credit card slip with no signature there is a separate procedure for this below) he has for which he has not batch close Driver Admin will initiate a Batch Close Incident Report which has a Control Number for future reference The Procedure is as follows

(i) Driver Admin to Photocopy all Slips and write the Control from the Batch Close Incident Form on the photocopy and date the sheet The

Collective Agreement ccCompanyraquo Page 53

bull

bull

Driver is to keep this in the event of a dispute or apparent nonshypayment in account

(ii) Driver Admin will complete the top copy of the report attach a copy of the slips The Driver will complete the bottom part of the report and sign it

(iii) Management will need 72 hours (three business days) from the date of Incident Report to investigate the transaction has been settled in the POS unit

(iv) Providing Management confirms the transaction is complete the slips will be credited to the Drivers account and a receipt will be printed A copy of the receipt is attached to the Batch Close Incident Report The Control from the Form is entered when the the amount is credited for reference A receipt can be printed at that time by cashier

(v) In the event that a driver does not have a Batch Close and presents a credit card slip with no signature the following will apply

(vi) If the Driver experiences a problem with the Batch Close or operation of the unit the Driver is to bring the unit to the office during normal hours Management will investigate the issue and call Driver to reshyissue the unit completing paperwork for the replacement unit which the driver will sign

Any driver attempting to defraud a customer by processing a debit or credit slip more than once will be terminated

Collective Agreement laquoCompany)) Page 54

bull

bull

SCHEDULE E STOLEN FARE POLICY

Whenever the Dispatch Supervisor receives a complaint that a fare either dispatched to the complainant or from within the same block of taxi standconcession on which the complainant is parked has been stolen and the identification of the accused is made known the Supervisor shall

(a) Bring the accused to voice and notify himher of the allegations

(b) Inform the complainant that a deposit of forty dollars ($4000) must accompany his accusation and to be deposited within one (1) hour of the complaint Where applicable inform the complainant that the accused wishes to challenge the allegations and the date and time of the hearing shall be known to both parties

(c) A failure of either party to attend the hearing will result in an additional fine of forty dollars ($4000) to be paid within sixty (60) minutes of the conclusion of the hearing or a suspension ob the absent party until payment is received

(d) Inform the accused of the available options

(i) Arrange for repayment of the fare in its entirety to a minimum of forty dollars ($4000) to the complainant a Union representative or the Company on behalf of the complainant within sixty (60) minutes or

(ii) If the allegation is being denied and the accused wishes to refute it forty dollars ($4000) must be deposited at the dispatch office within sixty (60) minutes with a notification to the Dispatch Supervisor that the allegation is being challenged

Where the accused fails to respond to two (2) voice messages or refuses to comply with (c) the accused shall have dispatch services suspended until in compliance or the Company receives instructions from a Union Representative to do otherwise

The penalty for a wrongful accusation is the payment of forty dollars ($4000) to the accused by the accuser in addition to the return of the accuseds deposited payment

It is understood and agreed that the action(s) of the Dispatch Supervisor(s) in the compliance of this Policy is not to be construed as a determination of who is the guilty party In all disputes regarding stolen fares the Committee shall make the final determination with respect to guilt

Collective Agreement laquoCompany Page 55

bull

bull

Note Such fare(s) will not be considered as Stolen Fare(s) if picked up by driver(s) arriving on the Concession(s)Taxi Stand(s) prior the driver(s) who accepted the dispatched fare(s)

Collective Agreement ((Company Page 56

bull bull

APPENDIX 1

PLATE CAR LESSEE IND START LESSEE START

1 1027 5027 ADAM GRANT 1 91111986 111987

2 1015 5015 TIMS VAUGHN 411995 411995

3 1043 5043 MARTON FERENC G 10251995 10251995

4 1050 5050 DUBOIS JOHN 12111994 311996

5 1048 5048 SUNIL JOSHI 1111994 711996

6 1030 5030 SLIM MOHAMED 711996 7111996

7 1041 5041 JAMALEDDINE ZAHER 911996 911996

8 1040 5040 MAHEUX FRANK 11151996 181997

9 1109 1 5109 ASTLEY JAMES 1011994 1131997

10 1045 5045 MELHEM SAMIR 1211996 9211997

11 1028 5028 LABINE ANTHONY 10151980 11281997

12 1054 5054 ELmiddotNEMER NEMER 11131997 21271998

13 1113 5113 WEAGANT BROCK C 82211988 3131998

i

14 1039 5039 SOBH HAC HEM 11171997 5111998

15 1044 1 5044 MOUFARREJ RAYMOND 10241996 1161998

16 1042 5042 MCCONVILLE BILL 311992 11111998

17 1107 5107 GIANNAKOS LOUIS I 9111997 491999

18 1026 5026 VERMA LALIT 51261996 5311999

19 1033 5033 MITCHELL BRUCE 111987 9301999

i

20 1108 5108 PAPPAS CHRISTINE 121111991 1041999

rmiddot 1014 5014 NYTRA BEDRICH 961996 3302000

22 1000 5000 ABOUmiddotARRAG SAM I 611997 7132000

23 1038 5038 MUNROE JOHN 1111977 492001

24 1022 5022 RADULESCU GELU 611999 5232002

25 1139 5139 HASSOUN I MOUFID 71211999 8152002

26 1006 5006 SADER I GHASSAN 6211999 292004

27 1029 5029 CLAYTON GREG 911980 21132004

Collective Agreement ccCompany Page 57

bull

28 1034 5034 IBRAHIM 12301995 4302004

29 1037 5037 ABDALLA HASSAN I 3312000 2202006

30 1010 5010 HASSOUN AD NAN 8272001 312006

31 1031 MASSOUD 1241998 312006

32 1 1o35 5035 JANCO 911992 362006

1 33 1036 5036 SINGH BALWANT 92211999 3172006

Collective Agreement ltltCompanyraquo Page 58

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 8: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

805

806

(a)

(b)

(c)

business subject to the approval of the Company whose approval shall not be unreasonably withheld

Union representatives shall be entitled to distribute Union literature at or near the Companys place of business during non-working and working hours

Upon written request from the President or Business Agent of the Union a leave of absence shall be granted to

Employees for the purpose of attending Union functions including but not limited to conventions schools seminars or other functions excluding matters arising from the administration of this Collective Agreement

Three (3) employees for the purpose of attending contract negotiations meetings with the Company

Provided that in all instances the President or Business Agent notifies the Company at least seven (7) days prior to the intended leave as it applies to (a) and in (b) as much time as possible

An employees seniority will continue to accumulate during a leave of absence and employees will not be charged any fees for up to maximum of fourteen (14) days per calendar year per employee provided such employees do not work their scheduled shifts During this period except for days of negotiations rental cars are to be parked at owners premises The following pro rated charge will apply for negotiations If negotiations end before 1400 hrs - 12 day credit If continued past 1400 hrs -full days credit to affected employees

807 Leave of absence without fees shall be granted for a period of up to one (1) year to an employee who is engaged in full-time Union activity Such leave of absence shall upon request be extended from year to year to a maximum of three (3) years

During such period(s) of absence seniority shall continue to accumulate All Owners Group equipment and licenses will be returned to the Owners Group Member(s) prior to said leave

808 All taxicabs operating within the bargaining unit may place in the right hand corner of the rear window- without interference from the CompanyshyA Union decal supplied by the Union Such decal shall not exceed four (4) inches in diameter

Collective Agreement ccCompanyraquo Pageamp

809 Union representatives or stewards shall be entitled to book off the dispatch system and leave their work during working hours in order to carry out Union business as they may be advised by the Union

ARTICLE 9 DISCIPLINE AND DISCHARGE

901 No employee shall be disciplined or discharged without just cause

902 The Company andor Owners Group shall provide the Driver and the Union with written notice(s) of any discipline taken against a driver of the bargaining unit within thirty (30) business days of the incident giving rise to the discipline except for creditdebit card andor taxi chit fraud which shall be within sixty (60) business days of the incident giving rise to the discipline or the penalty will be null and void and further except where if the driver has been charged with a criminal offence and this comes to the attention of the Owners Group within six (6) months of the incident

903

904

905

(a)

By mutual agreement of the parties a minimum of one day per week shall be scheduled for the purpose of investigating complaints or allegations which may result in discipline to a driver A shop steward or Union representative shall be in attendance Notwithstanding the foregoing the Company or the Owners Group may initiate an investigation at any time if either deems the issue to be of a serious nature Should the investigation involve an interview of a driver the driver shall be entitled to Union representation

A driver is a probationary driver until he has worked for three (3) months under the DJs roof sign During this probationary period the driver would be working on a trial basis and be disciplined up to and including discharged at the sole discretion of the Company provided that the Companys decision is not arbitrary discriminatory or in bad faith as per Article 1 0 of this Agreement

Discipline shall be applied middotuniformly and disciplinary measures shall be appropriate to their cause(s) and subject to the principle of progressive discipline middot

The Owners Group agrees not to enforce Municipal Provincial or Federal Laws unless related to vehicle or public safety or to customer service

A grievance concerning a discharge of an employee shall commence at Step 2 of the grievance procedure within six (6) working days of the event

Such grievance may be settled by Confirming the action of the member of the Owners Group or

Collective Agreement ccCompanyraquo Page7

906

907

908

(b)

(c)

(d)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

Reinstating the employee with no loss of seniority andor with compensation as may be determined by the parties or

By any other arrangement which may be deemed just and equitable or

By proceeding to Arbitration in accordance with Article 25

No person shall have their dispatch services curtailed or suspended without just cause In the administration of this clause drivers shall complete the shift except

Where they or their vehicle is a danger to the public

Where they have not fulfilled their monetary obligations to the Owners Group or the Union

Or where their vehicles are required for garage service

When the taxi is dirty either inside or outside or both (car wash)

When the taxi driver has stolen a fare

When the taxi driver is not properly dressed

When the driver is intoxicated andor on illegal drugs

Employees shall have the right to have Union representation in meetings with the Company relating to discharge or discipline of that employee If a Union representative is unavailable for a scheduled meeting between the Company and that employee the meeting will not go ahead as planned

Disciplinary actions and adverse reports of an employee shall remain on said employees file for a period of one (1) year from the date of the offence No disciplinary proceedings against that employee shall be used after one (1) year except for disciplinary records involving sexual harassment assaults or refusal of a Guide Animals which shall remain on file for four (4) years from the date of the discipline

The Company is prepared however to review all driver files and have discussions with the Union with respect to those drivers who have had repeated problems

909 Employee(s) under suspension shall not pay any cab-rental or stand rent commencing on the fourth (4th) day of suspension and shall not pay plate rent commencing the beginning of the fourth (4th) week of suspension A

Collective Agreement laquoCompanyraquo PageS

suspended employee shall not be entitled to operate on any Company taxi stand while under suspension

ARTICLE 10 NON-DISCRIMINATION

1001 The Owners Group shall not discriminate against employees with respect to terms and conditions of employment on any of the prohibited grounds named in the Ontario Human Rights Code or on the grounds of union activity

1002 There shall be equal opportunities regardless of sex in all facets of the Company and the Owners Group business governed by this agreement

1003 No employee shall be required to retire on the grounds of age

ARTICLE 11 STRIKES LOCKOUTS PICKET LINES AND LABOUR DISPUTES

11 01 There shall be no strikes or lockouts so long as t~1is agreement continues to operate The word strike and the word lockout shall be defined in accordance with the definitions set out in the OLRA 1995 as amended

1102 Employees in the bargaining unit shall have the right to refuse to cross a picket line andor refuse to handle struck work in connection with a labour dispute

11 03 Failure to cross a picket line or handle struck work shall not be considered grounds for disciplinary action or otherwise be a violation of this agreement

1201

(a)

ARTICLE 12 DISPATCH

The Company shall supply maintain and operate a computerized dispatch system to provide fair and equal distribution of all calls trips or parcels received by the Company Computers in vehicles shall be serviced and maintained in working condition by the Company as the need arises

1202 The Company shall ensure that all requests for taxicab service are dispatched through the dispatch system of the Company and shall only be dispatched to licensed taxicabs in an equitable manner as determined by the terms of this agreement

Collective Agreement ccCompanyraquo Page9

1203 The Company agrees that the geographic locations of the stands which shall include backup stands shall be outlined in APPENDIX 1 and attached to this agreement Modifications can be made from time to time with the written approval of the parties

1204 The Company agrees that the current phone number (613) 829-9900 shall be used offered andor advertised for the dispatch of taxicabs operating under the Companys roof sign The Company further agrees that the telephone number (613) 829-9011 shall continue to be used for the dispatch of taxicabs operating under the DJs Taxi roof sign The parties agree that this latter telephone number shall not be advertised for DJs Taxi Co Ltd middot

1205 middot1n cases of abuse of the cheater switch the Union agrees that computer records of call-backs shall be prima facie proof of the abuse alleged by the Company Nothing herein shall be construed to condone or permit the use of the cheater switch Violations of this sub-article shall be considered grounds for discipline

1206 All requests for non-metered taxi service or other special taxi services shall be distributed in a fair and just manner

1207 Dispatchers phone staff and supervisors shall not dispatch any call or trip to any driver or on behalf of any driver by means of a pager or other similar communications device including but not limited to telephones with the exception of Para Transpo runs which shall be distributed in accordance with Appendix 3

1208 The Company shall ensure that there is no preferential treatment to any individual in respect of taxi dispatch services

1209 The Company shall employ a sufficient number of trained staff to serve the business in an efficient and expeditious manner

1210 When the Company dispatches a fare to an address that is different from the stated address of the caller the Company shall pay twenty dollars ($2000) to the driver dispatched

1211 The Company shall ensure that no derogatory remarks andor profane language is directed by the dispatchers and phone staff to drivers and vice versa The Company shall ensure that dispatchers and phone staff perform their duties in a polite businesslike and courteous manner at all times

1212 When a cancellation is received through the computerized dispatch system within the lead time of the Zone of the original call being placed

Collective Agreement laquoCompany)) Page 10

and the telephone number given at the time of the cancellation matches the telephone number given at the time of the request for the taxicab andor when a vehicle is dispatched to a non-existent address that is confirmed by the dispatch Supervisor the vehicle sent to that address would be placed in the first available position in the priority queue (given a No load)

bull No Load Priority Cancellation Local Incomplete Address

1213 In the event of a failure or malfunction of the computerized dispatch system the Company agrees that after a maximum of ten (10) minutes the addresses of the calls waiting will be made known to the drivers by voice In the event the server(s) is down for longer than twenty (20) minutes the Company must credit every driver in the bargaining unit an equal amount using the following formula five hundred dollars ($50000) divided by the total number of drivers in the bargaining unit to a maximum of two (2) crashes per month The Company will be entitled to two (2) downtime occurrences per month for upgrading and maintaining dispatching software and call centre hardware The Company agrees to notify the Union of the time and date of any organized shutdown The Company shall use its best efforts to have the shutdown during non-peak hours

1214 The Company agrees that dispatchers shall co-operate in every way possible to aid an employee who reports himself in danger The dispatcher shall not assess for himself the degree of urgency in any distress call and shall utilize nearby taxicabs andor police to provide aid

1215 (a) Time Calls

Time calls are prearranged calls Pre-arranged fares going to the Airport Train or Bus Station or downtown will also be considered a time call Time calls will be dispatched fifteen (15) minutes prior to the requested time to the first car booked on the corresponding stand

Out of town fares are calls reserved at least one ( 1) hour prior to the requested time It must have an estimated destination exceeding 100 kms or be on the middotflat rate sheet These fares will be dispatched forty-five (45) minutes prior to the requested time

The dispatcher may increase lead-time for time calls or out of town calls if weather traffic road conditions or the distance to locations warrant it

Collective Agreement ccCompanyn Page 11

(b) No information will be given out by the dispatch staff concerning fares coming into the Company office except for requests concerning the number of time calls to be dispatched between the next time period of 330 am - 630 am Dispatchers shall upon request inform the driver of the number of time calls to be dispatched during the next time period of 330 am - 630 am Dispatchers shall not give out any information with reference to the location of any time calls

1216 It is agreed that any concessiontaxi stand fares must be dispatched to drivers booked on the sub zones If no drivers are booked on the sub zone the fare will be dispatched as a regular fare If no drivers are booked on the zone the fare will be displayed on the main zone only as a fare waiting

1217 Attributed Call

These are calls where a special circumstance is made known to the Callshytaker and drivers are not forced to accept

Attributed calls shall include calls originating from the following locations or where the special circumstance indicated is made known to the phone staff

1 Bars -(except those listed as Messages) 2 Parcels 3 Wheel Chairs 4 Animals -(except guide animals) 5 Bicycles 6 Moving Jobs 7 Station WagonsNans 8 Boosts 9 No-Van Calls

Calls originating from the following addresses will be sent out as messages however should there be a Call-back for any of these addresses the Call-back shall be dispatched as a Local to the first car booked on the appropriate Zone

(a) OConnorsAMC Theatres (Kanata Centrum)

(b) Vox LoungeCock amp Bull (Bells Corners) (c) Park n Rides

(i) Baseline Station (ii) Fallowfield Station

(d) Grace OMalleys (Merivale and Capillano)

Collective Agreement ccCompanyu Page 12

1218

(e) (f) (g) (h) (i) (j)

Sergeants Pump (Merivale Rd) Coliseum Theatres Bayshore Transit Eagleson Transit Station Kanata Town Center Terry Fox Transit Station

For the purpose of article 1224 the following hours are considered peak periods

(i) During the months of November December January and February Mon - Fri 700 AM - 500 PM Thurs - Sat 500 PM - 300 AM New Years Eve 500PM-500AM New Years Day

(ii) During the months of March April and October Mon - Fri 700 AM - 300 PM Fri amp Sat 11 00 PM - 200 AM

(iii) For Canada Day 400 PM - 200 AM for

Christmas Day New Years Day (except as outlined above) Good Friday Easter Monday and Thanksgiving Day are exempt from the above

1219 Fares originating in the City of Ottawa and any other points west of Ottawa including Richmond Ontario shall be dispatched to the first taxicab appropriately booked on the corresponding stand

1220 Weather permitting there should never be a call back from customers due to the late arrival of a cab All fares accepted must be serviced without delay All stands will have a maximum response time limit of fifteen (15) minutes Phone personnel will tell customers that the cab will arrive within 10-15 minutes please be ready

Should the Company receive a Call-Back after the lead-time of a dispatched fare discipline shall be applicable to the affected driver(s) as follows

(a) 1st Offence First written warning and a fine of $2000 will be imposed and collected by way of the drivers account

(b) 2nd Offence Second written warning and a fine of $3000 will be imposed and collected by way of the drivers account

(c) 3rd Offence- Third written warning and a fine of $5000 will be imposed and collected by way of the drivers account

Collective Agreement ((Companyraquo Page 13

(d) 41h Offence- A final written warning and fine of $7500 will be imposed

and collected by way of the drivers account

(e) 5th Offence- Dismissal

Monies collected shall be used to appease dissatisfied customers and to advertise the DJs business

1221 Locals I Freebies

1222

1223

1224

a) b) (c)

These are calls that are dispatched to the first car booked in a Zone (Stand) and the driver accepting said call has a maximum of thirty 30) minutes to complete the call and rebook on the same stand the call was dispatched from in order to be placed in the first available position in the priority queue

Locals shall include calls originating from the following locations

Major shopping centres Groceries A list consisting of a maximum of five 5) addresses

When being dispatched on the Computerized Dispatch System Fare Waiting shall mask all calls or trips for the duration of this Agreement

No calls trips or parcels shall be dispatched on voice except where provided in this Agreement

In recognition of the fact that the Company operates a multi-fleet dispatch operation the Company and the Union agree that the staffing levels of the dispatch operation to service the DJs fleet shall always be no less than one (1) call taker and no more than middotfive 5) call takers One (1) call taker shall always have priority to respond to DJs calls with the balance of the call takers having secondary priority on a cascading basis To address any problems arising from dispatch issues the parties agree to establish a Dispatch Committee of equal representation to meet at mutually agreeable time frame upon request of either party within fifteen (15) days of notice being given by either side Issues may include but not restricted to hardware software or manpowerstaffing The Parties agree to address any such issue in an expeditious and fiscally responsible fashion

When the DJs fleet reaches one hundred and thirty (130) taxi cabs the Company shall add a second call taker having priority to respond to DJs calls but only during peak periods When the DJs fleet reaches one

Collective Agreement laquoCompanyraquo Page 14

hundred and sixty (160) the Company shall increase the number of call takers to two (2) having priority to respond to DJs calls at all times

1225 A list of persons and addresses owing money to drivers for fares not paid shall be compiled by the Company and kept in the dispatch office at all times No requests for taxicabs or specialty services excluding school and contract runs shall be dispatched to these persons andor addresses until the monies owing are paid

1226 Dispatchers phone staff and supervisors shall not remove falsify alter any request for taxicab service placed with DJs taxi dispatch service

1227 The Company shall ensure that dispatchers phone staff or supervisors shall not accept money or other forms of favour or inducements from any person where the objective of such payment is the granting of preferential treatment to any individual in respect of dispatch services

1228 When a call back is received after the lead time of the call in question the dispatch supervisor will send two 2) voice messages at least one (1) minute apart for the driver to come to voice If the driver fails to respond the call will be re-entered as a local call and if said driver is booked into the system heshe will be suspended until there is a response Drivers failing to go on or being late on their calls will be further disciplined in accordance with progressive discipline

1229 The Company shall discipline any driver who assigns a dispatched fare to another driver

1230 (a) The discipline or discharge of a driver who has completed hisher probationary period shall be grievable in accordance with Article 24 of this Agreement The Company agrees that it shall apply the principle of progressive discipline However the Company reserves the right not to apply the principle of progressive discipline for certain offences based on their severity

(b) The Company shall discipline any driver as follows for the specific offences listed below

i) Assigns or redirects a dispatched fare to another driver operating under the OJS roof sign as follows

a) 1st offence- 1 shift b) 2nd offence- 2 shifts c) 3rd offence - 3 shifts

Collective Agreement laquoCompanyraquo Page 15

(ii) Cancels a fare already inputted into the Ziptrack Dispatch System as follows

(a) 1st offence- 1 shift (b) 2nd offence - 2 shifts (c) 3rd offence- 3 shifts

(iii) Telephones the Ziptrack Dispatch System with an illegitimate call as follows

(a)

(b)

(c)

1st offence - 2 shifts and $2500 to the affected driver pajable by the offending driver 2n offence - 4 shifts and $2500 to the affected driver payable by the offending driver 3rd offence - termination of employment

(iv) Assigns or redirects a dispatched fare to another driver operating under another roof sign as follows

(a) 1st offence- termination of employment

For purposes of this provision one (1) shift is a period of twelve (12) consecutive hours for a twelve (12) hour driver and twenty-four (24) consecutive hours for a twenty-four (24) hour driver

1231 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical break down emergency or any other reason(s) not herein listed the dispatcher shall re-dispatch the fare and suspend the driver for one (1) hour

1232 Definitions

Accessible call means a valid request for an accessible taxicab by a person with a wheel chair or is otherwise defined by any statute or regulation thereof

Accessible Driver means a driver who is qualified to drive an accessible taxicab under the applicable By-laws of the City of Ottawa

Accessible Plate means a licence for an accessible taxicab that is issued to a person who has qualified to hold an accessible licence under the applicable By-laws of the City of Ottawa

Collective Agreement laquoCompanyraquo Page 16

middotAccessible Taxicab is a taxicab which is designed to accommodate one or more individuals who require the use of a wheelchair without the need to transfer the individual from the wheelchair which vehicles are otherwise subject to federal and provincial legislation applicable to the transport of Physically Challenged Persons and in respect of which an accessible plate has been issued

Attribute means in respect of a vehicle the association with that taxicab in the Ziptrack dispatch software system of a special feature (or restriction) for that vehicle required for specific types of fares

Call means a request for taxi service received by Ziptrack by a telephone call to the DJs Taxi number 829-9900

Cover or Covered as applicable to a fare means there-dispatch of a previously accepted fare at the request of the accepting driver for valid reason (mechanical breakdown accident or other emergency) in accordance with normal dispatch procedures

Taxi Stand means a space on private property for taxicabs operating under the DJs Taxi roof sign specified under an agreement between Coventry Connections Inc or Ziptrack Inc or a space specifically designated as a taxi stand from time to time on a public street or other public space by the City of Ottawa

Accessible Vehicle Dispatch

(a) It is agreed that calls placed through the dispatch system for an accessible taxicab shall be dispatched only to accessible taxis defined by the dispatch system as an Attribute Where there are no accessible taxicabs booked into the dispatch system and available to accept a call such call shall be displayed as being available on the fare broadcast screen

(b) An accessible taxicab may be dispatched as a standard sedan taxicab at anytime that it is not dispatched on an accessible fare An accessible taxicab shall not be given priority for any type of fare other than an accessible fare An accessible taxicab shall be booked off all zones when any fare is accepted or rejected

(c) The driver of an accessible taxicab is not authorized to reject an accessible fare if he is booked on the dispatch system or is in a queue at a taxi stand or company concession Failure to accept an accessible fare shall be deemed a rejection of an accessible fare and shall be subject to discipline

Collective Agreement ccCompany Page 17

1301

1302

1303

1304

(d) In the event that a driver of an accessible taxicab who has accepted an accessible fare requests to be covered and where such request is granted the driver shall be booked off the dispatch system for a minimum of one (1) hour or until the fare is covered

(e) The driver of an accessible taxicab that rejects or is deemed to have rejected an accessible fare under paragraph (c) above shall be booked off the dispatch system until one ( 1) hour after the accessible fare has been accepted and or service (the record of which not withstanding sub-Article 908 of the Collective Agreement shall be kept for five (5) years

(f) All accessible calls shall be masked by ACCESSIBLE FARE WAITING

(a)

(b)

(c)

(d)

(e)

ARTICLE 13 EMPLOYEES DUTIES

All employees shall perform their duties in a business like professional and courteous manner and shall not use abusive language on the air to customers or to Owners Group Staff

All employees shall be neatly dressed well groomed neat and clean in personal appearance

All employees shall give a receipt on the authorized form of the Owners Group showing the date car number and drivers name when requested to do so by the passenger or whenever there is a dispute over the fare

Subject to the above and except when he has a previous engagement ttle employee shall serve the first person requiring the service of his taxicab except when the prospective passenger

Is disorderly or abusive or poses a health or safety risk In cases of disputes involving intoxication andor health and safety risk and while the well being of the driver is of paramount importance extreme caution and sound discretion must be exercised prior to any refusal At all times the nature of the business that being a service Industry must be borne in mind so each and every situation must be measured on its own merit by the driver

Is in possession of an animal other than a Guide Animal or

Refuses to state his final destination upon entering the taxicab or

Has not paid a previous fare or

Refuses to pay in advance for flat rate out of town trip(s) or

Collective Agreement laquoCompanyraquo Page 18

(f)

1305

1306

1307

1308

1309

(a)

(b)

(c)

Has called two (2) cab companies for the same fare

In the event a driver discovers a lost object in the taxicab he shall immediately advise the dispatch supervisor of his findings with a description of the object an approximate idea of who might have left said object along with the pick-up and drop-off addresses of the customer if possible

Within twenty-four (24) hours of an objects discovery the driver shall take said object to the nearest Ottawa police station or to the Ziptrack Inc dispatch office at no cost or when directed to do so within the above mentioned twenty four (24) hours A receipt for said object will be issued if requested

Subject to Article 1305 should the customer wish the immediate return of the lost object the dispatcher shall notify the customer of the approximate metered cost of return from the location of the driver at that time and the employee shall return the object immediately to the customer at the standard metered rate

No employee shall be forced to violate a Municipal Provincial or Federal Law or regulation in the performance of ~1is duties

The Company shall provide the drivers with a list of all current flat rates Upon any changes to said list a new list shall be issued within thirty (30) days following such changes

No person(s) who will be driving under the DJs roof sign except for rehires who have been absent for less than three (3) years shall be hired or permitted to commence employment until

Heshe has successfully passed the test which the Company shall devise and administer with regard to the operation and knowledge of the taxi related Industry Said test shall include but not be limited to the knowledge of the Ottawa-Carleton area but with an emphasis on the areas directly affected by this collective agreement

Orientation by the Operations Manager or his designee on the DJs Taxi charge system

Heshe has been given a six (6) hour in-car training session This session will comprise of accompanying the prospective employee for a period of six (6) hours to learn the stands customer relations specific to DJs Taxi two-way radio booking practices and a general familiarization with the DJs environment The cost associated with this in-car training session shall be

Collective Agreement ccCompanyraquo Page 19

$10000 and said cost shall be borne by the prospective employee Failure to pass any portion of this test shall result in a fourteen (14) day waiting period before the applicant will be allowed to re-do the portion(s) of this sub-article which heshe has failed The cost associated with re-doing a) or c) will be $5000 while re-doing both would be $10000

During this waiting period the applicant will not be allowed to operate under the DJs roof sign No person operating a taxicab under the DJs roof sign will be assigned any duties associated with this sub-article

Tests are given on the first and third Mondays of each month on a first come-middotfirst serve basis by appointment Failure to attend for a scheduled date and or time will result in the forfeiture of the appointment and a new date will be booked on a first available basis only

ARTICLE 14 TECHNOLOGICAL CHANGE

1401 Technological Change means but is not limited to the introduction of changes to the present systems the introduction by the Company of additional radio channels computerized dispatching systems or any other mechanical electrical or other system including but not limited to fuel systems at no cost to the drivers

1402 In the event of any technological change the Company shall notify the Union in writing at least ninety (90) days before the introduction of such changes unless prior discussions with the Union have occurred

1501

1502

1)

2)

3)

ARTICLE 15 SENIORITY

Seniority shall be applied in determining layoffs preference for time off and recall from lay off as set out in other provisions of this agreement

Prior to being offered employment an individual shall be required to present to the Member of the Owners Group and the Company all relevant documentation namely

Valid Ontario or Quebec Provincial drivers license with a current provincial driving record with no more than six (6) demerit points at such time and if applicable has been pardoned for any prior conviction for impaired driving

Applicable Taxi Drivers License

Original copy of a Motor vehicle drivers abstract no older than twentyshyeight (28) days

Collective Agreement laquoCompanyraquo Page 20

4) Letter from previous or present insurer (where possible)

5) Work permit if applicable

6) Proof of Union membership

7) Social Insurance Numbercard or verification from appropriate federal government department of such number

8) A clear Police Criminal Record check no older than twenty-eight (28) days

9) Training as set forth in 1309

The above requirements do not apply to a driver who changes status or moves between Members of the Owners Group or Single Plate Owner or Single Plate Lessee provided the driver does not go more than thirty (30) calendar days without being registered on a taxicab except by reason of a proven medical illness Requirement 9 above does not apply to a driver who had previously driven under the DJs Taxi roof sign within the previous twelve (12) months Nevertheless each driver is required to register such changes with the Company To facilitate the drivers ability to register such changes the Company office shall be open from 830 am to 200pm daily except Saturday Sunday and Statutory Holidays

1503 The Owners Group shall recall laid off employees in the reverse order of lay-off

1504 A driver injured or ill should notify the Company and the Union within two (2) weeks of his absence and should arrange to provide a detailed mediqal certificate as evidence of injury or illness and an estimated time of return signed by a doctor in order to preserve his seniority Only an employee returning from an absence of eighteen (18) months or less due to injury or illness shall be returned to his previous vehicle provided that said vehicle is still working as a taxicab if it is not he shall be returned to another vehicle on the same shift he had prior to his injury or illness

A driver replacing another driver who is on sick leave shall be notified of his status by the Owners Group and the Owners Group shall notify the Union of all details

An employee returning within 30 days from an absence due to injury or illness shall be returned to his previous vehicle provided said vehicle is still working as a taxicab and if it is not heshe shall be returned to another vehicle

Collective Agreement laquoCompanyraquo Page 21

1505

(a)

(b)

(c)

(d)

An employee returning to work after thirty (30) days but less than eighteen (18) months from the commencement of hisher injury or illness shall be returned to work displacing the most junior driver driving with the individual member of the Owners Group

Clarity Note (i) A twelve (12) hour driver returning from illnessinjury shall be returned to a twelve (12) hour shift car by replacing the most junior driver driving Should the most junior driver be driving a twenty-four (24) hour car heshe would then be offered the shift remaining after the returning driver has chosen

Clarity Note (ii) A twenty four (24) hour driver returning from illnessinjury would replace the most junior driver and assume hisher shift

Clarity Note (iii) Returning employees shall be given the first available car corresponding to their previous shift

An employee shall lose seniority and as such will cease to be an employee upon

Voluntarily quitting or resigning

Being discharged for just cause and not having been reinstated through the grievance or arbitration procedure

Failing to rent an available vehicle when duly notified of same while on layshyoff except or for certified medical reasons

Being laid off being without a valid work permit or being without a valid Provincial drivers license or appropriate Municipal taxi drivers license for a length of time equal to that employees seniority or twelve (12) months whichever is less

ARTICLE 16 COMMITIEES

1601 A UnionManagement committee shall be appointed consisting of up to three (3) representatives from the Union and up to three (3) representatives from the Company This committee shall meet every six (6) months for the purpose of discussing matters of mutual concern

1602 A safety committee consisting of at least two (2) representatives of the Union and two (2) representatives of the Owners Group shall meet at a mutually agreeable time frame upon the request of either party within thirty (30) days for the purpose of discussing matters of mutual concern Minutes will be kept of each meeting

Collective Agreement laquoCompany Page22

1603 A rules committee consisting of up to three (3) representatives of the union and of up to three (3) representatives of the owners group shall meet at a mutually agreeable time frame upon the request of either party within thirty (30) days for the purpose of negotiating changes to existing rules and for discussing any new rules prior to their implementation

1604 To address advertising the parties agree to establish an Advertising Committee of equal representation to meet at mutually agreeable times upon request of either party within fifteen (15) days of notice being given by either side The Committee shall be responsible for a budget of $2625000 over the term of this collective agreement which sum shall be spent to advertise and promote the DJs business

The parties must agree when and how the advertising will be allocated However the parties agree that advertising would include

bull Flyers bull Newspaper Ads bull Promotional Items (eg fridge magnets) bull Radio

ARTICLE 17 SAFETY AND HEALTH

1701 It is understood and agreed that driver safety is important to the individual employee and to the industry as a whole The Owners Group and employees agree to exercise their rights and to fulfil their obligations in accordance with this understanding The Owners Group will continue to encourage and welcome safety recommendations for the safety and health of drivers during their working hours

1702 The employer shall supply only safe and roadworthy vehicles and the equipment contained therein and the vehicles themselves shall be maintained in good working order Each rental vehicle shall meet the mechanical fitness standards as defined in Provincial legislation

1703 The Company agrees to pay the premiums to an insurer chosen by the Company to provide term life insurance coverage in the amount of ten thousand dollars ($1000000) for all employees provided that the affected employee has a minimum of one (1) year seniority under the DJs Taxi roof sign and is actively working on the day he attains this one ( 1) year seniority

All claims and payments shall be in accordance with the terms of the master policy of the insurer and the Company shall not be liable for any

Collective Agreement laquoCompanyraquo Page 23 middot

bull

non payment by the Insurer This insurance coverage will not be provided to any driver who is 65 years or older at any time during this agreement

The Company shall aid in collecting monies by allowing a cash donation box to be set up at their office for driver(s) involved in serious accidents The Company shall not be responsible for said box

1704 The Company shall supply a safety shield for the company owned rental vehicle when requested by that driver

All rental drivers who request a shield must continue to operate on a vehicle that is equipped with a safety shield so long as said driver is operating under the DJs roof sign provided one (1) is available Company rental drivers working with a shield shall have the option of refusing to operate any spare rental vehicle not equipped with a safety shield However once a driver accepts a spare rental vehicle not equipped with a shield he will be deemed to have given up his right to exercise this option on the same shift

ARTICLE 18 WORK WEEK

1801 The Owners Group agrees that the employees shall determine their work week subject to the provisions of this agreement

1802 The Owners Group agrees that the work week shall be based on seven (7) days

1803 Rental drivers shall pay their weekly rental over six (6) days and have the use of the vehicle for seven (7) days

1804 Stand rents for car owners shall be calculated weekly paid monthly or weekly at the discretion of the employee but limited to one change in the payment structure per calendar year Any reduction is to be calculated on a weekly basis and there shall be no reduction given for anything less than seven (7) consecutive days off except where provided in this agreement

1805 Shifts shall be mutually agreed upon by the partners on the vehicle and in case of dispute shifts shall commence at 400am and 400pm The change-over location shall be mutually agreed to by the partners on the vehicle and in case of dispute change over shall be at the Companys office

ARTICLE 19 STATUTORY HOLIDAYS

Collective Agreement laquoCompanyraquo Page 24

1901 (a)

(b)

All rental drivers (12 amp 24 hours) of the Owners Group shall be entitled to the following days off provided that they have worked more than three (3) consecutive months under the Companys roof sign

All single plate owners (SPO) and single plate lessees (SPL) shall be entitled to the following days off provided that they have completed three (3) months of service under the Companys roof sign and they shall not be charged plate rent or stand rent for said statutory holidays

Employees meeting the criteria outlined in (a) and (b) above shall be given credit for said days whether they choose to work or not Credits for statutory holidays shall be given at the time that payment is made for the period covering the day of the holiday

New Years Day Family Day Good Friday

Victoria Day Canada Day Labour Day

ARTICLE 20 TIME OFF

Thanksgiving Day Christmas Day Boxing Day

2001 All rental drivers (12 amp 24 hours) shall be entitled to four (4) weeks annual time-off

All single plate lessees (SPL) shall be entitled to five (5) weeks annual time-off for which they shall not be charged stand rent for time-off taken During said time-off heshe shall not be charged plate rent for the first four (4) weeks

All single plate owners (SPO) shall be entitled to seven (7) weeks annual time-off During this period they shall not be charged stand rent

SPOs and SPLs outlined above will be granted their requested time-off entitlement provided they have no balance owing and provided that a minimum of one (1) week written notice is given to the individual Member of the Owners Group (MOG) and the Company and provided further that said drivers have a minimum of one (1) completed year of uninterrupted service under the Companys roof sign

In cases of accidents and major breakdowns involving SPO and SPL no notice period will be required for time-off and credits for such time-off will be based on daily increments

Where a SPOor a SPL has used all hisher allotted time off and said SPO or SPL has an accident or major breakdown heshe will be given up to a maximum of ten (1 0) additional days of time off and during said time

Collective Agreement laquoCompanygtbull Page 25

heshe shall not be charged any stand rent subject to proof of inoperability of the vehicle being provided

In the case of SPOs and SPLs extended time-off will be allowed for overseas trips All rents must be paid in advance to cover the time off for the extension

Explanation Car owners time off is only when the car is off the road If the SPO or SPL puts a driver on the car it is not considered part of this time off

2002 Single plate owners and single plate lessees will be responsible for arranging for time off for their drivers

2003 Time off may be taken weekly or bi-weekly at the employees discretion Provided further where the employee has taken a minimum of one (1) week heshe may take additional days) of less than weekly increments) in conjunction with the one 1) week

2004 Time off must be taken during the calendar year and cannot be accumulated over more than one calendar (1 year

2005 The MOG SPL and SPO agree that roof signs taxi plates and all other items (computer equipment will remain with the Company during the employees time-off and in the case of rental drivers the rental vehicle will be returned to the vehicle owner

ARTICLE 21 INSURANCE

21 01 Every car owner has the right to obtain insurance from the broker or Company of their choice without interference from the Owners Group

2102 The Owners Group shall upon written request from an employee who is presently insured by a member of the Owners Group provide written details of claim settlements and accident records

2103 The Company shall provide at no extra cost motor vehicle insurance coverage with collision provision deductible not exceeding $75000 or the cost of repair whichever is less for each at fault accident

21 04 The Company shall provide at no extra cost comprehensive coverage with zero deductible including but not limited to middotfire and theft It is agreed and understood that comprehensive coverage does not cover driver owned equipment

Collective Agreement Page26

21 05 The Company shall provide accident benefit coverage as set out in the OAP 1 of the Ontario Automobile Insurance Act and shall abide by the guidelines and statutory conditions as set out by the Insurance Company with whom the Company is insured

2106 With respect to Articles 2103 2104 and 2106 above which applies to accessible shift vehicles only) the Companys obligation is to provide insurance coverage only Any determination of whether a driver is entitled to insurance benefits andor whether a claim shall be paid or denied in any given situation shall be the sole and exclusive responsibility of the Insurance Company

2107 A driver who is insured through the Company shall provide the Company with a Motor Vehicle Drivers Abstract one month before the annual renewal of the Companys insurance policy A driver shall provide additional Motor Vehicle Drivers Abstracts as requested by the Insurer

21 08 The Companys insurer may judge a driver to be a high risk and may assess a surcharge accordingly A driver who is found tomiddot be a higher risk will bear the cost of any such surcharge

21 09 A driver insured by the Companys insurer who is involved in an accident shall regardless of whether he or she was at fault notify the dispatcher immediately The driver shall indicate whether the accident should be reported to the police and whether the customer or driver require medical attention Following notification of the dispatcher the driver shall remove the roof sign from the vehicle and record to the best of his or her ability all relevant information The driver shall bring the relevant information to the office within 24 hours of the incident excluding weekends and holidays)

2110 Drivers are responsible for the replacement of all lost or stolen antennae andor roof signs

2111 The Company shall pay the full El payments for all rental drivers In the event of an increase in the premiums during the life of this Collective Agreement drivers shall pay the drivers share of the increase

2112 All drivers who are insured through the Company obtained insurance must sign the Companys insurance agreement prior to commencing work The Company shall provide insurance agreements with no more than a $75000 deductible to be paid after the accident The amount shall be paid at the rate of $1000 per shift until fully paid

Collective Agreement ((Companyraquo Page27

ARTICLE 22 TAXI PLATE SALES

2201 1 Members of the Owners Group shall be able to sell plate(s) in the following manner

2202

(a) A notice of its intent to sell plate(s) shall be posted and announced over the dispatch system for a period of three (3) days and shall be offered to the lessees and rental drivers in the bargaining unit

(b) Where there is more than one interested applicant the plate(s) shall be offered based on seniority and plates sold shall be the plate of the most junior lesseedriver

Where the sale will result in the layoff of a driver that driver shall be recalled prior to any new hires by all Members of the Owners Group

2 Where there are no applicants the Member of the Owners Group will sell the last leased plate at their discretion Any driver laid off shall be recalled prior to any new hires by all members of the Owners Group

3 Sale of More Than One Plate at One Time

4

5

The Owners Group has the right to sell to whomever they choose provided that no one is displaced

In the event that the most junior lessee is displaced as a result of the sale of the plate the Company agrees to pay to the displaced lessee no more than fifty-five thousand dollars ($5500000) in the first year of this Agreement and according to the succession plan as outlined in article 23 for the following years of this Agreement This would apply only if the said lessee has complied with the succession plan as per article 23

An individual Member of the Owners Group shall not require any of his drivers to give up their rights under this Agreement and work under another roof sign without the drivers written consent given before a Notary Public for Ontario The Union shall be supplied with copies of the consents

In the case where a Member of the Owners Group is leasing a taxi plate and the Member of the Owners Group has a car under this plate and this vehicle is then rented out on a 12 or 24 hour rental this article then does not apply The Owners Group cannot be held responsible for any damage or compensation that may arise from the actions taken by the 3rd party

Collective Agreement laquoCompanyraquo Page28

2301

2302

2303

1

2

3

4

ARTICLE 23 SUCCESSION AND TAXI PLATE LEASES

Definition

The process by which the lessee of a Company-owned taxi license plate having determined that heshe wishes to retire andor otherwise terminate hisher relationship with the Company and having officially notified in writing both the Union and the Company of hisher intention to do so offers the opportunity to hisher driver to be the lessees successor all in accordance with the conditions sot out in this Article

In order to be eligible to offer a lease for succession the lessee must have been a party to a valid taxi plate Leasing Agreement with the Company for a minimum of one (1) year and have two (2) years of continuous uninterrupted service operating a taxi vehicle under the Companys roof sign The lessee must also be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

In order to qualify as a successor the driver must be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

An offer for succession shall follow the following order

No offer for succession can be made until the day after the final version of the seniority list as outlined in Appendix 2 has been agreed upon and signed-off by the Parties

The lessee must notify the Company and the Union in writing of hisher intention to exercise the option of succession and the projected date of the succession

The taxi plate lease shall be offered to the lessees current driver (if any) who shall have thirty (30) days to reject or accept the succession

If the offer is rejected or thirty (30) days have passed since the offer was made the taxi plate lease shall be offered to the drivers who are not single plate lessees (SPL) or a single plate owner (SPO) on the seniority list who shall have thirty (30) days to reject or accept the succession

Collective Agreement ltltCompanygtgt Page29

5

6

2304

2305

2306

2307

2308

2309

The most senior driver on the seniority list (who is not a single plate lessee-SPL or single plate owner-S PO) who accepts the succession shall be the successful incumbent lessee

In the event that no driver accepts the succession the lessee may ask that his request for succession be held in abeyance until such time as an incumbent lessee is found or may retire andor otherwise terminate hisher relationship with the Company at the time of hisher choosing In the event that the lessee retires andor terminates hisher employment relationship the taxi plate shall be returned to the Company and assigned to the next senior eligible driver as per the Companys past practice

The succession shall be valued at no more and no less than fifty-five thousand dollars ($5500000) except as modified as per sub-Article 2308 The driver (incumbent lessee) shall pay to the lessee the full value of the succession fee within sixty (60) days of the date of acceptance of the offer Once the driver has paid the succession fee the driver becomes a single plate lessee for the purposes of this Collective Agreement and will assume all rights duties responsibilities and obligations of a single plate lessee as set out in this Collective Agreement

The Parties agree that any monies or other considerations paid to a lessee at any time other than the time set out in sub-Article 2304 above shall not be counted towards the succession fee

The amount of $300000 (plus HST if applicable) shall be paid to the Company as a consulting fee by the incumbent lessee no later than the day before the day the incumbent lessee becomes a single plate lessee for the purposes of this Collective Agreement

Any lessee who exercises the succession option voluntarily terminates hisher employment with the Company and loses all seniority A driver who wishes to subsequently be rehired by the Company as a driver shall be placed at the bottom of the seniority list The driver will be eligible to become a lessee two (2) years from the date of hisher rehiring

The amount set out in sub-Article 2304 shall be increased annually on the date of the plate and stand rent increases set out in Article 27 of this Collective Agreement The annual increase shall be the same as the average of the percentage increase in the plate rent and the stand rent for that year

In the event of the death of a lessee and provided the lessee is up to date with all payments to the Company and has no outstanding amounts owing to the Company whatsoever the lessees estate shall have up to six (6) months from the date of death to exercise the option of succession

Collective Agreement laquoCompanybullbull Page 30

2310

2311

(a)

(b)

(c)

2312

Leasing agreements must be entered into provided they do not conflict with the terms of this Agreement

Without limiting the generality of 2310 in any way whatsoever a leasing agreement shall contain the following provisions

The lease shall terminate automatically for failure to fuHill any term of the lease including but not limited to failure by the lessee to fulfill any financial obligation or failure by the lessee to obtain replacement insurance in the event of cancellation of insurance

The lessee shall be the principal driver of the taxi vehicle which is attached to the taxi license plate

This Collective Agreement between the parties shall be the entire agreement and there shall be no other fee condition or other obligation except those set out in the Collective Agreement

All leased plates shall remain as such and shall not be converted to rental vehicles for the duration of this Agreement provided there are persons willing to leased said plates

ARTICLE 24 GRIEVANCE PROCEDURE

2401 A grievance shall include any issue regarding the interpretation administration application or alleged violation of this agreement It is the mutual desire of the parties that complaints of the drivers be adjusted as quickly as possible To that end the parties have adopted the following grievance procedure

STEP 1 A driver may bring his complaint to the Supervisor of the Members of the Owners Group If the driver does bring his complaint to the Supervisor he must do so within twenty (20) days of the incident or of he having knowledge of this incident giving rise to the complaint Where the complaint is brought forward it must be given to the Supervisor and the Supervisor shall reply within two (2) working days

STEP 2 Failing settlement of the complaint at Step 1 or where the driver has chosen not to avail himself of Step 1 the driver must file the grievance in writing within twenty (20) days of the incident or omiddotf he having knowledge of this incident giving rise to the grievance The grievance must be referred to the Member of the Owners Group claimed to be responsible andor any other person designated by the Member of the Owners Group Grievances shall be dealt with at the Step 2 meeting which shall be scheduled on the 3rd Wednesday of every month This monthly Step 2

Collective Agreement ccCompanyraquo Page 31

meeting shall be one meeting held at the Companys office Where the grievance involves the discharge of a driver the parties agree to meet within ten (1 0) working days of the filing of the grievance A representative of the Union shall be present at all step 2 meetings The Member of the Owners Group must respond within three (3) working days of the meeting

2402 Should a group grievance or a Union or policy grievance develop it shall be filed at Step 2 within twenty-five (25) days of the incident giving rise to the grievance or of the drivers or Union having knowledge of this incident

2403 Failing settlement under the above the matter in dispute may be taken to arbitration in accordance with article 26

2404 Drivers employed by single plate owners and single plate lessees may not grieve matters or disputes arising between the driver and the single plate owner or single plate lessee A committee shall be set up and made up of equal numbers of Uniondriver and Company personnel to assist in resolving disputes between the drivers and single plate owner and single plate lessee The committee shall have the power to determine a procedure to be followed as well as to determine fault and penalties

ARTICLE 25 ARBIrRATION

2501 After exhausting the provisions of the grievance procedure either of the parties may submit a grievance to arbitration either expedited or formal in writing within thirty (30) days of the Step 2 reply or if there is no reply within thirty (30) days after the expiration of the time limits to provide a reply

2502 Unless otherwise mutually agreed by the parties all grievances referred to arbitration not relating to an indefinite suspension a discharge or any separation of employment or to the interpretation of the collective agreement group grievances and policy grievances shall be referred to the expedited process

Grievances referred to arbitration in respect of indefinite suspensions discharge or separation of employment for any reason or to the interpretation of the collective agreement and group grievances may only be referred to this expedited process by the mutual agreement of the parties

2503 Within fourteen (14) days after notice has been given that the grievance will proceed to formal arbitration the parties shall meet and agree on a single arbitrator If the parties cannot agree on an arbitrator within this time limit either party may request the Minister of Labour to appoint an

Collective Agreement laquoCompanyraquo Page32

arbitrator and this appointment shall be binding on both parties In respect of the cost of arbitration of formal grievances the parties shall share equally the fee and expenses of the sole arbitrator

2504 The formal arbitrator shall have the right to exercise all the powers provided by the Labour Relations Act as amended from time to time

2505 The Arbitrator must hand down a written decision within sixty (60) days of the date of the hearing

2506 As an alternative to the formal arbitration process set out in the foregoing paragraphs a grievance may be referred to a previously agreed-upon person who shall hear the grievance and who shall at the conclusion of the hearing give a decision immediately Such decisions may not be used to alter modify or amend any part of the collective agreement and are made without precedent or prejudice to similar or like cases Such a decision shall be final and binding upon both parties and no further action may be taken on that grievance by any means whatsoever

2507 To maintain the efficiency of this expedited process the parties shall schedule a minimum of one (1) day of arbitration every three- (3) months except in those circumstances where either party deems it necessary to schedule the arbitrator more frequently

2508 The parties shall share equally the fee and expenses of the persons selected to hear the expedited arbitration cases

2509 At all expedited arbitration hearings the Company or Member of the Owners Group shall be represented by a member of their management and the Union shall be represented by a Union staff representative or an officersteward of the Local Union

2510 The Union shall forward to the representative of the Member of the Owners Group a list of the expedited grievances to be heard on the day or days scheduled for the hearing of grievances according to the expedited arbitration procedure The aforementioned list shall be forwarded to the representative of the Member of the Owners Group no later than ten (10) working days in advance of the hearing unless otherwise mutually agreed

2511 By exception a party may call one (1) witness at an expedited arbitration

2512 Prior to proceeding to formal or expedited arbitration and at least thirty (30) days prior to the date of arbitration the parties may upon mutually agreement request that any grievance be referred to a mediator to act as a grievance mediation officer for the purpose of attempting to

Collective Agreement laquoCompanyraquo Page33

mediate a settlement of the grievance The parties shall share equally the fee and expenses of this officer

ARTICLE 26 TAXI PACKAGE

2601 The employer shall provide to the rental driver at no extra cost motor vehicle insurance with a collision provision deductible not exceeding $50000 for each accident at fault

The Owners Group shall also provide to the rental driver at no extra cost comprehensive coverage with zero (0) deductible including but not limited to fire and theft It is agreed and understood that comprehensive coverage does not cover driver added equipment

2602 Each rental driver shall be supplied for a daily twelve (12) or twenty-four (24) hour period at no extra cost a roadworthy safe sedan four (4) door taxicab with proper weather resistant tires for all seasons and with a seating capacity for not less than four (4) passengers containing

2701

2702

2703

1 A roof sign 2 A sealed taxi meter 3 A two-way radio 4 A full size spare tire subject to space limitations 5 A tire tool 6 A jack 7 A mike clip 8 A full tank of gas at start date 9 Air conditioning on replacement vehicle where possible 10 An electric rear window defroster or blower

Any equipment owned by the Owners Group that becomes inoperative shall be repaired as soon as possible

ARTICLE 27 RENTAL CHARGES AND TERMS OF AGREEMENT

This agreement shall take effect upon ratification and be binding on both parties for three (3) years and shall continue for annual periods of one year each unless either party gives at least one hundred and twenty (120) days notice that it wishes to amend this agreement

It is agreed and understood that this agreement will remain in full force and effect until amended by negotiations

Rates shall be as follows

Collective Agreement laquoCompanyn Page 34

712011 712012 712013

Stand Rent (monthly) $43900 $45000 $45900

Plate Rent (monthly) $71926 $75000 $75960

Daily Car Rental 24 hr Regular Plated $9700 $9700 $9700

24 hr Accessible Plated $10500 $10500 $10500 12 hr Regular Plated $6700 $ 6700 $6700

12 hr Accessible Plated middot $8300 $8300 $8300

Credit Card Transaction 50 50 50

Debit Card (per) Transaction $065 $065 $065 (To the Driver)

POS Rental Fee (monthly) $800 $800 $800

POS Insurance (monthly) $300 $300 $300

Note The above rates do not include HST

Note For purposes of car rental rates the weekly rents shall be six (6) times the daily rent

Note It is recommended that drivers use Company supplied POS machines and systems

2704 Employees shall pay all monies owed to the Company in the following manner Monthly By the 5th business day of the month

2705 Any employee failing to pay monies by the above dates and times shall be suspended and not reinstated until the monies are paid in full and credited to their account

2706 Employees shall be entitled to pay their rents to the company by company approved charges cash and cheque - provided the employee has at least one (1) year of seniority

Employee(s) who have one (1) cheque returned NSF shall be suspended immediately upon the company receiving notification from the

Collective Agreement ((Company Page35

bank shall lose such privilege for twelve (12) months and shall be charged the appropriate charges

ARriCLE 28 GENERAL

2801 The Company and drivers shall maintain its internal company charge system and accept major credit cards which currently include Visa Mastercard American Express and Diners Cluben Route as approved by the Company

2802

2803

2804

2805

2806

2807

This system shall continue for the duration of this Agreement so long as external factors outside the Companys control do not prevent the Company from doing so Drivers shall be entitled to cash their charges provided they do not have any outstanding balances at the offices of the Company during the hours of 0830am to 400pm Monday to Friday except holidays The Company shall make available to the employees during normal business office hours receipt cards and credit card slips All credit card charges must be authorized

Drivers shall pay a fee of five (5) of all credit card charges that they redeem

Except as otherwise provided in this agreement all passengers shall be treated in a polite professional courteous and businesslike manner at all times by both the Owners Group and the employees

If requested a properly signed receipt shall be furnished by the owner for all payments made by the driver (If requested said receipt shall show a breakdown of all payments made by the driver and the dates for which they apply) For the purposes of this clause a numbered computer receipt shall be deemed to be signed

The employees who own their own vehicles whether or not they own their own license shall have absolute choice as to where their vehicle is to be repaired andor maintained

No employee either full-time or part-time shall abuse or mistreat any vehicle or equipment (ie roof sign radios meters and aerials)

The Owners Group agrees to work with the Union to lobby the City of Ottawa to allocate stands where necessary and appropriate

The Company agrees to provide the Union with the rules covering the stands controlled by concession agreements

Collective Agreement ccCompanyraquo Page 36

bull

2808 Subject to the provision of adequate insurance coverage all car owners shall be free to place a second driver or a third driver on their vehicles should they require without interference from the Company

2809

2810

2811

2812

2813

2814

In the event the Company refuses an individual employment as a second driver or as a third driver the Company agrees that such refusal may be the subject of a grievance and the onus of proof shall rest with the Company to show just cause for such refusal

The parties agree that no vehicle will have more than three (3) drivers at any one (1) time

The Company shall take reasonable steps to maintain all current concession agreements for the duration of this agreement The Company shall take all reasonable steps to obtain additional concession agreements

The Company shall have a phone line separate from the dispatch office so that drivers business people friends of the office staff may call through middot without having to tie up the dispatchers time The separate phone line may be used by the dispatch office during non-business hours

Time-off without rental fees or loss of seniority will be given to those members of the bargaining unit who are called for jury duty Rental driver(s) must park their rental vehicle(s) at the Companys premises should the jury duty go beyond three (3) days

The Company shall maintain a drivers waiting area As well the Company shall allow the drivers to use the telephone in the office for local calls only pursuant to the current past practice

In the event of an assessment to the CompanyOwners Group by WSIB in relation to the provision of WSIB benefits for the Bargaining unit personnel the CompanyOwners group and the Union agree to renegotiate in good faith the rates set out in Article 2703 Where the parties fail to reach agreement on the issue the matter shall be referred to an arbitrator for full and final settlement

When a customer complaint is received by the dispatcher the latter will advise the customer that an authorized representative of the Company will handle the complaint in an expeditious manner Upon request by the Union the Company shall provide a copy of the computer printout and all other relevant information including but not limited to any taped conversation related to the complaint being investigated The privacy of the customer is paramount and will at all times be respected

Collective Agreement ccCompanybullbull Page 37

2901 (a)

(b)

ARriCLE 29 BEREAVEMENT LEAVE

The Members of the Owners Group agree to grant affected employee(s) the necessary time off of up to four (4) days without fees at the time of death of the following relative(s) of said employee(s) father mother spouse (includes common-law) child brother sister mother andor fathershyin-law

The Members of the Owners Group further agree to grant to affected employees two (2) days without fees at the time of death of the following relatives of the employee sister andor brother-in-law and grandparent

ARTICLE 30 SOCIAL JUSTICE FUND

3001 The Company shall pay to the Union an amount of eight hundred ($80000) dollars per collective agreement year with such amounts being made payable to the CAW Social Justice Fund Inc Said amounts shall be paid by separate cheque by the last day of February in each year of this collective agreement A tax receipt shall be supplied to the Company on receipt of said amount

ARTICLE 31 SAFETY BANQUET

3101 The Company agrees to contribute seven hundred and fifty dollars ($75000) to the Unions annual Safety Banquet in each year of the Collective Agreement

SIGNED THIS DAY OF APRIL 15 2012

FORTH~

~~

Collective Agreement laquoCompanyraquo Page38

Collective Agreement laquoCompanyraquo Page39

SCHEDULE 11 A 11 LIST OF THE OWNERS GROUP

Coventry Connections Inc

Collective Agreement ccCompanyraquo Page40

SCHEDULE nan EXISTING CUSTOMS RIGHTS AND PRIVILEGES

1 There shall be no charge for the receipt cards

2 There shall be no charge for credit card vouchers subject to suppliers (third party) availability and conditions Should the Company pursue a course of action leading to Point of Sale terminals which usage will include Debit transactions Decremental Cards and Credit Cards there would be a charge for paper usage

3 The drivers shall choose their own working hours during their shift

4 Reasonable accommodation shall be given to payment of outstanding debts for accident(s) The following minimum payments are required

A) Up to $1 00000 - $ 1 000 per day

B) Over $100000- $2000 per day

Agreed to on the understanding that this does not apply to spare cars

Collective Agreement laquoCompanyraquo Page 41

SCHEDULE C RULES AND REGULATIONS

1 The following articles of clothing are not acceptable forms of attire at OJS

(a) Sweat pants and shorts except for dress shorts Dress shorts will be allowed from April to Labour Day Drivers caught wearing inappropriate shorts will be given one (1) warning and any future occurrence with regards to inappropriate shorts will cause them to lose the right to wear dress shorts for the duration of that season Shorts can be no shorter than three (3) inches above the knees

(b) T-shirts (except Union decaled T-shirt) without lapels tank tops and muscle s1middot1irts

NB Clothing andor other attire with obscenities profanities or sexually degrading remarks are not acceptable Hair must be clean and neat Faces must be clean-shaven or beards neatly trimmed Clothing must be tear and rip free with no visible patches and is to be cleaned and ironed as required Socks must be worn at all times with all types of footwear except for sandals

2 Drivers must be courteous and pleasant at all times and must conduct themselves in a professional business-like manner

3 There is to be no abusive foul language or gestures directed at customers or the general public

4 Consumption of alcohol or drugs will not be tolerated prior to the commencement of a shift andor while driving

5 There wiil be no arguing and fighting among drivers or other DJs personnel under any circumstances

6 No playing of cards or any other games of chance is allowed at any time when working This includes any form of gambling or betting on the air

7 Profanity or abusive language on the air or in your vehicle is prohibited at all times

8 Use of cell phone during the conveyance of a customer(s) is prohibited

9 Each taxicab and driver shall carry at all times a current street guide Drivers are to make proper use of this guide to avoid unnecessary air time

Collective Agreement ccCompanyraquo Page42

10 Deliveries are to be taken directly to the destination Running other fares while occupied on deliveries will not be permitted unless approved by the dispatcher

11 No messages between drivers are permitted Drivers will receive messages to call home spouse office union office partner or garage

In addition When an authorized Union rep asks the dispatcher to have a member of the bargaining unit call them for union business only this will be allowed and if necessary a phone number will be given

12 Picking up a fare while on the way to an accepted dispatch call will not be permitted

13 Drivers must allow 5 minutes wait at the customers pick-up address

14 Drivers shall take reasonable steps to ensure that they pickup only those fares that they are dispatched to Drivers must check with dispatcher for authorization before taking another fare from same address

15 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical breakdown emergency or any other reason(s) not herein listed the dispatcher shall reshydispatch the fare and suspend the driver for one (1) hour

16 Interference or jamming of the radio is a Federal offence and will not be tolerated

17 When necessary drivers must assist customers with handling of baggage and opening and closing of doors

18 No complaining to customers about short fares or time calls A list of regular short fares will be established and such fares shall be dispatched as Locals

19 At customers request music radio and other sound systems except for the twoshyway radio must be turned off

20 Driver must issue a receipt card upon request by customer Drivers signature must be clearly marked in the appropriate place on the receipt card There is no charge for the issuance of a receipt card

21 No new driver is to commence work until he has been briefed by OJS staff in the operating of our charge account system

22 Some of the guidelines in the operation of our charge account system are as follows

Collective Agreement laquoCompanyraquo Page43

(a) All charges are to be signed with car number (eg-DJ70) and date clearly written

(b) If the fare goes to more than one destination these other destinations are to be clearly marked on the reverse side of the chit

(c) Taxi chits to be signed by the customer and dollar value to be clearly marked

(d) Gift certificates which currently have a maximum value of $500 each are to be accepted at face value and change given as required

(e) Drivers must note on back of chit the drop offpick up address if it is different from address shown on face of chit

Drivers are prohibited from buying other drivers charges whether they be DJS drivers or other cab Companys charges Violation of this rule shall result in the following fines

1st offence -2d offence bull 3rd and subsequent offences-

$5000 per chit $10000 per chit $20000 per chit

plus the face value of each chitCredit Card in all cases

The parties agree that the above penalties are specific penalties within the meaning of the Ontario Labour Relations Act An Arbitrator shall not have the power to alter or modify any penalty imposed under this clause

(f) Drivers must accept all major credit cards approved by OJS Taxi

(g) Drivers are responsible for ensuring that all necessary information is clearly marked on charge vouchers as follows

bull Customers name and signature bull Card number (correct number of digits) bull Expiry date bull Drivers signature and car number (eg-DJ70) bull Ensure proper copies of charges are submitted to the Company for

processing bull No hand written major credit card sales drafts will be accepted

23 All cars are to be cleaned inside and out by 1000 am every day with due regard given to road and weather conditions

Collective Agreement Page44

24 All drivers must ensure that they have change for $2000 at all times and will not be removed from the sheet while getting change provided they are not called

25 No taxicab driver shall charge a passenger for

(a) The cost of proceeding to an establishment for change or

(b) Waiting time while a passenger obtains the change provided the bill presented for payment is of $2000 denomination or less

26 No vehicle to be left unattended with keys in the ignition

27 No person(s) unless authorized by the Company shall accompany the driver in the vehicle while heshe is occupied with a paying fare

28 Taxis must not be left unattended on a OJS taxi concession stand for more than ten (1 0) minutes

29 Only au~horized drivers with valid licenses can operate a taxi-licensed vehicle

30 Roof sign must be removed from vehicle when not on duty or involved in an accident

31 ALL DRIVERS ARE ADVISED THAT IT IS AGAINST THE LAW AND OJS TAXI COMPANY LIMITED POLICY TO REFUSE DOG GUIDES IN THEIR CABS REFUSAL WILL RESULT IN FINES AND DISCIPLINARY ACTION BY THE COMPANY

1st offence - 1 week suspension 2nd offence - 2 weeks suspension

3rd offence - Dismissal No longer working under the OJS roof sign

Accommodating Persons with Disabilities

The Management of OJS Taxi wishes to advise all its employees drivers and others operating under the OJS Taxi roof sign of the OJS Taxi policy with respect to blind passengers whether or not they use dog guides

Under the Blind Persons Rights Act of Ontario no person may either deny any person services customarily available to the public or discriminate against any person with respect to services available to the public for the reason that they are a blind person accompanied by a dog guide

Under the Ontario Human Rights Code every person has a right to equal treatment with respect to the supply of services which includes taxi services

Collective Agreement laquoCompanyraquo Page45

bull

without discrimination because of among other things a disability A disability includes any physical impairment such as being blind visually impaired deaf or hard of hearing

Guide Dogs and Taxi Services Many disabled persons are physically dependent on guide animals in their daily activities Canadians who are blind or visually impaired deaf or hard of hearing or who have other types of disabilities such as epilepsy are dependent on guide animals

Accommodation of these individuals necessitates that they be permitted to take their guide animals with them into taxi cabs Refusing to allow them to do so will infringe on their human rights and is against the Blind Persons Rights Act of Ontario and the Ontario Human Rights Code

This notice will simply repeat what should be apparent to you all that if a blind person with or without a dog guide is refused services by any OJS Taxi driver such actions will result in fines to the driver and other disciplinary action including the possibility of suspension by the Management of DJs Taxi Co Ltd

For more information regarding guide animals please review the attached pamphlet and information sheet published by Dog Guides Canada

Any inquiries concerning this policy should be directed to any member of the Management who will if it is required explain the policy to you

32 Drivers are not allowed in the dispatch office

33 All parking tickets will be paid by the rental driver responsible

34 In order to boost with Company owned taxicabs employees must request an obtain instruction from the garage manager or his designee on the proper method of boosting in order to reduce any risk of injury to the driver passenger and damage to the vehicle(s)

In the event of misuse employees at their discretion may be either disciplined in accordance with the principle of progressive discipline or have the option of reimbursing the Company for the cost of damaged parts

35 Any driver operating a taxi while his drivers license or taxi license is under suspension will be disciplined unless the driver can obtain written proof from the Ontario Ministry of Transport andor the appropriate taxi licensing authority that the driver did not receive evidence that hisher license was suspended or cancelled

36 When necessary or requested all elderly andor disabled customers are to be assisted in and out of taxicab at all times

Collective Agreement laquoCompanyraquo Page 46

37 No stealing fares

38 Drivers are not allowed to book no loads and run the fare

39 Drivers cannot refuse dispatched fares subject to article 1304 andor where the driver believes his safety or health is at risk

40 Failure to come to voice after two (2) requests by the Dispatch Supervisor will result in the Driver being suspended in the computer

41 Dispatch staff will not make phone calls for drivers unless it is an emergency situation

42 There shall be no personalization of any fares or trips placed through the Dispatch System of OJS Taxi except for returns east of but not including the Civic Hospital within the same twenty-four (24) hour period Where a return-call has been prearranged through the Dispatch System prior to the initial call being dispatched then the return-call cannot be personalized

43 Drivers will pay monies owed to the company by 400pm on the day that they are due No driver with an outstanding balance will be allowed to book on the sheet until their account is paid in full to the business office This means credited to their account and a receipt issued

44 Dispatchers shall give the line-up every thirty- (30) minutes except for the months of December January and February On implementation of the Computerized Dispatch this clause will be eliminated

45 All deliveries shall be given out as regular calls except where provided in this agreement and all employees shall have the option to refuse to deliver alcohol When a dispatcher requests a driver to call him for information concerning a delivery the dispatcher will first give the delivery address over the radio to ensure the delivery is being dispatched correctly

46 When drivers book out of their cars to attend scheduled complaint meeting appointments they shall be allowed to remain in their spot on the line up queue passed by for fares and treated by the dispatch as if they are no longer on the sheet

When the affected driver returns to his car and books back in he shall be returned to his position in the line up queue and given his next rightful fare

The maximum time a driver shall be allowed to book out for a complaint meeting is one half-hour

Collective Agreement laquoCompanyraquo Page 47

This rule shall only apply if the affected driver does not incur any discipline as a result of the complaint meeting

47 All cabs at DJS Taxi must have a mike clip and the clip must be used Drivers must pick up their mike when communicating

48 Drivers using vans as taxicabs must have and make use of (when requested or required) a portable step to assist passengers in and out of their vehicles

49 All taxicabs must be free of any body damage and any damage must be repaired within ninety- (90) days

50 Roof signs must be kept in good working order and condition with Company approved logo clearly visible front and rear

51 In order to ensure equipment is compatible with computer dispatch system all new radio equipment must be approved by the Company prior to installation

Collective Agreement laquoCompanyraquo Page48

SCHEDULE D CREDIT CARD POLICY amp PROCEDURES

DRIVERS MUST ACCEPT ALL COMPANY APPROVED CHARGES CREDIT AND DEBIT CARDS

DRIVERS MUST HAVE A POINT OF SALE UNIT AND A MANUAL PRINTER PER CURRENT BYLAW CITY OF OTTAWA

Due to the increased use of fraudulent Credit Cards by customers in taxicabs the following procedures have been developed to protect drivers from falling victim to Credit card fraud When accepting Credit cards the following rules must be followed

Credit and Debit Cards- the following rules must be followed

AUTHORIZATION OF ALL DEBIT AND CREDIT CARDS

All Credit Card slips must be authorized regardless of amount Verification is generally done after the fare is completed but verification of an estimated or known amount can be done prior to the completion of the trip if

bull The destination is beyond the radio coverage area bull The driver has reason(s) to suspect the validity of the card

INFORMATION REQUIRED FOR ACCEPTANCE OF DEBIT ANDOR CREDIT CARD SLIP FOR PAYMENT The completed Credit Card slip must contain all the following information

(a) Vehicle Number (pre-printed on POS slip if not to be written by hand at the bottom of the slip)

(b) Drivers ID Number and Initials (c) Amount of fare and gratuity (if applicable) (d) Authorization number (Pre-printed on POS slip) (e) Date of the fare (Pre-printed on POS slip) (f) The Debit or Credit Card must be swiped at all times (in the event that the

receipt does not print imprinting Credit Card only on manual imprinter is acceptable with customers signature but the imprint of the card number has to be clear) In the case of a swiped transaction part of the card number will display per Credit and Debit Card industry rules

(g) Customers signature clearly written (Credit Card only) marked TRANSACTION COPY We will accept the CUSTOMER COPY as long as it has the customers signature Debit POS slips are to be submitted marked TRANSACTION COPY NO SIGNATURE IS REQUIRED

Collective Agreement laquoCompanyraquo Page49

DISPUTES BY A CUSTOMER

Should a debit or credit card slip be disputed by the customer their bank or other financial institution the company will investigate If such investigation proves fraud or error by the driver the driver will be charged back for the full amount of the charge

If the disputed transaction was processed on a non-company unit a $500 plus HST charge plus the value of the charge will be debited to the drivers account The Company will refund the customer for the value of the charge

Should a customer andor driver report that the charge has been approved more than once the Company will investigate The Company does not allow any refunds in the taxicab Drivers can void a transaction but this must be done before Batch Closing the transaction A Void can only be done in the presence of the customer as the card (debit or credit) must be present The driver can then re-swipe the card for the correct amount The Company publishes a toll free number for customers or drivers to call with any concerns about a transaction If a customer has been charged more than once for the incorrect amount the following procedures apply

Credit Card

The Company will verify that the customer was charged multiple times or has been over-charged and issue a refund as necessary The Company will send a copy to the customer upon request All refunds are processed on a Point of Sale unit or Virtual Merchant (on-line) The Company may contact the driver to determine the validity of the customers details

Debit Card

The Company will verify that the customer was charged multiple times or has been overcharged and issue a cheque refund as necessary The Company keeps a copy of the cheque issued

GENERAL INFORMATIONGUIDELINES

1 If the driver has overcharged the customer and has been paid the incorrect amount the Company will adjust the drivers account and provide a receipt The Company maintains a log in the even there is a dispute by the driver or the customer If the driver reports the overcharge that is logged on a Customer Incident Form which has a Control Number

2 Hand written Credit Cards will not be accepted All Credit Cards must be passed through a manual imprinter which clearly shows the full credit card number If the credit card number is not clear and cannot be authorized

Collective Agreement laquoCompany Page 50

the driver will face debitchargeback of the amount as it cannot be authorized

3 The only Credit Cards accepted by Taxitab a division of Coventry Connections Inc are

i Visa ii Mastercard iii American Express

Note Visa Mastercard and American Express all issue prepaid credit cards these are all accepted

4 Taxitab a Division of Coventry Connections accepts Debit Cards for Canadian Financial Institutions Debit Cards for foreign banks may not

work on the unit Visa Mastercard have commenced issuing Debit Cards these are all accepted These cards are clearly marked on the face of the card with the Visa and Mastercard logos

5 The following items are to be checkedverified by the driver upon presentation of a Credit Car (a to d) Debit Card (d only)

CHECK LIST

(a) Expiry Date Ensure the card is valid Check to be sure that the Card is not being used beyond the expiry date printed on the card If the card is expired refuse to accept it

(b) Altered Cards Check to see if the card has been noticeably altered in any way If it has been refuse to accept it

(c) Card holders name and signature Check that the signature on the Credit Card slip is the same name printed on the card At the same time check that the signature is the same as the signature on the rear of the card If there is no signature on the rear of the card ask the customer to sign it as you are required to check this

If in doubt ask to see some other form of identification (preferably one with a picture and signature) that ensures that the person using the card is who they say they are

(d) Amount of fare and gratuity (if applicable) The amount of the Debit or Credit card slip must be equal to the amount of the fare and the gratuity (where applicable) Each amount should be entered in their respective places and only by the customer unless otherwise directed In the case of a Debit Card customer must always enter their PIN number to

Collective Agreement ltbullCompany Page 51

authorize the card Drivers must remind customer that the TIP field comes first followed by the PIN number

(e) $150 Surcharge

Debit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated by the City of Ottawa By-Law The $150 charge is prompted by the point of sale unit automatically The Driver receives 65cent of the $150 for every transaction

Credit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated in the City of Ottawa By-Law The $150 charge is NOT prompted by the point of sale unit automatically The driver adds the $150 to the metered amount and enters this total in the base amount field

6 CAUTIONS

7

(a)

(b)

(c)

Bank Card only have the Bank name on the card

Credit Cards are identified by the VISA MASTERCARD AMERICAN EXPRESS OR DINERS CLUB-ENROUTE symbols Only Cards with these symbols will be accepted

Credit Cards will have a holographic image on the face of the card

CASH ADVANCES

The use of Credit Cards for cash advances in the taxicab is not permitted Credit Cards must only be used in the taxicab for paying for an actual fare Anyone using a Credit Card in a taxicab to obtain cash advance is most likely using a stolen or fraudulent card

8 OUT OF TOWN FARES

For the drivers protection it is suggested that for fares going out of town and the customer wishes to pay by Credit Card it is recommended that the driver authorize the fare at the beginning of the trip (dispatcher can give an estimated amount) If there is a difference process the difference at the end of the trip There is a pre-authorization feature available for Credit Card only on the Point of Sale unit The Company can activate this on driver request but the driver must be

Collective Agreement ccCompany)) Page 52

bull

9

given correct training for this There are several steps involved with pre-authorization that must be followed before batch closing

BATCH CLOSING

Drivers must close transaction in the terminals at the end of their shift Credit Card authorizations only remain in the terminal for five (5) days after that the processor closes them automatically Drivers must batch close all credit cards no later than four (4) days in order for the items to appear on the batch close report

Batch Close reports will print separately for Debit and Credit Cards and list the details of the transactions in the terminals showing the card type and the last four (4) digits of the card involved This Batch close cannot be reprinted drivers must hold on to them Attach the slips to the Batch Close and bring to the cashier The cashier will verify the attached slips are on the batch close and proceed to pay or credit the driver assuming all slips are authorized and complete (as discussed above under (1) Authorization Procedures)

The following circumstances regarding Batch Closes will apply

(i) Batch Close with All Debit and Signed Credit Card slips- Driver will be paid or credited at time of presentation at a cashiering station

(ii) Batch Close- No Debit Slips if the batch close shows a Debit Slip and the driver has misplaced or lost the slip the Driver will be paid or credited at the time of presentation at a cashiering station

(iii) Batch Close No Credit Card Slip- No Slip No Payment at time of cashiering (driver is to go to Driver Admin in this instance) If the driver has a signed manual slip and the last 4 numbers of the card match those on the batch close the slip will be accepted by the cashier

NO BATCH CLOSE REPORT -If a Driver has lost or misplaced Batch Close report the Driver is to go straight to Driver Admin (not cashiering) The Driver is to bring the receipts (if there is a credit card slip with no signature there is a separate procedure for this below) he has for which he has not batch close Driver Admin will initiate a Batch Close Incident Report which has a Control Number for future reference The Procedure is as follows

(i) Driver Admin to Photocopy all Slips and write the Control from the Batch Close Incident Form on the photocopy and date the sheet The

Collective Agreement ccCompanyraquo Page 53

bull

bull

Driver is to keep this in the event of a dispute or apparent nonshypayment in account

(ii) Driver Admin will complete the top copy of the report attach a copy of the slips The Driver will complete the bottom part of the report and sign it

(iii) Management will need 72 hours (three business days) from the date of Incident Report to investigate the transaction has been settled in the POS unit

(iv) Providing Management confirms the transaction is complete the slips will be credited to the Drivers account and a receipt will be printed A copy of the receipt is attached to the Batch Close Incident Report The Control from the Form is entered when the the amount is credited for reference A receipt can be printed at that time by cashier

(v) In the event that a driver does not have a Batch Close and presents a credit card slip with no signature the following will apply

(vi) If the Driver experiences a problem with the Batch Close or operation of the unit the Driver is to bring the unit to the office during normal hours Management will investigate the issue and call Driver to reshyissue the unit completing paperwork for the replacement unit which the driver will sign

Any driver attempting to defraud a customer by processing a debit or credit slip more than once will be terminated

Collective Agreement laquoCompany)) Page 54

bull

bull

SCHEDULE E STOLEN FARE POLICY

Whenever the Dispatch Supervisor receives a complaint that a fare either dispatched to the complainant or from within the same block of taxi standconcession on which the complainant is parked has been stolen and the identification of the accused is made known the Supervisor shall

(a) Bring the accused to voice and notify himher of the allegations

(b) Inform the complainant that a deposit of forty dollars ($4000) must accompany his accusation and to be deposited within one (1) hour of the complaint Where applicable inform the complainant that the accused wishes to challenge the allegations and the date and time of the hearing shall be known to both parties

(c) A failure of either party to attend the hearing will result in an additional fine of forty dollars ($4000) to be paid within sixty (60) minutes of the conclusion of the hearing or a suspension ob the absent party until payment is received

(d) Inform the accused of the available options

(i) Arrange for repayment of the fare in its entirety to a minimum of forty dollars ($4000) to the complainant a Union representative or the Company on behalf of the complainant within sixty (60) minutes or

(ii) If the allegation is being denied and the accused wishes to refute it forty dollars ($4000) must be deposited at the dispatch office within sixty (60) minutes with a notification to the Dispatch Supervisor that the allegation is being challenged

Where the accused fails to respond to two (2) voice messages or refuses to comply with (c) the accused shall have dispatch services suspended until in compliance or the Company receives instructions from a Union Representative to do otherwise

The penalty for a wrongful accusation is the payment of forty dollars ($4000) to the accused by the accuser in addition to the return of the accuseds deposited payment

It is understood and agreed that the action(s) of the Dispatch Supervisor(s) in the compliance of this Policy is not to be construed as a determination of who is the guilty party In all disputes regarding stolen fares the Committee shall make the final determination with respect to guilt

Collective Agreement laquoCompany Page 55

bull

bull

Note Such fare(s) will not be considered as Stolen Fare(s) if picked up by driver(s) arriving on the Concession(s)Taxi Stand(s) prior the driver(s) who accepted the dispatched fare(s)

Collective Agreement ((Company Page 56

bull bull

APPENDIX 1

PLATE CAR LESSEE IND START LESSEE START

1 1027 5027 ADAM GRANT 1 91111986 111987

2 1015 5015 TIMS VAUGHN 411995 411995

3 1043 5043 MARTON FERENC G 10251995 10251995

4 1050 5050 DUBOIS JOHN 12111994 311996

5 1048 5048 SUNIL JOSHI 1111994 711996

6 1030 5030 SLIM MOHAMED 711996 7111996

7 1041 5041 JAMALEDDINE ZAHER 911996 911996

8 1040 5040 MAHEUX FRANK 11151996 181997

9 1109 1 5109 ASTLEY JAMES 1011994 1131997

10 1045 5045 MELHEM SAMIR 1211996 9211997

11 1028 5028 LABINE ANTHONY 10151980 11281997

12 1054 5054 ELmiddotNEMER NEMER 11131997 21271998

13 1113 5113 WEAGANT BROCK C 82211988 3131998

i

14 1039 5039 SOBH HAC HEM 11171997 5111998

15 1044 1 5044 MOUFARREJ RAYMOND 10241996 1161998

16 1042 5042 MCCONVILLE BILL 311992 11111998

17 1107 5107 GIANNAKOS LOUIS I 9111997 491999

18 1026 5026 VERMA LALIT 51261996 5311999

19 1033 5033 MITCHELL BRUCE 111987 9301999

i

20 1108 5108 PAPPAS CHRISTINE 121111991 1041999

rmiddot 1014 5014 NYTRA BEDRICH 961996 3302000

22 1000 5000 ABOUmiddotARRAG SAM I 611997 7132000

23 1038 5038 MUNROE JOHN 1111977 492001

24 1022 5022 RADULESCU GELU 611999 5232002

25 1139 5139 HASSOUN I MOUFID 71211999 8152002

26 1006 5006 SADER I GHASSAN 6211999 292004

27 1029 5029 CLAYTON GREG 911980 21132004

Collective Agreement ccCompany Page 57

bull

28 1034 5034 IBRAHIM 12301995 4302004

29 1037 5037 ABDALLA HASSAN I 3312000 2202006

30 1010 5010 HASSOUN AD NAN 8272001 312006

31 1031 MASSOUD 1241998 312006

32 1 1o35 5035 JANCO 911992 362006

1 33 1036 5036 SINGH BALWANT 92211999 3172006

Collective Agreement ltltCompanyraquo Page 58

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 9: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

809 Union representatives or stewards shall be entitled to book off the dispatch system and leave their work during working hours in order to carry out Union business as they may be advised by the Union

ARTICLE 9 DISCIPLINE AND DISCHARGE

901 No employee shall be disciplined or discharged without just cause

902 The Company andor Owners Group shall provide the Driver and the Union with written notice(s) of any discipline taken against a driver of the bargaining unit within thirty (30) business days of the incident giving rise to the discipline except for creditdebit card andor taxi chit fraud which shall be within sixty (60) business days of the incident giving rise to the discipline or the penalty will be null and void and further except where if the driver has been charged with a criminal offence and this comes to the attention of the Owners Group within six (6) months of the incident

903

904

905

(a)

By mutual agreement of the parties a minimum of one day per week shall be scheduled for the purpose of investigating complaints or allegations which may result in discipline to a driver A shop steward or Union representative shall be in attendance Notwithstanding the foregoing the Company or the Owners Group may initiate an investigation at any time if either deems the issue to be of a serious nature Should the investigation involve an interview of a driver the driver shall be entitled to Union representation

A driver is a probationary driver until he has worked for three (3) months under the DJs roof sign During this probationary period the driver would be working on a trial basis and be disciplined up to and including discharged at the sole discretion of the Company provided that the Companys decision is not arbitrary discriminatory or in bad faith as per Article 1 0 of this Agreement

Discipline shall be applied middotuniformly and disciplinary measures shall be appropriate to their cause(s) and subject to the principle of progressive discipline middot

The Owners Group agrees not to enforce Municipal Provincial or Federal Laws unless related to vehicle or public safety or to customer service

A grievance concerning a discharge of an employee shall commence at Step 2 of the grievance procedure within six (6) working days of the event

Such grievance may be settled by Confirming the action of the member of the Owners Group or

Collective Agreement ccCompanyraquo Page7

906

907

908

(b)

(c)

(d)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

Reinstating the employee with no loss of seniority andor with compensation as may be determined by the parties or

By any other arrangement which may be deemed just and equitable or

By proceeding to Arbitration in accordance with Article 25

No person shall have their dispatch services curtailed or suspended without just cause In the administration of this clause drivers shall complete the shift except

Where they or their vehicle is a danger to the public

Where they have not fulfilled their monetary obligations to the Owners Group or the Union

Or where their vehicles are required for garage service

When the taxi is dirty either inside or outside or both (car wash)

When the taxi driver has stolen a fare

When the taxi driver is not properly dressed

When the driver is intoxicated andor on illegal drugs

Employees shall have the right to have Union representation in meetings with the Company relating to discharge or discipline of that employee If a Union representative is unavailable for a scheduled meeting between the Company and that employee the meeting will not go ahead as planned

Disciplinary actions and adverse reports of an employee shall remain on said employees file for a period of one (1) year from the date of the offence No disciplinary proceedings against that employee shall be used after one (1) year except for disciplinary records involving sexual harassment assaults or refusal of a Guide Animals which shall remain on file for four (4) years from the date of the discipline

The Company is prepared however to review all driver files and have discussions with the Union with respect to those drivers who have had repeated problems

909 Employee(s) under suspension shall not pay any cab-rental or stand rent commencing on the fourth (4th) day of suspension and shall not pay plate rent commencing the beginning of the fourth (4th) week of suspension A

Collective Agreement laquoCompanyraquo PageS

suspended employee shall not be entitled to operate on any Company taxi stand while under suspension

ARTICLE 10 NON-DISCRIMINATION

1001 The Owners Group shall not discriminate against employees with respect to terms and conditions of employment on any of the prohibited grounds named in the Ontario Human Rights Code or on the grounds of union activity

1002 There shall be equal opportunities regardless of sex in all facets of the Company and the Owners Group business governed by this agreement

1003 No employee shall be required to retire on the grounds of age

ARTICLE 11 STRIKES LOCKOUTS PICKET LINES AND LABOUR DISPUTES

11 01 There shall be no strikes or lockouts so long as t~1is agreement continues to operate The word strike and the word lockout shall be defined in accordance with the definitions set out in the OLRA 1995 as amended

1102 Employees in the bargaining unit shall have the right to refuse to cross a picket line andor refuse to handle struck work in connection with a labour dispute

11 03 Failure to cross a picket line or handle struck work shall not be considered grounds for disciplinary action or otherwise be a violation of this agreement

1201

(a)

ARTICLE 12 DISPATCH

The Company shall supply maintain and operate a computerized dispatch system to provide fair and equal distribution of all calls trips or parcels received by the Company Computers in vehicles shall be serviced and maintained in working condition by the Company as the need arises

1202 The Company shall ensure that all requests for taxicab service are dispatched through the dispatch system of the Company and shall only be dispatched to licensed taxicabs in an equitable manner as determined by the terms of this agreement

Collective Agreement ccCompanyraquo Page9

1203 The Company agrees that the geographic locations of the stands which shall include backup stands shall be outlined in APPENDIX 1 and attached to this agreement Modifications can be made from time to time with the written approval of the parties

1204 The Company agrees that the current phone number (613) 829-9900 shall be used offered andor advertised for the dispatch of taxicabs operating under the Companys roof sign The Company further agrees that the telephone number (613) 829-9011 shall continue to be used for the dispatch of taxicabs operating under the DJs Taxi roof sign The parties agree that this latter telephone number shall not be advertised for DJs Taxi Co Ltd middot

1205 middot1n cases of abuse of the cheater switch the Union agrees that computer records of call-backs shall be prima facie proof of the abuse alleged by the Company Nothing herein shall be construed to condone or permit the use of the cheater switch Violations of this sub-article shall be considered grounds for discipline

1206 All requests for non-metered taxi service or other special taxi services shall be distributed in a fair and just manner

1207 Dispatchers phone staff and supervisors shall not dispatch any call or trip to any driver or on behalf of any driver by means of a pager or other similar communications device including but not limited to telephones with the exception of Para Transpo runs which shall be distributed in accordance with Appendix 3

1208 The Company shall ensure that there is no preferential treatment to any individual in respect of taxi dispatch services

1209 The Company shall employ a sufficient number of trained staff to serve the business in an efficient and expeditious manner

1210 When the Company dispatches a fare to an address that is different from the stated address of the caller the Company shall pay twenty dollars ($2000) to the driver dispatched

1211 The Company shall ensure that no derogatory remarks andor profane language is directed by the dispatchers and phone staff to drivers and vice versa The Company shall ensure that dispatchers and phone staff perform their duties in a polite businesslike and courteous manner at all times

1212 When a cancellation is received through the computerized dispatch system within the lead time of the Zone of the original call being placed

Collective Agreement laquoCompany)) Page 10

and the telephone number given at the time of the cancellation matches the telephone number given at the time of the request for the taxicab andor when a vehicle is dispatched to a non-existent address that is confirmed by the dispatch Supervisor the vehicle sent to that address would be placed in the first available position in the priority queue (given a No load)

bull No Load Priority Cancellation Local Incomplete Address

1213 In the event of a failure or malfunction of the computerized dispatch system the Company agrees that after a maximum of ten (10) minutes the addresses of the calls waiting will be made known to the drivers by voice In the event the server(s) is down for longer than twenty (20) minutes the Company must credit every driver in the bargaining unit an equal amount using the following formula five hundred dollars ($50000) divided by the total number of drivers in the bargaining unit to a maximum of two (2) crashes per month The Company will be entitled to two (2) downtime occurrences per month for upgrading and maintaining dispatching software and call centre hardware The Company agrees to notify the Union of the time and date of any organized shutdown The Company shall use its best efforts to have the shutdown during non-peak hours

1214 The Company agrees that dispatchers shall co-operate in every way possible to aid an employee who reports himself in danger The dispatcher shall not assess for himself the degree of urgency in any distress call and shall utilize nearby taxicabs andor police to provide aid

1215 (a) Time Calls

Time calls are prearranged calls Pre-arranged fares going to the Airport Train or Bus Station or downtown will also be considered a time call Time calls will be dispatched fifteen (15) minutes prior to the requested time to the first car booked on the corresponding stand

Out of town fares are calls reserved at least one ( 1) hour prior to the requested time It must have an estimated destination exceeding 100 kms or be on the middotflat rate sheet These fares will be dispatched forty-five (45) minutes prior to the requested time

The dispatcher may increase lead-time for time calls or out of town calls if weather traffic road conditions or the distance to locations warrant it

Collective Agreement ccCompanyn Page 11

(b) No information will be given out by the dispatch staff concerning fares coming into the Company office except for requests concerning the number of time calls to be dispatched between the next time period of 330 am - 630 am Dispatchers shall upon request inform the driver of the number of time calls to be dispatched during the next time period of 330 am - 630 am Dispatchers shall not give out any information with reference to the location of any time calls

1216 It is agreed that any concessiontaxi stand fares must be dispatched to drivers booked on the sub zones If no drivers are booked on the sub zone the fare will be dispatched as a regular fare If no drivers are booked on the zone the fare will be displayed on the main zone only as a fare waiting

1217 Attributed Call

These are calls where a special circumstance is made known to the Callshytaker and drivers are not forced to accept

Attributed calls shall include calls originating from the following locations or where the special circumstance indicated is made known to the phone staff

1 Bars -(except those listed as Messages) 2 Parcels 3 Wheel Chairs 4 Animals -(except guide animals) 5 Bicycles 6 Moving Jobs 7 Station WagonsNans 8 Boosts 9 No-Van Calls

Calls originating from the following addresses will be sent out as messages however should there be a Call-back for any of these addresses the Call-back shall be dispatched as a Local to the first car booked on the appropriate Zone

(a) OConnorsAMC Theatres (Kanata Centrum)

(b) Vox LoungeCock amp Bull (Bells Corners) (c) Park n Rides

(i) Baseline Station (ii) Fallowfield Station

(d) Grace OMalleys (Merivale and Capillano)

Collective Agreement ccCompanyu Page 12

1218

(e) (f) (g) (h) (i) (j)

Sergeants Pump (Merivale Rd) Coliseum Theatres Bayshore Transit Eagleson Transit Station Kanata Town Center Terry Fox Transit Station

For the purpose of article 1224 the following hours are considered peak periods

(i) During the months of November December January and February Mon - Fri 700 AM - 500 PM Thurs - Sat 500 PM - 300 AM New Years Eve 500PM-500AM New Years Day

(ii) During the months of March April and October Mon - Fri 700 AM - 300 PM Fri amp Sat 11 00 PM - 200 AM

(iii) For Canada Day 400 PM - 200 AM for

Christmas Day New Years Day (except as outlined above) Good Friday Easter Monday and Thanksgiving Day are exempt from the above

1219 Fares originating in the City of Ottawa and any other points west of Ottawa including Richmond Ontario shall be dispatched to the first taxicab appropriately booked on the corresponding stand

1220 Weather permitting there should never be a call back from customers due to the late arrival of a cab All fares accepted must be serviced without delay All stands will have a maximum response time limit of fifteen (15) minutes Phone personnel will tell customers that the cab will arrive within 10-15 minutes please be ready

Should the Company receive a Call-Back after the lead-time of a dispatched fare discipline shall be applicable to the affected driver(s) as follows

(a) 1st Offence First written warning and a fine of $2000 will be imposed and collected by way of the drivers account

(b) 2nd Offence Second written warning and a fine of $3000 will be imposed and collected by way of the drivers account

(c) 3rd Offence- Third written warning and a fine of $5000 will be imposed and collected by way of the drivers account

Collective Agreement ((Companyraquo Page 13

(d) 41h Offence- A final written warning and fine of $7500 will be imposed

and collected by way of the drivers account

(e) 5th Offence- Dismissal

Monies collected shall be used to appease dissatisfied customers and to advertise the DJs business

1221 Locals I Freebies

1222

1223

1224

a) b) (c)

These are calls that are dispatched to the first car booked in a Zone (Stand) and the driver accepting said call has a maximum of thirty 30) minutes to complete the call and rebook on the same stand the call was dispatched from in order to be placed in the first available position in the priority queue

Locals shall include calls originating from the following locations

Major shopping centres Groceries A list consisting of a maximum of five 5) addresses

When being dispatched on the Computerized Dispatch System Fare Waiting shall mask all calls or trips for the duration of this Agreement

No calls trips or parcels shall be dispatched on voice except where provided in this Agreement

In recognition of the fact that the Company operates a multi-fleet dispatch operation the Company and the Union agree that the staffing levels of the dispatch operation to service the DJs fleet shall always be no less than one (1) call taker and no more than middotfive 5) call takers One (1) call taker shall always have priority to respond to DJs calls with the balance of the call takers having secondary priority on a cascading basis To address any problems arising from dispatch issues the parties agree to establish a Dispatch Committee of equal representation to meet at mutually agreeable time frame upon request of either party within fifteen (15) days of notice being given by either side Issues may include but not restricted to hardware software or manpowerstaffing The Parties agree to address any such issue in an expeditious and fiscally responsible fashion

When the DJs fleet reaches one hundred and thirty (130) taxi cabs the Company shall add a second call taker having priority to respond to DJs calls but only during peak periods When the DJs fleet reaches one

Collective Agreement laquoCompanyraquo Page 14

hundred and sixty (160) the Company shall increase the number of call takers to two (2) having priority to respond to DJs calls at all times

1225 A list of persons and addresses owing money to drivers for fares not paid shall be compiled by the Company and kept in the dispatch office at all times No requests for taxicabs or specialty services excluding school and contract runs shall be dispatched to these persons andor addresses until the monies owing are paid

1226 Dispatchers phone staff and supervisors shall not remove falsify alter any request for taxicab service placed with DJs taxi dispatch service

1227 The Company shall ensure that dispatchers phone staff or supervisors shall not accept money or other forms of favour or inducements from any person where the objective of such payment is the granting of preferential treatment to any individual in respect of dispatch services

1228 When a call back is received after the lead time of the call in question the dispatch supervisor will send two 2) voice messages at least one (1) minute apart for the driver to come to voice If the driver fails to respond the call will be re-entered as a local call and if said driver is booked into the system heshe will be suspended until there is a response Drivers failing to go on or being late on their calls will be further disciplined in accordance with progressive discipline

1229 The Company shall discipline any driver who assigns a dispatched fare to another driver

1230 (a) The discipline or discharge of a driver who has completed hisher probationary period shall be grievable in accordance with Article 24 of this Agreement The Company agrees that it shall apply the principle of progressive discipline However the Company reserves the right not to apply the principle of progressive discipline for certain offences based on their severity

(b) The Company shall discipline any driver as follows for the specific offences listed below

i) Assigns or redirects a dispatched fare to another driver operating under the OJS roof sign as follows

a) 1st offence- 1 shift b) 2nd offence- 2 shifts c) 3rd offence - 3 shifts

Collective Agreement laquoCompanyraquo Page 15

(ii) Cancels a fare already inputted into the Ziptrack Dispatch System as follows

(a) 1st offence- 1 shift (b) 2nd offence - 2 shifts (c) 3rd offence- 3 shifts

(iii) Telephones the Ziptrack Dispatch System with an illegitimate call as follows

(a)

(b)

(c)

1st offence - 2 shifts and $2500 to the affected driver pajable by the offending driver 2n offence - 4 shifts and $2500 to the affected driver payable by the offending driver 3rd offence - termination of employment

(iv) Assigns or redirects a dispatched fare to another driver operating under another roof sign as follows

(a) 1st offence- termination of employment

For purposes of this provision one (1) shift is a period of twelve (12) consecutive hours for a twelve (12) hour driver and twenty-four (24) consecutive hours for a twenty-four (24) hour driver

1231 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical break down emergency or any other reason(s) not herein listed the dispatcher shall re-dispatch the fare and suspend the driver for one (1) hour

1232 Definitions

Accessible call means a valid request for an accessible taxicab by a person with a wheel chair or is otherwise defined by any statute or regulation thereof

Accessible Driver means a driver who is qualified to drive an accessible taxicab under the applicable By-laws of the City of Ottawa

Accessible Plate means a licence for an accessible taxicab that is issued to a person who has qualified to hold an accessible licence under the applicable By-laws of the City of Ottawa

Collective Agreement laquoCompanyraquo Page 16

middotAccessible Taxicab is a taxicab which is designed to accommodate one or more individuals who require the use of a wheelchair without the need to transfer the individual from the wheelchair which vehicles are otherwise subject to federal and provincial legislation applicable to the transport of Physically Challenged Persons and in respect of which an accessible plate has been issued

Attribute means in respect of a vehicle the association with that taxicab in the Ziptrack dispatch software system of a special feature (or restriction) for that vehicle required for specific types of fares

Call means a request for taxi service received by Ziptrack by a telephone call to the DJs Taxi number 829-9900

Cover or Covered as applicable to a fare means there-dispatch of a previously accepted fare at the request of the accepting driver for valid reason (mechanical breakdown accident or other emergency) in accordance with normal dispatch procedures

Taxi Stand means a space on private property for taxicabs operating under the DJs Taxi roof sign specified under an agreement between Coventry Connections Inc or Ziptrack Inc or a space specifically designated as a taxi stand from time to time on a public street or other public space by the City of Ottawa

Accessible Vehicle Dispatch

(a) It is agreed that calls placed through the dispatch system for an accessible taxicab shall be dispatched only to accessible taxis defined by the dispatch system as an Attribute Where there are no accessible taxicabs booked into the dispatch system and available to accept a call such call shall be displayed as being available on the fare broadcast screen

(b) An accessible taxicab may be dispatched as a standard sedan taxicab at anytime that it is not dispatched on an accessible fare An accessible taxicab shall not be given priority for any type of fare other than an accessible fare An accessible taxicab shall be booked off all zones when any fare is accepted or rejected

(c) The driver of an accessible taxicab is not authorized to reject an accessible fare if he is booked on the dispatch system or is in a queue at a taxi stand or company concession Failure to accept an accessible fare shall be deemed a rejection of an accessible fare and shall be subject to discipline

Collective Agreement ccCompany Page 17

1301

1302

1303

1304

(d) In the event that a driver of an accessible taxicab who has accepted an accessible fare requests to be covered and where such request is granted the driver shall be booked off the dispatch system for a minimum of one (1) hour or until the fare is covered

(e) The driver of an accessible taxicab that rejects or is deemed to have rejected an accessible fare under paragraph (c) above shall be booked off the dispatch system until one ( 1) hour after the accessible fare has been accepted and or service (the record of which not withstanding sub-Article 908 of the Collective Agreement shall be kept for five (5) years

(f) All accessible calls shall be masked by ACCESSIBLE FARE WAITING

(a)

(b)

(c)

(d)

(e)

ARTICLE 13 EMPLOYEES DUTIES

All employees shall perform their duties in a business like professional and courteous manner and shall not use abusive language on the air to customers or to Owners Group Staff

All employees shall be neatly dressed well groomed neat and clean in personal appearance

All employees shall give a receipt on the authorized form of the Owners Group showing the date car number and drivers name when requested to do so by the passenger or whenever there is a dispute over the fare

Subject to the above and except when he has a previous engagement ttle employee shall serve the first person requiring the service of his taxicab except when the prospective passenger

Is disorderly or abusive or poses a health or safety risk In cases of disputes involving intoxication andor health and safety risk and while the well being of the driver is of paramount importance extreme caution and sound discretion must be exercised prior to any refusal At all times the nature of the business that being a service Industry must be borne in mind so each and every situation must be measured on its own merit by the driver

Is in possession of an animal other than a Guide Animal or

Refuses to state his final destination upon entering the taxicab or

Has not paid a previous fare or

Refuses to pay in advance for flat rate out of town trip(s) or

Collective Agreement laquoCompanyraquo Page 18

(f)

1305

1306

1307

1308

1309

(a)

(b)

(c)

Has called two (2) cab companies for the same fare

In the event a driver discovers a lost object in the taxicab he shall immediately advise the dispatch supervisor of his findings with a description of the object an approximate idea of who might have left said object along with the pick-up and drop-off addresses of the customer if possible

Within twenty-four (24) hours of an objects discovery the driver shall take said object to the nearest Ottawa police station or to the Ziptrack Inc dispatch office at no cost or when directed to do so within the above mentioned twenty four (24) hours A receipt for said object will be issued if requested

Subject to Article 1305 should the customer wish the immediate return of the lost object the dispatcher shall notify the customer of the approximate metered cost of return from the location of the driver at that time and the employee shall return the object immediately to the customer at the standard metered rate

No employee shall be forced to violate a Municipal Provincial or Federal Law or regulation in the performance of ~1is duties

The Company shall provide the drivers with a list of all current flat rates Upon any changes to said list a new list shall be issued within thirty (30) days following such changes

No person(s) who will be driving under the DJs roof sign except for rehires who have been absent for less than three (3) years shall be hired or permitted to commence employment until

Heshe has successfully passed the test which the Company shall devise and administer with regard to the operation and knowledge of the taxi related Industry Said test shall include but not be limited to the knowledge of the Ottawa-Carleton area but with an emphasis on the areas directly affected by this collective agreement

Orientation by the Operations Manager or his designee on the DJs Taxi charge system

Heshe has been given a six (6) hour in-car training session This session will comprise of accompanying the prospective employee for a period of six (6) hours to learn the stands customer relations specific to DJs Taxi two-way radio booking practices and a general familiarization with the DJs environment The cost associated with this in-car training session shall be

Collective Agreement ccCompanyraquo Page 19

$10000 and said cost shall be borne by the prospective employee Failure to pass any portion of this test shall result in a fourteen (14) day waiting period before the applicant will be allowed to re-do the portion(s) of this sub-article which heshe has failed The cost associated with re-doing a) or c) will be $5000 while re-doing both would be $10000

During this waiting period the applicant will not be allowed to operate under the DJs roof sign No person operating a taxicab under the DJs roof sign will be assigned any duties associated with this sub-article

Tests are given on the first and third Mondays of each month on a first come-middotfirst serve basis by appointment Failure to attend for a scheduled date and or time will result in the forfeiture of the appointment and a new date will be booked on a first available basis only

ARTICLE 14 TECHNOLOGICAL CHANGE

1401 Technological Change means but is not limited to the introduction of changes to the present systems the introduction by the Company of additional radio channels computerized dispatching systems or any other mechanical electrical or other system including but not limited to fuel systems at no cost to the drivers

1402 In the event of any technological change the Company shall notify the Union in writing at least ninety (90) days before the introduction of such changes unless prior discussions with the Union have occurred

1501

1502

1)

2)

3)

ARTICLE 15 SENIORITY

Seniority shall be applied in determining layoffs preference for time off and recall from lay off as set out in other provisions of this agreement

Prior to being offered employment an individual shall be required to present to the Member of the Owners Group and the Company all relevant documentation namely

Valid Ontario or Quebec Provincial drivers license with a current provincial driving record with no more than six (6) demerit points at such time and if applicable has been pardoned for any prior conviction for impaired driving

Applicable Taxi Drivers License

Original copy of a Motor vehicle drivers abstract no older than twentyshyeight (28) days

Collective Agreement laquoCompanyraquo Page 20

4) Letter from previous or present insurer (where possible)

5) Work permit if applicable

6) Proof of Union membership

7) Social Insurance Numbercard or verification from appropriate federal government department of such number

8) A clear Police Criminal Record check no older than twenty-eight (28) days

9) Training as set forth in 1309

The above requirements do not apply to a driver who changes status or moves between Members of the Owners Group or Single Plate Owner or Single Plate Lessee provided the driver does not go more than thirty (30) calendar days without being registered on a taxicab except by reason of a proven medical illness Requirement 9 above does not apply to a driver who had previously driven under the DJs Taxi roof sign within the previous twelve (12) months Nevertheless each driver is required to register such changes with the Company To facilitate the drivers ability to register such changes the Company office shall be open from 830 am to 200pm daily except Saturday Sunday and Statutory Holidays

1503 The Owners Group shall recall laid off employees in the reverse order of lay-off

1504 A driver injured or ill should notify the Company and the Union within two (2) weeks of his absence and should arrange to provide a detailed mediqal certificate as evidence of injury or illness and an estimated time of return signed by a doctor in order to preserve his seniority Only an employee returning from an absence of eighteen (18) months or less due to injury or illness shall be returned to his previous vehicle provided that said vehicle is still working as a taxicab if it is not he shall be returned to another vehicle on the same shift he had prior to his injury or illness

A driver replacing another driver who is on sick leave shall be notified of his status by the Owners Group and the Owners Group shall notify the Union of all details

An employee returning within 30 days from an absence due to injury or illness shall be returned to his previous vehicle provided said vehicle is still working as a taxicab and if it is not heshe shall be returned to another vehicle

Collective Agreement laquoCompanyraquo Page 21

1505

(a)

(b)

(c)

(d)

An employee returning to work after thirty (30) days but less than eighteen (18) months from the commencement of hisher injury or illness shall be returned to work displacing the most junior driver driving with the individual member of the Owners Group

Clarity Note (i) A twelve (12) hour driver returning from illnessinjury shall be returned to a twelve (12) hour shift car by replacing the most junior driver driving Should the most junior driver be driving a twenty-four (24) hour car heshe would then be offered the shift remaining after the returning driver has chosen

Clarity Note (ii) A twenty four (24) hour driver returning from illnessinjury would replace the most junior driver and assume hisher shift

Clarity Note (iii) Returning employees shall be given the first available car corresponding to their previous shift

An employee shall lose seniority and as such will cease to be an employee upon

Voluntarily quitting or resigning

Being discharged for just cause and not having been reinstated through the grievance or arbitration procedure

Failing to rent an available vehicle when duly notified of same while on layshyoff except or for certified medical reasons

Being laid off being without a valid work permit or being without a valid Provincial drivers license or appropriate Municipal taxi drivers license for a length of time equal to that employees seniority or twelve (12) months whichever is less

ARTICLE 16 COMMITIEES

1601 A UnionManagement committee shall be appointed consisting of up to three (3) representatives from the Union and up to three (3) representatives from the Company This committee shall meet every six (6) months for the purpose of discussing matters of mutual concern

1602 A safety committee consisting of at least two (2) representatives of the Union and two (2) representatives of the Owners Group shall meet at a mutually agreeable time frame upon the request of either party within thirty (30) days for the purpose of discussing matters of mutual concern Minutes will be kept of each meeting

Collective Agreement laquoCompany Page22

1603 A rules committee consisting of up to three (3) representatives of the union and of up to three (3) representatives of the owners group shall meet at a mutually agreeable time frame upon the request of either party within thirty (30) days for the purpose of negotiating changes to existing rules and for discussing any new rules prior to their implementation

1604 To address advertising the parties agree to establish an Advertising Committee of equal representation to meet at mutually agreeable times upon request of either party within fifteen (15) days of notice being given by either side The Committee shall be responsible for a budget of $2625000 over the term of this collective agreement which sum shall be spent to advertise and promote the DJs business

The parties must agree when and how the advertising will be allocated However the parties agree that advertising would include

bull Flyers bull Newspaper Ads bull Promotional Items (eg fridge magnets) bull Radio

ARTICLE 17 SAFETY AND HEALTH

1701 It is understood and agreed that driver safety is important to the individual employee and to the industry as a whole The Owners Group and employees agree to exercise their rights and to fulfil their obligations in accordance with this understanding The Owners Group will continue to encourage and welcome safety recommendations for the safety and health of drivers during their working hours

1702 The employer shall supply only safe and roadworthy vehicles and the equipment contained therein and the vehicles themselves shall be maintained in good working order Each rental vehicle shall meet the mechanical fitness standards as defined in Provincial legislation

1703 The Company agrees to pay the premiums to an insurer chosen by the Company to provide term life insurance coverage in the amount of ten thousand dollars ($1000000) for all employees provided that the affected employee has a minimum of one (1) year seniority under the DJs Taxi roof sign and is actively working on the day he attains this one ( 1) year seniority

All claims and payments shall be in accordance with the terms of the master policy of the insurer and the Company shall not be liable for any

Collective Agreement laquoCompanyraquo Page 23 middot

bull

non payment by the Insurer This insurance coverage will not be provided to any driver who is 65 years or older at any time during this agreement

The Company shall aid in collecting monies by allowing a cash donation box to be set up at their office for driver(s) involved in serious accidents The Company shall not be responsible for said box

1704 The Company shall supply a safety shield for the company owned rental vehicle when requested by that driver

All rental drivers who request a shield must continue to operate on a vehicle that is equipped with a safety shield so long as said driver is operating under the DJs roof sign provided one (1) is available Company rental drivers working with a shield shall have the option of refusing to operate any spare rental vehicle not equipped with a safety shield However once a driver accepts a spare rental vehicle not equipped with a shield he will be deemed to have given up his right to exercise this option on the same shift

ARTICLE 18 WORK WEEK

1801 The Owners Group agrees that the employees shall determine their work week subject to the provisions of this agreement

1802 The Owners Group agrees that the work week shall be based on seven (7) days

1803 Rental drivers shall pay their weekly rental over six (6) days and have the use of the vehicle for seven (7) days

1804 Stand rents for car owners shall be calculated weekly paid monthly or weekly at the discretion of the employee but limited to one change in the payment structure per calendar year Any reduction is to be calculated on a weekly basis and there shall be no reduction given for anything less than seven (7) consecutive days off except where provided in this agreement

1805 Shifts shall be mutually agreed upon by the partners on the vehicle and in case of dispute shifts shall commence at 400am and 400pm The change-over location shall be mutually agreed to by the partners on the vehicle and in case of dispute change over shall be at the Companys office

ARTICLE 19 STATUTORY HOLIDAYS

Collective Agreement laquoCompanyraquo Page 24

1901 (a)

(b)

All rental drivers (12 amp 24 hours) of the Owners Group shall be entitled to the following days off provided that they have worked more than three (3) consecutive months under the Companys roof sign

All single plate owners (SPO) and single plate lessees (SPL) shall be entitled to the following days off provided that they have completed three (3) months of service under the Companys roof sign and they shall not be charged plate rent or stand rent for said statutory holidays

Employees meeting the criteria outlined in (a) and (b) above shall be given credit for said days whether they choose to work or not Credits for statutory holidays shall be given at the time that payment is made for the period covering the day of the holiday

New Years Day Family Day Good Friday

Victoria Day Canada Day Labour Day

ARTICLE 20 TIME OFF

Thanksgiving Day Christmas Day Boxing Day

2001 All rental drivers (12 amp 24 hours) shall be entitled to four (4) weeks annual time-off

All single plate lessees (SPL) shall be entitled to five (5) weeks annual time-off for which they shall not be charged stand rent for time-off taken During said time-off heshe shall not be charged plate rent for the first four (4) weeks

All single plate owners (SPO) shall be entitled to seven (7) weeks annual time-off During this period they shall not be charged stand rent

SPOs and SPLs outlined above will be granted their requested time-off entitlement provided they have no balance owing and provided that a minimum of one (1) week written notice is given to the individual Member of the Owners Group (MOG) and the Company and provided further that said drivers have a minimum of one (1) completed year of uninterrupted service under the Companys roof sign

In cases of accidents and major breakdowns involving SPO and SPL no notice period will be required for time-off and credits for such time-off will be based on daily increments

Where a SPOor a SPL has used all hisher allotted time off and said SPO or SPL has an accident or major breakdown heshe will be given up to a maximum of ten (1 0) additional days of time off and during said time

Collective Agreement laquoCompanygtbull Page 25

heshe shall not be charged any stand rent subject to proof of inoperability of the vehicle being provided

In the case of SPOs and SPLs extended time-off will be allowed for overseas trips All rents must be paid in advance to cover the time off for the extension

Explanation Car owners time off is only when the car is off the road If the SPO or SPL puts a driver on the car it is not considered part of this time off

2002 Single plate owners and single plate lessees will be responsible for arranging for time off for their drivers

2003 Time off may be taken weekly or bi-weekly at the employees discretion Provided further where the employee has taken a minimum of one (1) week heshe may take additional days) of less than weekly increments) in conjunction with the one 1) week

2004 Time off must be taken during the calendar year and cannot be accumulated over more than one calendar (1 year

2005 The MOG SPL and SPO agree that roof signs taxi plates and all other items (computer equipment will remain with the Company during the employees time-off and in the case of rental drivers the rental vehicle will be returned to the vehicle owner

ARTICLE 21 INSURANCE

21 01 Every car owner has the right to obtain insurance from the broker or Company of their choice without interference from the Owners Group

2102 The Owners Group shall upon written request from an employee who is presently insured by a member of the Owners Group provide written details of claim settlements and accident records

2103 The Company shall provide at no extra cost motor vehicle insurance coverage with collision provision deductible not exceeding $75000 or the cost of repair whichever is less for each at fault accident

21 04 The Company shall provide at no extra cost comprehensive coverage with zero deductible including but not limited to middotfire and theft It is agreed and understood that comprehensive coverage does not cover driver owned equipment

Collective Agreement Page26

21 05 The Company shall provide accident benefit coverage as set out in the OAP 1 of the Ontario Automobile Insurance Act and shall abide by the guidelines and statutory conditions as set out by the Insurance Company with whom the Company is insured

2106 With respect to Articles 2103 2104 and 2106 above which applies to accessible shift vehicles only) the Companys obligation is to provide insurance coverage only Any determination of whether a driver is entitled to insurance benefits andor whether a claim shall be paid or denied in any given situation shall be the sole and exclusive responsibility of the Insurance Company

2107 A driver who is insured through the Company shall provide the Company with a Motor Vehicle Drivers Abstract one month before the annual renewal of the Companys insurance policy A driver shall provide additional Motor Vehicle Drivers Abstracts as requested by the Insurer

21 08 The Companys insurer may judge a driver to be a high risk and may assess a surcharge accordingly A driver who is found tomiddot be a higher risk will bear the cost of any such surcharge

21 09 A driver insured by the Companys insurer who is involved in an accident shall regardless of whether he or she was at fault notify the dispatcher immediately The driver shall indicate whether the accident should be reported to the police and whether the customer or driver require medical attention Following notification of the dispatcher the driver shall remove the roof sign from the vehicle and record to the best of his or her ability all relevant information The driver shall bring the relevant information to the office within 24 hours of the incident excluding weekends and holidays)

2110 Drivers are responsible for the replacement of all lost or stolen antennae andor roof signs

2111 The Company shall pay the full El payments for all rental drivers In the event of an increase in the premiums during the life of this Collective Agreement drivers shall pay the drivers share of the increase

2112 All drivers who are insured through the Company obtained insurance must sign the Companys insurance agreement prior to commencing work The Company shall provide insurance agreements with no more than a $75000 deductible to be paid after the accident The amount shall be paid at the rate of $1000 per shift until fully paid

Collective Agreement ((Companyraquo Page27

ARTICLE 22 TAXI PLATE SALES

2201 1 Members of the Owners Group shall be able to sell plate(s) in the following manner

2202

(a) A notice of its intent to sell plate(s) shall be posted and announced over the dispatch system for a period of three (3) days and shall be offered to the lessees and rental drivers in the bargaining unit

(b) Where there is more than one interested applicant the plate(s) shall be offered based on seniority and plates sold shall be the plate of the most junior lesseedriver

Where the sale will result in the layoff of a driver that driver shall be recalled prior to any new hires by all Members of the Owners Group

2 Where there are no applicants the Member of the Owners Group will sell the last leased plate at their discretion Any driver laid off shall be recalled prior to any new hires by all members of the Owners Group

3 Sale of More Than One Plate at One Time

4

5

The Owners Group has the right to sell to whomever they choose provided that no one is displaced

In the event that the most junior lessee is displaced as a result of the sale of the plate the Company agrees to pay to the displaced lessee no more than fifty-five thousand dollars ($5500000) in the first year of this Agreement and according to the succession plan as outlined in article 23 for the following years of this Agreement This would apply only if the said lessee has complied with the succession plan as per article 23

An individual Member of the Owners Group shall not require any of his drivers to give up their rights under this Agreement and work under another roof sign without the drivers written consent given before a Notary Public for Ontario The Union shall be supplied with copies of the consents

In the case where a Member of the Owners Group is leasing a taxi plate and the Member of the Owners Group has a car under this plate and this vehicle is then rented out on a 12 or 24 hour rental this article then does not apply The Owners Group cannot be held responsible for any damage or compensation that may arise from the actions taken by the 3rd party

Collective Agreement laquoCompanyraquo Page28

2301

2302

2303

1

2

3

4

ARTICLE 23 SUCCESSION AND TAXI PLATE LEASES

Definition

The process by which the lessee of a Company-owned taxi license plate having determined that heshe wishes to retire andor otherwise terminate hisher relationship with the Company and having officially notified in writing both the Union and the Company of hisher intention to do so offers the opportunity to hisher driver to be the lessees successor all in accordance with the conditions sot out in this Article

In order to be eligible to offer a lease for succession the lessee must have been a party to a valid taxi plate Leasing Agreement with the Company for a minimum of one (1) year and have two (2) years of continuous uninterrupted service operating a taxi vehicle under the Companys roof sign The lessee must also be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

In order to qualify as a successor the driver must be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

An offer for succession shall follow the following order

No offer for succession can be made until the day after the final version of the seniority list as outlined in Appendix 2 has been agreed upon and signed-off by the Parties

The lessee must notify the Company and the Union in writing of hisher intention to exercise the option of succession and the projected date of the succession

The taxi plate lease shall be offered to the lessees current driver (if any) who shall have thirty (30) days to reject or accept the succession

If the offer is rejected or thirty (30) days have passed since the offer was made the taxi plate lease shall be offered to the drivers who are not single plate lessees (SPL) or a single plate owner (SPO) on the seniority list who shall have thirty (30) days to reject or accept the succession

Collective Agreement ltltCompanygtgt Page29

5

6

2304

2305

2306

2307

2308

2309

The most senior driver on the seniority list (who is not a single plate lessee-SPL or single plate owner-S PO) who accepts the succession shall be the successful incumbent lessee

In the event that no driver accepts the succession the lessee may ask that his request for succession be held in abeyance until such time as an incumbent lessee is found or may retire andor otherwise terminate hisher relationship with the Company at the time of hisher choosing In the event that the lessee retires andor terminates hisher employment relationship the taxi plate shall be returned to the Company and assigned to the next senior eligible driver as per the Companys past practice

The succession shall be valued at no more and no less than fifty-five thousand dollars ($5500000) except as modified as per sub-Article 2308 The driver (incumbent lessee) shall pay to the lessee the full value of the succession fee within sixty (60) days of the date of acceptance of the offer Once the driver has paid the succession fee the driver becomes a single plate lessee for the purposes of this Collective Agreement and will assume all rights duties responsibilities and obligations of a single plate lessee as set out in this Collective Agreement

The Parties agree that any monies or other considerations paid to a lessee at any time other than the time set out in sub-Article 2304 above shall not be counted towards the succession fee

The amount of $300000 (plus HST if applicable) shall be paid to the Company as a consulting fee by the incumbent lessee no later than the day before the day the incumbent lessee becomes a single plate lessee for the purposes of this Collective Agreement

Any lessee who exercises the succession option voluntarily terminates hisher employment with the Company and loses all seniority A driver who wishes to subsequently be rehired by the Company as a driver shall be placed at the bottom of the seniority list The driver will be eligible to become a lessee two (2) years from the date of hisher rehiring

The amount set out in sub-Article 2304 shall be increased annually on the date of the plate and stand rent increases set out in Article 27 of this Collective Agreement The annual increase shall be the same as the average of the percentage increase in the plate rent and the stand rent for that year

In the event of the death of a lessee and provided the lessee is up to date with all payments to the Company and has no outstanding amounts owing to the Company whatsoever the lessees estate shall have up to six (6) months from the date of death to exercise the option of succession

Collective Agreement laquoCompanybullbull Page 30

2310

2311

(a)

(b)

(c)

2312

Leasing agreements must be entered into provided they do not conflict with the terms of this Agreement

Without limiting the generality of 2310 in any way whatsoever a leasing agreement shall contain the following provisions

The lease shall terminate automatically for failure to fuHill any term of the lease including but not limited to failure by the lessee to fulfill any financial obligation or failure by the lessee to obtain replacement insurance in the event of cancellation of insurance

The lessee shall be the principal driver of the taxi vehicle which is attached to the taxi license plate

This Collective Agreement between the parties shall be the entire agreement and there shall be no other fee condition or other obligation except those set out in the Collective Agreement

All leased plates shall remain as such and shall not be converted to rental vehicles for the duration of this Agreement provided there are persons willing to leased said plates

ARTICLE 24 GRIEVANCE PROCEDURE

2401 A grievance shall include any issue regarding the interpretation administration application or alleged violation of this agreement It is the mutual desire of the parties that complaints of the drivers be adjusted as quickly as possible To that end the parties have adopted the following grievance procedure

STEP 1 A driver may bring his complaint to the Supervisor of the Members of the Owners Group If the driver does bring his complaint to the Supervisor he must do so within twenty (20) days of the incident or of he having knowledge of this incident giving rise to the complaint Where the complaint is brought forward it must be given to the Supervisor and the Supervisor shall reply within two (2) working days

STEP 2 Failing settlement of the complaint at Step 1 or where the driver has chosen not to avail himself of Step 1 the driver must file the grievance in writing within twenty (20) days of the incident or omiddotf he having knowledge of this incident giving rise to the grievance The grievance must be referred to the Member of the Owners Group claimed to be responsible andor any other person designated by the Member of the Owners Group Grievances shall be dealt with at the Step 2 meeting which shall be scheduled on the 3rd Wednesday of every month This monthly Step 2

Collective Agreement ccCompanyraquo Page 31

meeting shall be one meeting held at the Companys office Where the grievance involves the discharge of a driver the parties agree to meet within ten (1 0) working days of the filing of the grievance A representative of the Union shall be present at all step 2 meetings The Member of the Owners Group must respond within three (3) working days of the meeting

2402 Should a group grievance or a Union or policy grievance develop it shall be filed at Step 2 within twenty-five (25) days of the incident giving rise to the grievance or of the drivers or Union having knowledge of this incident

2403 Failing settlement under the above the matter in dispute may be taken to arbitration in accordance with article 26

2404 Drivers employed by single plate owners and single plate lessees may not grieve matters or disputes arising between the driver and the single plate owner or single plate lessee A committee shall be set up and made up of equal numbers of Uniondriver and Company personnel to assist in resolving disputes between the drivers and single plate owner and single plate lessee The committee shall have the power to determine a procedure to be followed as well as to determine fault and penalties

ARTICLE 25 ARBIrRATION

2501 After exhausting the provisions of the grievance procedure either of the parties may submit a grievance to arbitration either expedited or formal in writing within thirty (30) days of the Step 2 reply or if there is no reply within thirty (30) days after the expiration of the time limits to provide a reply

2502 Unless otherwise mutually agreed by the parties all grievances referred to arbitration not relating to an indefinite suspension a discharge or any separation of employment or to the interpretation of the collective agreement group grievances and policy grievances shall be referred to the expedited process

Grievances referred to arbitration in respect of indefinite suspensions discharge or separation of employment for any reason or to the interpretation of the collective agreement and group grievances may only be referred to this expedited process by the mutual agreement of the parties

2503 Within fourteen (14) days after notice has been given that the grievance will proceed to formal arbitration the parties shall meet and agree on a single arbitrator If the parties cannot agree on an arbitrator within this time limit either party may request the Minister of Labour to appoint an

Collective Agreement laquoCompanyraquo Page32

arbitrator and this appointment shall be binding on both parties In respect of the cost of arbitration of formal grievances the parties shall share equally the fee and expenses of the sole arbitrator

2504 The formal arbitrator shall have the right to exercise all the powers provided by the Labour Relations Act as amended from time to time

2505 The Arbitrator must hand down a written decision within sixty (60) days of the date of the hearing

2506 As an alternative to the formal arbitration process set out in the foregoing paragraphs a grievance may be referred to a previously agreed-upon person who shall hear the grievance and who shall at the conclusion of the hearing give a decision immediately Such decisions may not be used to alter modify or amend any part of the collective agreement and are made without precedent or prejudice to similar or like cases Such a decision shall be final and binding upon both parties and no further action may be taken on that grievance by any means whatsoever

2507 To maintain the efficiency of this expedited process the parties shall schedule a minimum of one (1) day of arbitration every three- (3) months except in those circumstances where either party deems it necessary to schedule the arbitrator more frequently

2508 The parties shall share equally the fee and expenses of the persons selected to hear the expedited arbitration cases

2509 At all expedited arbitration hearings the Company or Member of the Owners Group shall be represented by a member of their management and the Union shall be represented by a Union staff representative or an officersteward of the Local Union

2510 The Union shall forward to the representative of the Member of the Owners Group a list of the expedited grievances to be heard on the day or days scheduled for the hearing of grievances according to the expedited arbitration procedure The aforementioned list shall be forwarded to the representative of the Member of the Owners Group no later than ten (10) working days in advance of the hearing unless otherwise mutually agreed

2511 By exception a party may call one (1) witness at an expedited arbitration

2512 Prior to proceeding to formal or expedited arbitration and at least thirty (30) days prior to the date of arbitration the parties may upon mutually agreement request that any grievance be referred to a mediator to act as a grievance mediation officer for the purpose of attempting to

Collective Agreement laquoCompanyraquo Page33

mediate a settlement of the grievance The parties shall share equally the fee and expenses of this officer

ARTICLE 26 TAXI PACKAGE

2601 The employer shall provide to the rental driver at no extra cost motor vehicle insurance with a collision provision deductible not exceeding $50000 for each accident at fault

The Owners Group shall also provide to the rental driver at no extra cost comprehensive coverage with zero (0) deductible including but not limited to fire and theft It is agreed and understood that comprehensive coverage does not cover driver added equipment

2602 Each rental driver shall be supplied for a daily twelve (12) or twenty-four (24) hour period at no extra cost a roadworthy safe sedan four (4) door taxicab with proper weather resistant tires for all seasons and with a seating capacity for not less than four (4) passengers containing

2701

2702

2703

1 A roof sign 2 A sealed taxi meter 3 A two-way radio 4 A full size spare tire subject to space limitations 5 A tire tool 6 A jack 7 A mike clip 8 A full tank of gas at start date 9 Air conditioning on replacement vehicle where possible 10 An electric rear window defroster or blower

Any equipment owned by the Owners Group that becomes inoperative shall be repaired as soon as possible

ARTICLE 27 RENTAL CHARGES AND TERMS OF AGREEMENT

This agreement shall take effect upon ratification and be binding on both parties for three (3) years and shall continue for annual periods of one year each unless either party gives at least one hundred and twenty (120) days notice that it wishes to amend this agreement

It is agreed and understood that this agreement will remain in full force and effect until amended by negotiations

Rates shall be as follows

Collective Agreement laquoCompanyn Page 34

712011 712012 712013

Stand Rent (monthly) $43900 $45000 $45900

Plate Rent (monthly) $71926 $75000 $75960

Daily Car Rental 24 hr Regular Plated $9700 $9700 $9700

24 hr Accessible Plated $10500 $10500 $10500 12 hr Regular Plated $6700 $ 6700 $6700

12 hr Accessible Plated middot $8300 $8300 $8300

Credit Card Transaction 50 50 50

Debit Card (per) Transaction $065 $065 $065 (To the Driver)

POS Rental Fee (monthly) $800 $800 $800

POS Insurance (monthly) $300 $300 $300

Note The above rates do not include HST

Note For purposes of car rental rates the weekly rents shall be six (6) times the daily rent

Note It is recommended that drivers use Company supplied POS machines and systems

2704 Employees shall pay all monies owed to the Company in the following manner Monthly By the 5th business day of the month

2705 Any employee failing to pay monies by the above dates and times shall be suspended and not reinstated until the monies are paid in full and credited to their account

2706 Employees shall be entitled to pay their rents to the company by company approved charges cash and cheque - provided the employee has at least one (1) year of seniority

Employee(s) who have one (1) cheque returned NSF shall be suspended immediately upon the company receiving notification from the

Collective Agreement ((Company Page35

bank shall lose such privilege for twelve (12) months and shall be charged the appropriate charges

ARriCLE 28 GENERAL

2801 The Company and drivers shall maintain its internal company charge system and accept major credit cards which currently include Visa Mastercard American Express and Diners Cluben Route as approved by the Company

2802

2803

2804

2805

2806

2807

This system shall continue for the duration of this Agreement so long as external factors outside the Companys control do not prevent the Company from doing so Drivers shall be entitled to cash their charges provided they do not have any outstanding balances at the offices of the Company during the hours of 0830am to 400pm Monday to Friday except holidays The Company shall make available to the employees during normal business office hours receipt cards and credit card slips All credit card charges must be authorized

Drivers shall pay a fee of five (5) of all credit card charges that they redeem

Except as otherwise provided in this agreement all passengers shall be treated in a polite professional courteous and businesslike manner at all times by both the Owners Group and the employees

If requested a properly signed receipt shall be furnished by the owner for all payments made by the driver (If requested said receipt shall show a breakdown of all payments made by the driver and the dates for which they apply) For the purposes of this clause a numbered computer receipt shall be deemed to be signed

The employees who own their own vehicles whether or not they own their own license shall have absolute choice as to where their vehicle is to be repaired andor maintained

No employee either full-time or part-time shall abuse or mistreat any vehicle or equipment (ie roof sign radios meters and aerials)

The Owners Group agrees to work with the Union to lobby the City of Ottawa to allocate stands where necessary and appropriate

The Company agrees to provide the Union with the rules covering the stands controlled by concession agreements

Collective Agreement ccCompanyraquo Page 36

bull

2808 Subject to the provision of adequate insurance coverage all car owners shall be free to place a second driver or a third driver on their vehicles should they require without interference from the Company

2809

2810

2811

2812

2813

2814

In the event the Company refuses an individual employment as a second driver or as a third driver the Company agrees that such refusal may be the subject of a grievance and the onus of proof shall rest with the Company to show just cause for such refusal

The parties agree that no vehicle will have more than three (3) drivers at any one (1) time

The Company shall take reasonable steps to maintain all current concession agreements for the duration of this agreement The Company shall take all reasonable steps to obtain additional concession agreements

The Company shall have a phone line separate from the dispatch office so that drivers business people friends of the office staff may call through middot without having to tie up the dispatchers time The separate phone line may be used by the dispatch office during non-business hours

Time-off without rental fees or loss of seniority will be given to those members of the bargaining unit who are called for jury duty Rental driver(s) must park their rental vehicle(s) at the Companys premises should the jury duty go beyond three (3) days

The Company shall maintain a drivers waiting area As well the Company shall allow the drivers to use the telephone in the office for local calls only pursuant to the current past practice

In the event of an assessment to the CompanyOwners Group by WSIB in relation to the provision of WSIB benefits for the Bargaining unit personnel the CompanyOwners group and the Union agree to renegotiate in good faith the rates set out in Article 2703 Where the parties fail to reach agreement on the issue the matter shall be referred to an arbitrator for full and final settlement

When a customer complaint is received by the dispatcher the latter will advise the customer that an authorized representative of the Company will handle the complaint in an expeditious manner Upon request by the Union the Company shall provide a copy of the computer printout and all other relevant information including but not limited to any taped conversation related to the complaint being investigated The privacy of the customer is paramount and will at all times be respected

Collective Agreement ccCompanybullbull Page 37

2901 (a)

(b)

ARriCLE 29 BEREAVEMENT LEAVE

The Members of the Owners Group agree to grant affected employee(s) the necessary time off of up to four (4) days without fees at the time of death of the following relative(s) of said employee(s) father mother spouse (includes common-law) child brother sister mother andor fathershyin-law

The Members of the Owners Group further agree to grant to affected employees two (2) days without fees at the time of death of the following relatives of the employee sister andor brother-in-law and grandparent

ARTICLE 30 SOCIAL JUSTICE FUND

3001 The Company shall pay to the Union an amount of eight hundred ($80000) dollars per collective agreement year with such amounts being made payable to the CAW Social Justice Fund Inc Said amounts shall be paid by separate cheque by the last day of February in each year of this collective agreement A tax receipt shall be supplied to the Company on receipt of said amount

ARTICLE 31 SAFETY BANQUET

3101 The Company agrees to contribute seven hundred and fifty dollars ($75000) to the Unions annual Safety Banquet in each year of the Collective Agreement

SIGNED THIS DAY OF APRIL 15 2012

FORTH~

~~

Collective Agreement laquoCompanyraquo Page38

Collective Agreement laquoCompanyraquo Page39

SCHEDULE 11 A 11 LIST OF THE OWNERS GROUP

Coventry Connections Inc

Collective Agreement ccCompanyraquo Page40

SCHEDULE nan EXISTING CUSTOMS RIGHTS AND PRIVILEGES

1 There shall be no charge for the receipt cards

2 There shall be no charge for credit card vouchers subject to suppliers (third party) availability and conditions Should the Company pursue a course of action leading to Point of Sale terminals which usage will include Debit transactions Decremental Cards and Credit Cards there would be a charge for paper usage

3 The drivers shall choose their own working hours during their shift

4 Reasonable accommodation shall be given to payment of outstanding debts for accident(s) The following minimum payments are required

A) Up to $1 00000 - $ 1 000 per day

B) Over $100000- $2000 per day

Agreed to on the understanding that this does not apply to spare cars

Collective Agreement laquoCompanyraquo Page 41

SCHEDULE C RULES AND REGULATIONS

1 The following articles of clothing are not acceptable forms of attire at OJS

(a) Sweat pants and shorts except for dress shorts Dress shorts will be allowed from April to Labour Day Drivers caught wearing inappropriate shorts will be given one (1) warning and any future occurrence with regards to inappropriate shorts will cause them to lose the right to wear dress shorts for the duration of that season Shorts can be no shorter than three (3) inches above the knees

(b) T-shirts (except Union decaled T-shirt) without lapels tank tops and muscle s1middot1irts

NB Clothing andor other attire with obscenities profanities or sexually degrading remarks are not acceptable Hair must be clean and neat Faces must be clean-shaven or beards neatly trimmed Clothing must be tear and rip free with no visible patches and is to be cleaned and ironed as required Socks must be worn at all times with all types of footwear except for sandals

2 Drivers must be courteous and pleasant at all times and must conduct themselves in a professional business-like manner

3 There is to be no abusive foul language or gestures directed at customers or the general public

4 Consumption of alcohol or drugs will not be tolerated prior to the commencement of a shift andor while driving

5 There wiil be no arguing and fighting among drivers or other DJs personnel under any circumstances

6 No playing of cards or any other games of chance is allowed at any time when working This includes any form of gambling or betting on the air

7 Profanity or abusive language on the air or in your vehicle is prohibited at all times

8 Use of cell phone during the conveyance of a customer(s) is prohibited

9 Each taxicab and driver shall carry at all times a current street guide Drivers are to make proper use of this guide to avoid unnecessary air time

Collective Agreement ccCompanyraquo Page42

10 Deliveries are to be taken directly to the destination Running other fares while occupied on deliveries will not be permitted unless approved by the dispatcher

11 No messages between drivers are permitted Drivers will receive messages to call home spouse office union office partner or garage

In addition When an authorized Union rep asks the dispatcher to have a member of the bargaining unit call them for union business only this will be allowed and if necessary a phone number will be given

12 Picking up a fare while on the way to an accepted dispatch call will not be permitted

13 Drivers must allow 5 minutes wait at the customers pick-up address

14 Drivers shall take reasonable steps to ensure that they pickup only those fares that they are dispatched to Drivers must check with dispatcher for authorization before taking another fare from same address

15 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical breakdown emergency or any other reason(s) not herein listed the dispatcher shall reshydispatch the fare and suspend the driver for one (1) hour

16 Interference or jamming of the radio is a Federal offence and will not be tolerated

17 When necessary drivers must assist customers with handling of baggage and opening and closing of doors

18 No complaining to customers about short fares or time calls A list of regular short fares will be established and such fares shall be dispatched as Locals

19 At customers request music radio and other sound systems except for the twoshyway radio must be turned off

20 Driver must issue a receipt card upon request by customer Drivers signature must be clearly marked in the appropriate place on the receipt card There is no charge for the issuance of a receipt card

21 No new driver is to commence work until he has been briefed by OJS staff in the operating of our charge account system

22 Some of the guidelines in the operation of our charge account system are as follows

Collective Agreement laquoCompanyraquo Page43

(a) All charges are to be signed with car number (eg-DJ70) and date clearly written

(b) If the fare goes to more than one destination these other destinations are to be clearly marked on the reverse side of the chit

(c) Taxi chits to be signed by the customer and dollar value to be clearly marked

(d) Gift certificates which currently have a maximum value of $500 each are to be accepted at face value and change given as required

(e) Drivers must note on back of chit the drop offpick up address if it is different from address shown on face of chit

Drivers are prohibited from buying other drivers charges whether they be DJS drivers or other cab Companys charges Violation of this rule shall result in the following fines

1st offence -2d offence bull 3rd and subsequent offences-

$5000 per chit $10000 per chit $20000 per chit

plus the face value of each chitCredit Card in all cases

The parties agree that the above penalties are specific penalties within the meaning of the Ontario Labour Relations Act An Arbitrator shall not have the power to alter or modify any penalty imposed under this clause

(f) Drivers must accept all major credit cards approved by OJS Taxi

(g) Drivers are responsible for ensuring that all necessary information is clearly marked on charge vouchers as follows

bull Customers name and signature bull Card number (correct number of digits) bull Expiry date bull Drivers signature and car number (eg-DJ70) bull Ensure proper copies of charges are submitted to the Company for

processing bull No hand written major credit card sales drafts will be accepted

23 All cars are to be cleaned inside and out by 1000 am every day with due regard given to road and weather conditions

Collective Agreement Page44

24 All drivers must ensure that they have change for $2000 at all times and will not be removed from the sheet while getting change provided they are not called

25 No taxicab driver shall charge a passenger for

(a) The cost of proceeding to an establishment for change or

(b) Waiting time while a passenger obtains the change provided the bill presented for payment is of $2000 denomination or less

26 No vehicle to be left unattended with keys in the ignition

27 No person(s) unless authorized by the Company shall accompany the driver in the vehicle while heshe is occupied with a paying fare

28 Taxis must not be left unattended on a OJS taxi concession stand for more than ten (1 0) minutes

29 Only au~horized drivers with valid licenses can operate a taxi-licensed vehicle

30 Roof sign must be removed from vehicle when not on duty or involved in an accident

31 ALL DRIVERS ARE ADVISED THAT IT IS AGAINST THE LAW AND OJS TAXI COMPANY LIMITED POLICY TO REFUSE DOG GUIDES IN THEIR CABS REFUSAL WILL RESULT IN FINES AND DISCIPLINARY ACTION BY THE COMPANY

1st offence - 1 week suspension 2nd offence - 2 weeks suspension

3rd offence - Dismissal No longer working under the OJS roof sign

Accommodating Persons with Disabilities

The Management of OJS Taxi wishes to advise all its employees drivers and others operating under the OJS Taxi roof sign of the OJS Taxi policy with respect to blind passengers whether or not they use dog guides

Under the Blind Persons Rights Act of Ontario no person may either deny any person services customarily available to the public or discriminate against any person with respect to services available to the public for the reason that they are a blind person accompanied by a dog guide

Under the Ontario Human Rights Code every person has a right to equal treatment with respect to the supply of services which includes taxi services

Collective Agreement laquoCompanyraquo Page45

bull

without discrimination because of among other things a disability A disability includes any physical impairment such as being blind visually impaired deaf or hard of hearing

Guide Dogs and Taxi Services Many disabled persons are physically dependent on guide animals in their daily activities Canadians who are blind or visually impaired deaf or hard of hearing or who have other types of disabilities such as epilepsy are dependent on guide animals

Accommodation of these individuals necessitates that they be permitted to take their guide animals with them into taxi cabs Refusing to allow them to do so will infringe on their human rights and is against the Blind Persons Rights Act of Ontario and the Ontario Human Rights Code

This notice will simply repeat what should be apparent to you all that if a blind person with or without a dog guide is refused services by any OJS Taxi driver such actions will result in fines to the driver and other disciplinary action including the possibility of suspension by the Management of DJs Taxi Co Ltd

For more information regarding guide animals please review the attached pamphlet and information sheet published by Dog Guides Canada

Any inquiries concerning this policy should be directed to any member of the Management who will if it is required explain the policy to you

32 Drivers are not allowed in the dispatch office

33 All parking tickets will be paid by the rental driver responsible

34 In order to boost with Company owned taxicabs employees must request an obtain instruction from the garage manager or his designee on the proper method of boosting in order to reduce any risk of injury to the driver passenger and damage to the vehicle(s)

In the event of misuse employees at their discretion may be either disciplined in accordance with the principle of progressive discipline or have the option of reimbursing the Company for the cost of damaged parts

35 Any driver operating a taxi while his drivers license or taxi license is under suspension will be disciplined unless the driver can obtain written proof from the Ontario Ministry of Transport andor the appropriate taxi licensing authority that the driver did not receive evidence that hisher license was suspended or cancelled

36 When necessary or requested all elderly andor disabled customers are to be assisted in and out of taxicab at all times

Collective Agreement laquoCompanyraquo Page 46

37 No stealing fares

38 Drivers are not allowed to book no loads and run the fare

39 Drivers cannot refuse dispatched fares subject to article 1304 andor where the driver believes his safety or health is at risk

40 Failure to come to voice after two (2) requests by the Dispatch Supervisor will result in the Driver being suspended in the computer

41 Dispatch staff will not make phone calls for drivers unless it is an emergency situation

42 There shall be no personalization of any fares or trips placed through the Dispatch System of OJS Taxi except for returns east of but not including the Civic Hospital within the same twenty-four (24) hour period Where a return-call has been prearranged through the Dispatch System prior to the initial call being dispatched then the return-call cannot be personalized

43 Drivers will pay monies owed to the company by 400pm on the day that they are due No driver with an outstanding balance will be allowed to book on the sheet until their account is paid in full to the business office This means credited to their account and a receipt issued

44 Dispatchers shall give the line-up every thirty- (30) minutes except for the months of December January and February On implementation of the Computerized Dispatch this clause will be eliminated

45 All deliveries shall be given out as regular calls except where provided in this agreement and all employees shall have the option to refuse to deliver alcohol When a dispatcher requests a driver to call him for information concerning a delivery the dispatcher will first give the delivery address over the radio to ensure the delivery is being dispatched correctly

46 When drivers book out of their cars to attend scheduled complaint meeting appointments they shall be allowed to remain in their spot on the line up queue passed by for fares and treated by the dispatch as if they are no longer on the sheet

When the affected driver returns to his car and books back in he shall be returned to his position in the line up queue and given his next rightful fare

The maximum time a driver shall be allowed to book out for a complaint meeting is one half-hour

Collective Agreement laquoCompanyraquo Page 47

This rule shall only apply if the affected driver does not incur any discipline as a result of the complaint meeting

47 All cabs at DJS Taxi must have a mike clip and the clip must be used Drivers must pick up their mike when communicating

48 Drivers using vans as taxicabs must have and make use of (when requested or required) a portable step to assist passengers in and out of their vehicles

49 All taxicabs must be free of any body damage and any damage must be repaired within ninety- (90) days

50 Roof signs must be kept in good working order and condition with Company approved logo clearly visible front and rear

51 In order to ensure equipment is compatible with computer dispatch system all new radio equipment must be approved by the Company prior to installation

Collective Agreement laquoCompanyraquo Page48

SCHEDULE D CREDIT CARD POLICY amp PROCEDURES

DRIVERS MUST ACCEPT ALL COMPANY APPROVED CHARGES CREDIT AND DEBIT CARDS

DRIVERS MUST HAVE A POINT OF SALE UNIT AND A MANUAL PRINTER PER CURRENT BYLAW CITY OF OTTAWA

Due to the increased use of fraudulent Credit Cards by customers in taxicabs the following procedures have been developed to protect drivers from falling victim to Credit card fraud When accepting Credit cards the following rules must be followed

Credit and Debit Cards- the following rules must be followed

AUTHORIZATION OF ALL DEBIT AND CREDIT CARDS

All Credit Card slips must be authorized regardless of amount Verification is generally done after the fare is completed but verification of an estimated or known amount can be done prior to the completion of the trip if

bull The destination is beyond the radio coverage area bull The driver has reason(s) to suspect the validity of the card

INFORMATION REQUIRED FOR ACCEPTANCE OF DEBIT ANDOR CREDIT CARD SLIP FOR PAYMENT The completed Credit Card slip must contain all the following information

(a) Vehicle Number (pre-printed on POS slip if not to be written by hand at the bottom of the slip)

(b) Drivers ID Number and Initials (c) Amount of fare and gratuity (if applicable) (d) Authorization number (Pre-printed on POS slip) (e) Date of the fare (Pre-printed on POS slip) (f) The Debit or Credit Card must be swiped at all times (in the event that the

receipt does not print imprinting Credit Card only on manual imprinter is acceptable with customers signature but the imprint of the card number has to be clear) In the case of a swiped transaction part of the card number will display per Credit and Debit Card industry rules

(g) Customers signature clearly written (Credit Card only) marked TRANSACTION COPY We will accept the CUSTOMER COPY as long as it has the customers signature Debit POS slips are to be submitted marked TRANSACTION COPY NO SIGNATURE IS REQUIRED

Collective Agreement laquoCompanyraquo Page49

DISPUTES BY A CUSTOMER

Should a debit or credit card slip be disputed by the customer their bank or other financial institution the company will investigate If such investigation proves fraud or error by the driver the driver will be charged back for the full amount of the charge

If the disputed transaction was processed on a non-company unit a $500 plus HST charge plus the value of the charge will be debited to the drivers account The Company will refund the customer for the value of the charge

Should a customer andor driver report that the charge has been approved more than once the Company will investigate The Company does not allow any refunds in the taxicab Drivers can void a transaction but this must be done before Batch Closing the transaction A Void can only be done in the presence of the customer as the card (debit or credit) must be present The driver can then re-swipe the card for the correct amount The Company publishes a toll free number for customers or drivers to call with any concerns about a transaction If a customer has been charged more than once for the incorrect amount the following procedures apply

Credit Card

The Company will verify that the customer was charged multiple times or has been over-charged and issue a refund as necessary The Company will send a copy to the customer upon request All refunds are processed on a Point of Sale unit or Virtual Merchant (on-line) The Company may contact the driver to determine the validity of the customers details

Debit Card

The Company will verify that the customer was charged multiple times or has been overcharged and issue a cheque refund as necessary The Company keeps a copy of the cheque issued

GENERAL INFORMATIONGUIDELINES

1 If the driver has overcharged the customer and has been paid the incorrect amount the Company will adjust the drivers account and provide a receipt The Company maintains a log in the even there is a dispute by the driver or the customer If the driver reports the overcharge that is logged on a Customer Incident Form which has a Control Number

2 Hand written Credit Cards will not be accepted All Credit Cards must be passed through a manual imprinter which clearly shows the full credit card number If the credit card number is not clear and cannot be authorized

Collective Agreement laquoCompany Page 50

the driver will face debitchargeback of the amount as it cannot be authorized

3 The only Credit Cards accepted by Taxitab a division of Coventry Connections Inc are

i Visa ii Mastercard iii American Express

Note Visa Mastercard and American Express all issue prepaid credit cards these are all accepted

4 Taxitab a Division of Coventry Connections accepts Debit Cards for Canadian Financial Institutions Debit Cards for foreign banks may not

work on the unit Visa Mastercard have commenced issuing Debit Cards these are all accepted These cards are clearly marked on the face of the card with the Visa and Mastercard logos

5 The following items are to be checkedverified by the driver upon presentation of a Credit Car (a to d) Debit Card (d only)

CHECK LIST

(a) Expiry Date Ensure the card is valid Check to be sure that the Card is not being used beyond the expiry date printed on the card If the card is expired refuse to accept it

(b) Altered Cards Check to see if the card has been noticeably altered in any way If it has been refuse to accept it

(c) Card holders name and signature Check that the signature on the Credit Card slip is the same name printed on the card At the same time check that the signature is the same as the signature on the rear of the card If there is no signature on the rear of the card ask the customer to sign it as you are required to check this

If in doubt ask to see some other form of identification (preferably one with a picture and signature) that ensures that the person using the card is who they say they are

(d) Amount of fare and gratuity (if applicable) The amount of the Debit or Credit card slip must be equal to the amount of the fare and the gratuity (where applicable) Each amount should be entered in their respective places and only by the customer unless otherwise directed In the case of a Debit Card customer must always enter their PIN number to

Collective Agreement ltbullCompany Page 51

authorize the card Drivers must remind customer that the TIP field comes first followed by the PIN number

(e) $150 Surcharge

Debit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated by the City of Ottawa By-Law The $150 charge is prompted by the point of sale unit automatically The Driver receives 65cent of the $150 for every transaction

Credit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated in the City of Ottawa By-Law The $150 charge is NOT prompted by the point of sale unit automatically The driver adds the $150 to the metered amount and enters this total in the base amount field

6 CAUTIONS

7

(a)

(b)

(c)

Bank Card only have the Bank name on the card

Credit Cards are identified by the VISA MASTERCARD AMERICAN EXPRESS OR DINERS CLUB-ENROUTE symbols Only Cards with these symbols will be accepted

Credit Cards will have a holographic image on the face of the card

CASH ADVANCES

The use of Credit Cards for cash advances in the taxicab is not permitted Credit Cards must only be used in the taxicab for paying for an actual fare Anyone using a Credit Card in a taxicab to obtain cash advance is most likely using a stolen or fraudulent card

8 OUT OF TOWN FARES

For the drivers protection it is suggested that for fares going out of town and the customer wishes to pay by Credit Card it is recommended that the driver authorize the fare at the beginning of the trip (dispatcher can give an estimated amount) If there is a difference process the difference at the end of the trip There is a pre-authorization feature available for Credit Card only on the Point of Sale unit The Company can activate this on driver request but the driver must be

Collective Agreement ccCompany)) Page 52

bull

9

given correct training for this There are several steps involved with pre-authorization that must be followed before batch closing

BATCH CLOSING

Drivers must close transaction in the terminals at the end of their shift Credit Card authorizations only remain in the terminal for five (5) days after that the processor closes them automatically Drivers must batch close all credit cards no later than four (4) days in order for the items to appear on the batch close report

Batch Close reports will print separately for Debit and Credit Cards and list the details of the transactions in the terminals showing the card type and the last four (4) digits of the card involved This Batch close cannot be reprinted drivers must hold on to them Attach the slips to the Batch Close and bring to the cashier The cashier will verify the attached slips are on the batch close and proceed to pay or credit the driver assuming all slips are authorized and complete (as discussed above under (1) Authorization Procedures)

The following circumstances regarding Batch Closes will apply

(i) Batch Close with All Debit and Signed Credit Card slips- Driver will be paid or credited at time of presentation at a cashiering station

(ii) Batch Close- No Debit Slips if the batch close shows a Debit Slip and the driver has misplaced or lost the slip the Driver will be paid or credited at the time of presentation at a cashiering station

(iii) Batch Close No Credit Card Slip- No Slip No Payment at time of cashiering (driver is to go to Driver Admin in this instance) If the driver has a signed manual slip and the last 4 numbers of the card match those on the batch close the slip will be accepted by the cashier

NO BATCH CLOSE REPORT -If a Driver has lost or misplaced Batch Close report the Driver is to go straight to Driver Admin (not cashiering) The Driver is to bring the receipts (if there is a credit card slip with no signature there is a separate procedure for this below) he has for which he has not batch close Driver Admin will initiate a Batch Close Incident Report which has a Control Number for future reference The Procedure is as follows

(i) Driver Admin to Photocopy all Slips and write the Control from the Batch Close Incident Form on the photocopy and date the sheet The

Collective Agreement ccCompanyraquo Page 53

bull

bull

Driver is to keep this in the event of a dispute or apparent nonshypayment in account

(ii) Driver Admin will complete the top copy of the report attach a copy of the slips The Driver will complete the bottom part of the report and sign it

(iii) Management will need 72 hours (three business days) from the date of Incident Report to investigate the transaction has been settled in the POS unit

(iv) Providing Management confirms the transaction is complete the slips will be credited to the Drivers account and a receipt will be printed A copy of the receipt is attached to the Batch Close Incident Report The Control from the Form is entered when the the amount is credited for reference A receipt can be printed at that time by cashier

(v) In the event that a driver does not have a Batch Close and presents a credit card slip with no signature the following will apply

(vi) If the Driver experiences a problem with the Batch Close or operation of the unit the Driver is to bring the unit to the office during normal hours Management will investigate the issue and call Driver to reshyissue the unit completing paperwork for the replacement unit which the driver will sign

Any driver attempting to defraud a customer by processing a debit or credit slip more than once will be terminated

Collective Agreement laquoCompany)) Page 54

bull

bull

SCHEDULE E STOLEN FARE POLICY

Whenever the Dispatch Supervisor receives a complaint that a fare either dispatched to the complainant or from within the same block of taxi standconcession on which the complainant is parked has been stolen and the identification of the accused is made known the Supervisor shall

(a) Bring the accused to voice and notify himher of the allegations

(b) Inform the complainant that a deposit of forty dollars ($4000) must accompany his accusation and to be deposited within one (1) hour of the complaint Where applicable inform the complainant that the accused wishes to challenge the allegations and the date and time of the hearing shall be known to both parties

(c) A failure of either party to attend the hearing will result in an additional fine of forty dollars ($4000) to be paid within sixty (60) minutes of the conclusion of the hearing or a suspension ob the absent party until payment is received

(d) Inform the accused of the available options

(i) Arrange for repayment of the fare in its entirety to a minimum of forty dollars ($4000) to the complainant a Union representative or the Company on behalf of the complainant within sixty (60) minutes or

(ii) If the allegation is being denied and the accused wishes to refute it forty dollars ($4000) must be deposited at the dispatch office within sixty (60) minutes with a notification to the Dispatch Supervisor that the allegation is being challenged

Where the accused fails to respond to two (2) voice messages or refuses to comply with (c) the accused shall have dispatch services suspended until in compliance or the Company receives instructions from a Union Representative to do otherwise

The penalty for a wrongful accusation is the payment of forty dollars ($4000) to the accused by the accuser in addition to the return of the accuseds deposited payment

It is understood and agreed that the action(s) of the Dispatch Supervisor(s) in the compliance of this Policy is not to be construed as a determination of who is the guilty party In all disputes regarding stolen fares the Committee shall make the final determination with respect to guilt

Collective Agreement laquoCompany Page 55

bull

bull

Note Such fare(s) will not be considered as Stolen Fare(s) if picked up by driver(s) arriving on the Concession(s)Taxi Stand(s) prior the driver(s) who accepted the dispatched fare(s)

Collective Agreement ((Company Page 56

bull bull

APPENDIX 1

PLATE CAR LESSEE IND START LESSEE START

1 1027 5027 ADAM GRANT 1 91111986 111987

2 1015 5015 TIMS VAUGHN 411995 411995

3 1043 5043 MARTON FERENC G 10251995 10251995

4 1050 5050 DUBOIS JOHN 12111994 311996

5 1048 5048 SUNIL JOSHI 1111994 711996

6 1030 5030 SLIM MOHAMED 711996 7111996

7 1041 5041 JAMALEDDINE ZAHER 911996 911996

8 1040 5040 MAHEUX FRANK 11151996 181997

9 1109 1 5109 ASTLEY JAMES 1011994 1131997

10 1045 5045 MELHEM SAMIR 1211996 9211997

11 1028 5028 LABINE ANTHONY 10151980 11281997

12 1054 5054 ELmiddotNEMER NEMER 11131997 21271998

13 1113 5113 WEAGANT BROCK C 82211988 3131998

i

14 1039 5039 SOBH HAC HEM 11171997 5111998

15 1044 1 5044 MOUFARREJ RAYMOND 10241996 1161998

16 1042 5042 MCCONVILLE BILL 311992 11111998

17 1107 5107 GIANNAKOS LOUIS I 9111997 491999

18 1026 5026 VERMA LALIT 51261996 5311999

19 1033 5033 MITCHELL BRUCE 111987 9301999

i

20 1108 5108 PAPPAS CHRISTINE 121111991 1041999

rmiddot 1014 5014 NYTRA BEDRICH 961996 3302000

22 1000 5000 ABOUmiddotARRAG SAM I 611997 7132000

23 1038 5038 MUNROE JOHN 1111977 492001

24 1022 5022 RADULESCU GELU 611999 5232002

25 1139 5139 HASSOUN I MOUFID 71211999 8152002

26 1006 5006 SADER I GHASSAN 6211999 292004

27 1029 5029 CLAYTON GREG 911980 21132004

Collective Agreement ccCompany Page 57

bull

28 1034 5034 IBRAHIM 12301995 4302004

29 1037 5037 ABDALLA HASSAN I 3312000 2202006

30 1010 5010 HASSOUN AD NAN 8272001 312006

31 1031 MASSOUD 1241998 312006

32 1 1o35 5035 JANCO 911992 362006

1 33 1036 5036 SINGH BALWANT 92211999 3172006

Collective Agreement ltltCompanyraquo Page 58

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 10: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

906

907

908

(b)

(c)

(d)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

Reinstating the employee with no loss of seniority andor with compensation as may be determined by the parties or

By any other arrangement which may be deemed just and equitable or

By proceeding to Arbitration in accordance with Article 25

No person shall have their dispatch services curtailed or suspended without just cause In the administration of this clause drivers shall complete the shift except

Where they or their vehicle is a danger to the public

Where they have not fulfilled their monetary obligations to the Owners Group or the Union

Or where their vehicles are required for garage service

When the taxi is dirty either inside or outside or both (car wash)

When the taxi driver has stolen a fare

When the taxi driver is not properly dressed

When the driver is intoxicated andor on illegal drugs

Employees shall have the right to have Union representation in meetings with the Company relating to discharge or discipline of that employee If a Union representative is unavailable for a scheduled meeting between the Company and that employee the meeting will not go ahead as planned

Disciplinary actions and adverse reports of an employee shall remain on said employees file for a period of one (1) year from the date of the offence No disciplinary proceedings against that employee shall be used after one (1) year except for disciplinary records involving sexual harassment assaults or refusal of a Guide Animals which shall remain on file for four (4) years from the date of the discipline

The Company is prepared however to review all driver files and have discussions with the Union with respect to those drivers who have had repeated problems

909 Employee(s) under suspension shall not pay any cab-rental or stand rent commencing on the fourth (4th) day of suspension and shall not pay plate rent commencing the beginning of the fourth (4th) week of suspension A

Collective Agreement laquoCompanyraquo PageS

suspended employee shall not be entitled to operate on any Company taxi stand while under suspension

ARTICLE 10 NON-DISCRIMINATION

1001 The Owners Group shall not discriminate against employees with respect to terms and conditions of employment on any of the prohibited grounds named in the Ontario Human Rights Code or on the grounds of union activity

1002 There shall be equal opportunities regardless of sex in all facets of the Company and the Owners Group business governed by this agreement

1003 No employee shall be required to retire on the grounds of age

ARTICLE 11 STRIKES LOCKOUTS PICKET LINES AND LABOUR DISPUTES

11 01 There shall be no strikes or lockouts so long as t~1is agreement continues to operate The word strike and the word lockout shall be defined in accordance with the definitions set out in the OLRA 1995 as amended

1102 Employees in the bargaining unit shall have the right to refuse to cross a picket line andor refuse to handle struck work in connection with a labour dispute

11 03 Failure to cross a picket line or handle struck work shall not be considered grounds for disciplinary action or otherwise be a violation of this agreement

1201

(a)

ARTICLE 12 DISPATCH

The Company shall supply maintain and operate a computerized dispatch system to provide fair and equal distribution of all calls trips or parcels received by the Company Computers in vehicles shall be serviced and maintained in working condition by the Company as the need arises

1202 The Company shall ensure that all requests for taxicab service are dispatched through the dispatch system of the Company and shall only be dispatched to licensed taxicabs in an equitable manner as determined by the terms of this agreement

Collective Agreement ccCompanyraquo Page9

1203 The Company agrees that the geographic locations of the stands which shall include backup stands shall be outlined in APPENDIX 1 and attached to this agreement Modifications can be made from time to time with the written approval of the parties

1204 The Company agrees that the current phone number (613) 829-9900 shall be used offered andor advertised for the dispatch of taxicabs operating under the Companys roof sign The Company further agrees that the telephone number (613) 829-9011 shall continue to be used for the dispatch of taxicabs operating under the DJs Taxi roof sign The parties agree that this latter telephone number shall not be advertised for DJs Taxi Co Ltd middot

1205 middot1n cases of abuse of the cheater switch the Union agrees that computer records of call-backs shall be prima facie proof of the abuse alleged by the Company Nothing herein shall be construed to condone or permit the use of the cheater switch Violations of this sub-article shall be considered grounds for discipline

1206 All requests for non-metered taxi service or other special taxi services shall be distributed in a fair and just manner

1207 Dispatchers phone staff and supervisors shall not dispatch any call or trip to any driver or on behalf of any driver by means of a pager or other similar communications device including but not limited to telephones with the exception of Para Transpo runs which shall be distributed in accordance with Appendix 3

1208 The Company shall ensure that there is no preferential treatment to any individual in respect of taxi dispatch services

1209 The Company shall employ a sufficient number of trained staff to serve the business in an efficient and expeditious manner

1210 When the Company dispatches a fare to an address that is different from the stated address of the caller the Company shall pay twenty dollars ($2000) to the driver dispatched

1211 The Company shall ensure that no derogatory remarks andor profane language is directed by the dispatchers and phone staff to drivers and vice versa The Company shall ensure that dispatchers and phone staff perform their duties in a polite businesslike and courteous manner at all times

1212 When a cancellation is received through the computerized dispatch system within the lead time of the Zone of the original call being placed

Collective Agreement laquoCompany)) Page 10

and the telephone number given at the time of the cancellation matches the telephone number given at the time of the request for the taxicab andor when a vehicle is dispatched to a non-existent address that is confirmed by the dispatch Supervisor the vehicle sent to that address would be placed in the first available position in the priority queue (given a No load)

bull No Load Priority Cancellation Local Incomplete Address

1213 In the event of a failure or malfunction of the computerized dispatch system the Company agrees that after a maximum of ten (10) minutes the addresses of the calls waiting will be made known to the drivers by voice In the event the server(s) is down for longer than twenty (20) minutes the Company must credit every driver in the bargaining unit an equal amount using the following formula five hundred dollars ($50000) divided by the total number of drivers in the bargaining unit to a maximum of two (2) crashes per month The Company will be entitled to two (2) downtime occurrences per month for upgrading and maintaining dispatching software and call centre hardware The Company agrees to notify the Union of the time and date of any organized shutdown The Company shall use its best efforts to have the shutdown during non-peak hours

1214 The Company agrees that dispatchers shall co-operate in every way possible to aid an employee who reports himself in danger The dispatcher shall not assess for himself the degree of urgency in any distress call and shall utilize nearby taxicabs andor police to provide aid

1215 (a) Time Calls

Time calls are prearranged calls Pre-arranged fares going to the Airport Train or Bus Station or downtown will also be considered a time call Time calls will be dispatched fifteen (15) minutes prior to the requested time to the first car booked on the corresponding stand

Out of town fares are calls reserved at least one ( 1) hour prior to the requested time It must have an estimated destination exceeding 100 kms or be on the middotflat rate sheet These fares will be dispatched forty-five (45) minutes prior to the requested time

The dispatcher may increase lead-time for time calls or out of town calls if weather traffic road conditions or the distance to locations warrant it

Collective Agreement ccCompanyn Page 11

(b) No information will be given out by the dispatch staff concerning fares coming into the Company office except for requests concerning the number of time calls to be dispatched between the next time period of 330 am - 630 am Dispatchers shall upon request inform the driver of the number of time calls to be dispatched during the next time period of 330 am - 630 am Dispatchers shall not give out any information with reference to the location of any time calls

1216 It is agreed that any concessiontaxi stand fares must be dispatched to drivers booked on the sub zones If no drivers are booked on the sub zone the fare will be dispatched as a regular fare If no drivers are booked on the zone the fare will be displayed on the main zone only as a fare waiting

1217 Attributed Call

These are calls where a special circumstance is made known to the Callshytaker and drivers are not forced to accept

Attributed calls shall include calls originating from the following locations or where the special circumstance indicated is made known to the phone staff

1 Bars -(except those listed as Messages) 2 Parcels 3 Wheel Chairs 4 Animals -(except guide animals) 5 Bicycles 6 Moving Jobs 7 Station WagonsNans 8 Boosts 9 No-Van Calls

Calls originating from the following addresses will be sent out as messages however should there be a Call-back for any of these addresses the Call-back shall be dispatched as a Local to the first car booked on the appropriate Zone

(a) OConnorsAMC Theatres (Kanata Centrum)

(b) Vox LoungeCock amp Bull (Bells Corners) (c) Park n Rides

(i) Baseline Station (ii) Fallowfield Station

(d) Grace OMalleys (Merivale and Capillano)

Collective Agreement ccCompanyu Page 12

1218

(e) (f) (g) (h) (i) (j)

Sergeants Pump (Merivale Rd) Coliseum Theatres Bayshore Transit Eagleson Transit Station Kanata Town Center Terry Fox Transit Station

For the purpose of article 1224 the following hours are considered peak periods

(i) During the months of November December January and February Mon - Fri 700 AM - 500 PM Thurs - Sat 500 PM - 300 AM New Years Eve 500PM-500AM New Years Day

(ii) During the months of March April and October Mon - Fri 700 AM - 300 PM Fri amp Sat 11 00 PM - 200 AM

(iii) For Canada Day 400 PM - 200 AM for

Christmas Day New Years Day (except as outlined above) Good Friday Easter Monday and Thanksgiving Day are exempt from the above

1219 Fares originating in the City of Ottawa and any other points west of Ottawa including Richmond Ontario shall be dispatched to the first taxicab appropriately booked on the corresponding stand

1220 Weather permitting there should never be a call back from customers due to the late arrival of a cab All fares accepted must be serviced without delay All stands will have a maximum response time limit of fifteen (15) minutes Phone personnel will tell customers that the cab will arrive within 10-15 minutes please be ready

Should the Company receive a Call-Back after the lead-time of a dispatched fare discipline shall be applicable to the affected driver(s) as follows

(a) 1st Offence First written warning and a fine of $2000 will be imposed and collected by way of the drivers account

(b) 2nd Offence Second written warning and a fine of $3000 will be imposed and collected by way of the drivers account

(c) 3rd Offence- Third written warning and a fine of $5000 will be imposed and collected by way of the drivers account

Collective Agreement ((Companyraquo Page 13

(d) 41h Offence- A final written warning and fine of $7500 will be imposed

and collected by way of the drivers account

(e) 5th Offence- Dismissal

Monies collected shall be used to appease dissatisfied customers and to advertise the DJs business

1221 Locals I Freebies

1222

1223

1224

a) b) (c)

These are calls that are dispatched to the first car booked in a Zone (Stand) and the driver accepting said call has a maximum of thirty 30) minutes to complete the call and rebook on the same stand the call was dispatched from in order to be placed in the first available position in the priority queue

Locals shall include calls originating from the following locations

Major shopping centres Groceries A list consisting of a maximum of five 5) addresses

When being dispatched on the Computerized Dispatch System Fare Waiting shall mask all calls or trips for the duration of this Agreement

No calls trips or parcels shall be dispatched on voice except where provided in this Agreement

In recognition of the fact that the Company operates a multi-fleet dispatch operation the Company and the Union agree that the staffing levels of the dispatch operation to service the DJs fleet shall always be no less than one (1) call taker and no more than middotfive 5) call takers One (1) call taker shall always have priority to respond to DJs calls with the balance of the call takers having secondary priority on a cascading basis To address any problems arising from dispatch issues the parties agree to establish a Dispatch Committee of equal representation to meet at mutually agreeable time frame upon request of either party within fifteen (15) days of notice being given by either side Issues may include but not restricted to hardware software or manpowerstaffing The Parties agree to address any such issue in an expeditious and fiscally responsible fashion

When the DJs fleet reaches one hundred and thirty (130) taxi cabs the Company shall add a second call taker having priority to respond to DJs calls but only during peak periods When the DJs fleet reaches one

Collective Agreement laquoCompanyraquo Page 14

hundred and sixty (160) the Company shall increase the number of call takers to two (2) having priority to respond to DJs calls at all times

1225 A list of persons and addresses owing money to drivers for fares not paid shall be compiled by the Company and kept in the dispatch office at all times No requests for taxicabs or specialty services excluding school and contract runs shall be dispatched to these persons andor addresses until the monies owing are paid

1226 Dispatchers phone staff and supervisors shall not remove falsify alter any request for taxicab service placed with DJs taxi dispatch service

1227 The Company shall ensure that dispatchers phone staff or supervisors shall not accept money or other forms of favour or inducements from any person where the objective of such payment is the granting of preferential treatment to any individual in respect of dispatch services

1228 When a call back is received after the lead time of the call in question the dispatch supervisor will send two 2) voice messages at least one (1) minute apart for the driver to come to voice If the driver fails to respond the call will be re-entered as a local call and if said driver is booked into the system heshe will be suspended until there is a response Drivers failing to go on or being late on their calls will be further disciplined in accordance with progressive discipline

1229 The Company shall discipline any driver who assigns a dispatched fare to another driver

1230 (a) The discipline or discharge of a driver who has completed hisher probationary period shall be grievable in accordance with Article 24 of this Agreement The Company agrees that it shall apply the principle of progressive discipline However the Company reserves the right not to apply the principle of progressive discipline for certain offences based on their severity

(b) The Company shall discipline any driver as follows for the specific offences listed below

i) Assigns or redirects a dispatched fare to another driver operating under the OJS roof sign as follows

a) 1st offence- 1 shift b) 2nd offence- 2 shifts c) 3rd offence - 3 shifts

Collective Agreement laquoCompanyraquo Page 15

(ii) Cancels a fare already inputted into the Ziptrack Dispatch System as follows

(a) 1st offence- 1 shift (b) 2nd offence - 2 shifts (c) 3rd offence- 3 shifts

(iii) Telephones the Ziptrack Dispatch System with an illegitimate call as follows

(a)

(b)

(c)

1st offence - 2 shifts and $2500 to the affected driver pajable by the offending driver 2n offence - 4 shifts and $2500 to the affected driver payable by the offending driver 3rd offence - termination of employment

(iv) Assigns or redirects a dispatched fare to another driver operating under another roof sign as follows

(a) 1st offence- termination of employment

For purposes of this provision one (1) shift is a period of twelve (12) consecutive hours for a twelve (12) hour driver and twenty-four (24) consecutive hours for a twenty-four (24) hour driver

1231 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical break down emergency or any other reason(s) not herein listed the dispatcher shall re-dispatch the fare and suspend the driver for one (1) hour

1232 Definitions

Accessible call means a valid request for an accessible taxicab by a person with a wheel chair or is otherwise defined by any statute or regulation thereof

Accessible Driver means a driver who is qualified to drive an accessible taxicab under the applicable By-laws of the City of Ottawa

Accessible Plate means a licence for an accessible taxicab that is issued to a person who has qualified to hold an accessible licence under the applicable By-laws of the City of Ottawa

Collective Agreement laquoCompanyraquo Page 16

middotAccessible Taxicab is a taxicab which is designed to accommodate one or more individuals who require the use of a wheelchair without the need to transfer the individual from the wheelchair which vehicles are otherwise subject to federal and provincial legislation applicable to the transport of Physically Challenged Persons and in respect of which an accessible plate has been issued

Attribute means in respect of a vehicle the association with that taxicab in the Ziptrack dispatch software system of a special feature (or restriction) for that vehicle required for specific types of fares

Call means a request for taxi service received by Ziptrack by a telephone call to the DJs Taxi number 829-9900

Cover or Covered as applicable to a fare means there-dispatch of a previously accepted fare at the request of the accepting driver for valid reason (mechanical breakdown accident or other emergency) in accordance with normal dispatch procedures

Taxi Stand means a space on private property for taxicabs operating under the DJs Taxi roof sign specified under an agreement between Coventry Connections Inc or Ziptrack Inc or a space specifically designated as a taxi stand from time to time on a public street or other public space by the City of Ottawa

Accessible Vehicle Dispatch

(a) It is agreed that calls placed through the dispatch system for an accessible taxicab shall be dispatched only to accessible taxis defined by the dispatch system as an Attribute Where there are no accessible taxicabs booked into the dispatch system and available to accept a call such call shall be displayed as being available on the fare broadcast screen

(b) An accessible taxicab may be dispatched as a standard sedan taxicab at anytime that it is not dispatched on an accessible fare An accessible taxicab shall not be given priority for any type of fare other than an accessible fare An accessible taxicab shall be booked off all zones when any fare is accepted or rejected

(c) The driver of an accessible taxicab is not authorized to reject an accessible fare if he is booked on the dispatch system or is in a queue at a taxi stand or company concession Failure to accept an accessible fare shall be deemed a rejection of an accessible fare and shall be subject to discipline

Collective Agreement ccCompany Page 17

1301

1302

1303

1304

(d) In the event that a driver of an accessible taxicab who has accepted an accessible fare requests to be covered and where such request is granted the driver shall be booked off the dispatch system for a minimum of one (1) hour or until the fare is covered

(e) The driver of an accessible taxicab that rejects or is deemed to have rejected an accessible fare under paragraph (c) above shall be booked off the dispatch system until one ( 1) hour after the accessible fare has been accepted and or service (the record of which not withstanding sub-Article 908 of the Collective Agreement shall be kept for five (5) years

(f) All accessible calls shall be masked by ACCESSIBLE FARE WAITING

(a)

(b)

(c)

(d)

(e)

ARTICLE 13 EMPLOYEES DUTIES

All employees shall perform their duties in a business like professional and courteous manner and shall not use abusive language on the air to customers or to Owners Group Staff

All employees shall be neatly dressed well groomed neat and clean in personal appearance

All employees shall give a receipt on the authorized form of the Owners Group showing the date car number and drivers name when requested to do so by the passenger or whenever there is a dispute over the fare

Subject to the above and except when he has a previous engagement ttle employee shall serve the first person requiring the service of his taxicab except when the prospective passenger

Is disorderly or abusive or poses a health or safety risk In cases of disputes involving intoxication andor health and safety risk and while the well being of the driver is of paramount importance extreme caution and sound discretion must be exercised prior to any refusal At all times the nature of the business that being a service Industry must be borne in mind so each and every situation must be measured on its own merit by the driver

Is in possession of an animal other than a Guide Animal or

Refuses to state his final destination upon entering the taxicab or

Has not paid a previous fare or

Refuses to pay in advance for flat rate out of town trip(s) or

Collective Agreement laquoCompanyraquo Page 18

(f)

1305

1306

1307

1308

1309

(a)

(b)

(c)

Has called two (2) cab companies for the same fare

In the event a driver discovers a lost object in the taxicab he shall immediately advise the dispatch supervisor of his findings with a description of the object an approximate idea of who might have left said object along with the pick-up and drop-off addresses of the customer if possible

Within twenty-four (24) hours of an objects discovery the driver shall take said object to the nearest Ottawa police station or to the Ziptrack Inc dispatch office at no cost or when directed to do so within the above mentioned twenty four (24) hours A receipt for said object will be issued if requested

Subject to Article 1305 should the customer wish the immediate return of the lost object the dispatcher shall notify the customer of the approximate metered cost of return from the location of the driver at that time and the employee shall return the object immediately to the customer at the standard metered rate

No employee shall be forced to violate a Municipal Provincial or Federal Law or regulation in the performance of ~1is duties

The Company shall provide the drivers with a list of all current flat rates Upon any changes to said list a new list shall be issued within thirty (30) days following such changes

No person(s) who will be driving under the DJs roof sign except for rehires who have been absent for less than three (3) years shall be hired or permitted to commence employment until

Heshe has successfully passed the test which the Company shall devise and administer with regard to the operation and knowledge of the taxi related Industry Said test shall include but not be limited to the knowledge of the Ottawa-Carleton area but with an emphasis on the areas directly affected by this collective agreement

Orientation by the Operations Manager or his designee on the DJs Taxi charge system

Heshe has been given a six (6) hour in-car training session This session will comprise of accompanying the prospective employee for a period of six (6) hours to learn the stands customer relations specific to DJs Taxi two-way radio booking practices and a general familiarization with the DJs environment The cost associated with this in-car training session shall be

Collective Agreement ccCompanyraquo Page 19

$10000 and said cost shall be borne by the prospective employee Failure to pass any portion of this test shall result in a fourteen (14) day waiting period before the applicant will be allowed to re-do the portion(s) of this sub-article which heshe has failed The cost associated with re-doing a) or c) will be $5000 while re-doing both would be $10000

During this waiting period the applicant will not be allowed to operate under the DJs roof sign No person operating a taxicab under the DJs roof sign will be assigned any duties associated with this sub-article

Tests are given on the first and third Mondays of each month on a first come-middotfirst serve basis by appointment Failure to attend for a scheduled date and or time will result in the forfeiture of the appointment and a new date will be booked on a first available basis only

ARTICLE 14 TECHNOLOGICAL CHANGE

1401 Technological Change means but is not limited to the introduction of changes to the present systems the introduction by the Company of additional radio channels computerized dispatching systems or any other mechanical electrical or other system including but not limited to fuel systems at no cost to the drivers

1402 In the event of any technological change the Company shall notify the Union in writing at least ninety (90) days before the introduction of such changes unless prior discussions with the Union have occurred

1501

1502

1)

2)

3)

ARTICLE 15 SENIORITY

Seniority shall be applied in determining layoffs preference for time off and recall from lay off as set out in other provisions of this agreement

Prior to being offered employment an individual shall be required to present to the Member of the Owners Group and the Company all relevant documentation namely

Valid Ontario or Quebec Provincial drivers license with a current provincial driving record with no more than six (6) demerit points at such time and if applicable has been pardoned for any prior conviction for impaired driving

Applicable Taxi Drivers License

Original copy of a Motor vehicle drivers abstract no older than twentyshyeight (28) days

Collective Agreement laquoCompanyraquo Page 20

4) Letter from previous or present insurer (where possible)

5) Work permit if applicable

6) Proof of Union membership

7) Social Insurance Numbercard or verification from appropriate federal government department of such number

8) A clear Police Criminal Record check no older than twenty-eight (28) days

9) Training as set forth in 1309

The above requirements do not apply to a driver who changes status or moves between Members of the Owners Group or Single Plate Owner or Single Plate Lessee provided the driver does not go more than thirty (30) calendar days without being registered on a taxicab except by reason of a proven medical illness Requirement 9 above does not apply to a driver who had previously driven under the DJs Taxi roof sign within the previous twelve (12) months Nevertheless each driver is required to register such changes with the Company To facilitate the drivers ability to register such changes the Company office shall be open from 830 am to 200pm daily except Saturday Sunday and Statutory Holidays

1503 The Owners Group shall recall laid off employees in the reverse order of lay-off

1504 A driver injured or ill should notify the Company and the Union within two (2) weeks of his absence and should arrange to provide a detailed mediqal certificate as evidence of injury or illness and an estimated time of return signed by a doctor in order to preserve his seniority Only an employee returning from an absence of eighteen (18) months or less due to injury or illness shall be returned to his previous vehicle provided that said vehicle is still working as a taxicab if it is not he shall be returned to another vehicle on the same shift he had prior to his injury or illness

A driver replacing another driver who is on sick leave shall be notified of his status by the Owners Group and the Owners Group shall notify the Union of all details

An employee returning within 30 days from an absence due to injury or illness shall be returned to his previous vehicle provided said vehicle is still working as a taxicab and if it is not heshe shall be returned to another vehicle

Collective Agreement laquoCompanyraquo Page 21

1505

(a)

(b)

(c)

(d)

An employee returning to work after thirty (30) days but less than eighteen (18) months from the commencement of hisher injury or illness shall be returned to work displacing the most junior driver driving with the individual member of the Owners Group

Clarity Note (i) A twelve (12) hour driver returning from illnessinjury shall be returned to a twelve (12) hour shift car by replacing the most junior driver driving Should the most junior driver be driving a twenty-four (24) hour car heshe would then be offered the shift remaining after the returning driver has chosen

Clarity Note (ii) A twenty four (24) hour driver returning from illnessinjury would replace the most junior driver and assume hisher shift

Clarity Note (iii) Returning employees shall be given the first available car corresponding to their previous shift

An employee shall lose seniority and as such will cease to be an employee upon

Voluntarily quitting or resigning

Being discharged for just cause and not having been reinstated through the grievance or arbitration procedure

Failing to rent an available vehicle when duly notified of same while on layshyoff except or for certified medical reasons

Being laid off being without a valid work permit or being without a valid Provincial drivers license or appropriate Municipal taxi drivers license for a length of time equal to that employees seniority or twelve (12) months whichever is less

ARTICLE 16 COMMITIEES

1601 A UnionManagement committee shall be appointed consisting of up to three (3) representatives from the Union and up to three (3) representatives from the Company This committee shall meet every six (6) months for the purpose of discussing matters of mutual concern

1602 A safety committee consisting of at least two (2) representatives of the Union and two (2) representatives of the Owners Group shall meet at a mutually agreeable time frame upon the request of either party within thirty (30) days for the purpose of discussing matters of mutual concern Minutes will be kept of each meeting

Collective Agreement laquoCompany Page22

1603 A rules committee consisting of up to three (3) representatives of the union and of up to three (3) representatives of the owners group shall meet at a mutually agreeable time frame upon the request of either party within thirty (30) days for the purpose of negotiating changes to existing rules and for discussing any new rules prior to their implementation

1604 To address advertising the parties agree to establish an Advertising Committee of equal representation to meet at mutually agreeable times upon request of either party within fifteen (15) days of notice being given by either side The Committee shall be responsible for a budget of $2625000 over the term of this collective agreement which sum shall be spent to advertise and promote the DJs business

The parties must agree when and how the advertising will be allocated However the parties agree that advertising would include

bull Flyers bull Newspaper Ads bull Promotional Items (eg fridge magnets) bull Radio

ARTICLE 17 SAFETY AND HEALTH

1701 It is understood and agreed that driver safety is important to the individual employee and to the industry as a whole The Owners Group and employees agree to exercise their rights and to fulfil their obligations in accordance with this understanding The Owners Group will continue to encourage and welcome safety recommendations for the safety and health of drivers during their working hours

1702 The employer shall supply only safe and roadworthy vehicles and the equipment contained therein and the vehicles themselves shall be maintained in good working order Each rental vehicle shall meet the mechanical fitness standards as defined in Provincial legislation

1703 The Company agrees to pay the premiums to an insurer chosen by the Company to provide term life insurance coverage in the amount of ten thousand dollars ($1000000) for all employees provided that the affected employee has a minimum of one (1) year seniority under the DJs Taxi roof sign and is actively working on the day he attains this one ( 1) year seniority

All claims and payments shall be in accordance with the terms of the master policy of the insurer and the Company shall not be liable for any

Collective Agreement laquoCompanyraquo Page 23 middot

bull

non payment by the Insurer This insurance coverage will not be provided to any driver who is 65 years or older at any time during this agreement

The Company shall aid in collecting monies by allowing a cash donation box to be set up at their office for driver(s) involved in serious accidents The Company shall not be responsible for said box

1704 The Company shall supply a safety shield for the company owned rental vehicle when requested by that driver

All rental drivers who request a shield must continue to operate on a vehicle that is equipped with a safety shield so long as said driver is operating under the DJs roof sign provided one (1) is available Company rental drivers working with a shield shall have the option of refusing to operate any spare rental vehicle not equipped with a safety shield However once a driver accepts a spare rental vehicle not equipped with a shield he will be deemed to have given up his right to exercise this option on the same shift

ARTICLE 18 WORK WEEK

1801 The Owners Group agrees that the employees shall determine their work week subject to the provisions of this agreement

1802 The Owners Group agrees that the work week shall be based on seven (7) days

1803 Rental drivers shall pay their weekly rental over six (6) days and have the use of the vehicle for seven (7) days

1804 Stand rents for car owners shall be calculated weekly paid monthly or weekly at the discretion of the employee but limited to one change in the payment structure per calendar year Any reduction is to be calculated on a weekly basis and there shall be no reduction given for anything less than seven (7) consecutive days off except where provided in this agreement

1805 Shifts shall be mutually agreed upon by the partners on the vehicle and in case of dispute shifts shall commence at 400am and 400pm The change-over location shall be mutually agreed to by the partners on the vehicle and in case of dispute change over shall be at the Companys office

ARTICLE 19 STATUTORY HOLIDAYS

Collective Agreement laquoCompanyraquo Page 24

1901 (a)

(b)

All rental drivers (12 amp 24 hours) of the Owners Group shall be entitled to the following days off provided that they have worked more than three (3) consecutive months under the Companys roof sign

All single plate owners (SPO) and single plate lessees (SPL) shall be entitled to the following days off provided that they have completed three (3) months of service under the Companys roof sign and they shall not be charged plate rent or stand rent for said statutory holidays

Employees meeting the criteria outlined in (a) and (b) above shall be given credit for said days whether they choose to work or not Credits for statutory holidays shall be given at the time that payment is made for the period covering the day of the holiday

New Years Day Family Day Good Friday

Victoria Day Canada Day Labour Day

ARTICLE 20 TIME OFF

Thanksgiving Day Christmas Day Boxing Day

2001 All rental drivers (12 amp 24 hours) shall be entitled to four (4) weeks annual time-off

All single plate lessees (SPL) shall be entitled to five (5) weeks annual time-off for which they shall not be charged stand rent for time-off taken During said time-off heshe shall not be charged plate rent for the first four (4) weeks

All single plate owners (SPO) shall be entitled to seven (7) weeks annual time-off During this period they shall not be charged stand rent

SPOs and SPLs outlined above will be granted their requested time-off entitlement provided they have no balance owing and provided that a minimum of one (1) week written notice is given to the individual Member of the Owners Group (MOG) and the Company and provided further that said drivers have a minimum of one (1) completed year of uninterrupted service under the Companys roof sign

In cases of accidents and major breakdowns involving SPO and SPL no notice period will be required for time-off and credits for such time-off will be based on daily increments

Where a SPOor a SPL has used all hisher allotted time off and said SPO or SPL has an accident or major breakdown heshe will be given up to a maximum of ten (1 0) additional days of time off and during said time

Collective Agreement laquoCompanygtbull Page 25

heshe shall not be charged any stand rent subject to proof of inoperability of the vehicle being provided

In the case of SPOs and SPLs extended time-off will be allowed for overseas trips All rents must be paid in advance to cover the time off for the extension

Explanation Car owners time off is only when the car is off the road If the SPO or SPL puts a driver on the car it is not considered part of this time off

2002 Single plate owners and single plate lessees will be responsible for arranging for time off for their drivers

2003 Time off may be taken weekly or bi-weekly at the employees discretion Provided further where the employee has taken a minimum of one (1) week heshe may take additional days) of less than weekly increments) in conjunction with the one 1) week

2004 Time off must be taken during the calendar year and cannot be accumulated over more than one calendar (1 year

2005 The MOG SPL and SPO agree that roof signs taxi plates and all other items (computer equipment will remain with the Company during the employees time-off and in the case of rental drivers the rental vehicle will be returned to the vehicle owner

ARTICLE 21 INSURANCE

21 01 Every car owner has the right to obtain insurance from the broker or Company of their choice without interference from the Owners Group

2102 The Owners Group shall upon written request from an employee who is presently insured by a member of the Owners Group provide written details of claim settlements and accident records

2103 The Company shall provide at no extra cost motor vehicle insurance coverage with collision provision deductible not exceeding $75000 or the cost of repair whichever is less for each at fault accident

21 04 The Company shall provide at no extra cost comprehensive coverage with zero deductible including but not limited to middotfire and theft It is agreed and understood that comprehensive coverage does not cover driver owned equipment

Collective Agreement Page26

21 05 The Company shall provide accident benefit coverage as set out in the OAP 1 of the Ontario Automobile Insurance Act and shall abide by the guidelines and statutory conditions as set out by the Insurance Company with whom the Company is insured

2106 With respect to Articles 2103 2104 and 2106 above which applies to accessible shift vehicles only) the Companys obligation is to provide insurance coverage only Any determination of whether a driver is entitled to insurance benefits andor whether a claim shall be paid or denied in any given situation shall be the sole and exclusive responsibility of the Insurance Company

2107 A driver who is insured through the Company shall provide the Company with a Motor Vehicle Drivers Abstract one month before the annual renewal of the Companys insurance policy A driver shall provide additional Motor Vehicle Drivers Abstracts as requested by the Insurer

21 08 The Companys insurer may judge a driver to be a high risk and may assess a surcharge accordingly A driver who is found tomiddot be a higher risk will bear the cost of any such surcharge

21 09 A driver insured by the Companys insurer who is involved in an accident shall regardless of whether he or she was at fault notify the dispatcher immediately The driver shall indicate whether the accident should be reported to the police and whether the customer or driver require medical attention Following notification of the dispatcher the driver shall remove the roof sign from the vehicle and record to the best of his or her ability all relevant information The driver shall bring the relevant information to the office within 24 hours of the incident excluding weekends and holidays)

2110 Drivers are responsible for the replacement of all lost or stolen antennae andor roof signs

2111 The Company shall pay the full El payments for all rental drivers In the event of an increase in the premiums during the life of this Collective Agreement drivers shall pay the drivers share of the increase

2112 All drivers who are insured through the Company obtained insurance must sign the Companys insurance agreement prior to commencing work The Company shall provide insurance agreements with no more than a $75000 deductible to be paid after the accident The amount shall be paid at the rate of $1000 per shift until fully paid

Collective Agreement ((Companyraquo Page27

ARTICLE 22 TAXI PLATE SALES

2201 1 Members of the Owners Group shall be able to sell plate(s) in the following manner

2202

(a) A notice of its intent to sell plate(s) shall be posted and announced over the dispatch system for a period of three (3) days and shall be offered to the lessees and rental drivers in the bargaining unit

(b) Where there is more than one interested applicant the plate(s) shall be offered based on seniority and plates sold shall be the plate of the most junior lesseedriver

Where the sale will result in the layoff of a driver that driver shall be recalled prior to any new hires by all Members of the Owners Group

2 Where there are no applicants the Member of the Owners Group will sell the last leased plate at their discretion Any driver laid off shall be recalled prior to any new hires by all members of the Owners Group

3 Sale of More Than One Plate at One Time

4

5

The Owners Group has the right to sell to whomever they choose provided that no one is displaced

In the event that the most junior lessee is displaced as a result of the sale of the plate the Company agrees to pay to the displaced lessee no more than fifty-five thousand dollars ($5500000) in the first year of this Agreement and according to the succession plan as outlined in article 23 for the following years of this Agreement This would apply only if the said lessee has complied with the succession plan as per article 23

An individual Member of the Owners Group shall not require any of his drivers to give up their rights under this Agreement and work under another roof sign without the drivers written consent given before a Notary Public for Ontario The Union shall be supplied with copies of the consents

In the case where a Member of the Owners Group is leasing a taxi plate and the Member of the Owners Group has a car under this plate and this vehicle is then rented out on a 12 or 24 hour rental this article then does not apply The Owners Group cannot be held responsible for any damage or compensation that may arise from the actions taken by the 3rd party

Collective Agreement laquoCompanyraquo Page28

2301

2302

2303

1

2

3

4

ARTICLE 23 SUCCESSION AND TAXI PLATE LEASES

Definition

The process by which the lessee of a Company-owned taxi license plate having determined that heshe wishes to retire andor otherwise terminate hisher relationship with the Company and having officially notified in writing both the Union and the Company of hisher intention to do so offers the opportunity to hisher driver to be the lessees successor all in accordance with the conditions sot out in this Article

In order to be eligible to offer a lease for succession the lessee must have been a party to a valid taxi plate Leasing Agreement with the Company for a minimum of one (1) year and have two (2) years of continuous uninterrupted service operating a taxi vehicle under the Companys roof sign The lessee must also be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

In order to qualify as a successor the driver must be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

An offer for succession shall follow the following order

No offer for succession can be made until the day after the final version of the seniority list as outlined in Appendix 2 has been agreed upon and signed-off by the Parties

The lessee must notify the Company and the Union in writing of hisher intention to exercise the option of succession and the projected date of the succession

The taxi plate lease shall be offered to the lessees current driver (if any) who shall have thirty (30) days to reject or accept the succession

If the offer is rejected or thirty (30) days have passed since the offer was made the taxi plate lease shall be offered to the drivers who are not single plate lessees (SPL) or a single plate owner (SPO) on the seniority list who shall have thirty (30) days to reject or accept the succession

Collective Agreement ltltCompanygtgt Page29

5

6

2304

2305

2306

2307

2308

2309

The most senior driver on the seniority list (who is not a single plate lessee-SPL or single plate owner-S PO) who accepts the succession shall be the successful incumbent lessee

In the event that no driver accepts the succession the lessee may ask that his request for succession be held in abeyance until such time as an incumbent lessee is found or may retire andor otherwise terminate hisher relationship with the Company at the time of hisher choosing In the event that the lessee retires andor terminates hisher employment relationship the taxi plate shall be returned to the Company and assigned to the next senior eligible driver as per the Companys past practice

The succession shall be valued at no more and no less than fifty-five thousand dollars ($5500000) except as modified as per sub-Article 2308 The driver (incumbent lessee) shall pay to the lessee the full value of the succession fee within sixty (60) days of the date of acceptance of the offer Once the driver has paid the succession fee the driver becomes a single plate lessee for the purposes of this Collective Agreement and will assume all rights duties responsibilities and obligations of a single plate lessee as set out in this Collective Agreement

The Parties agree that any monies or other considerations paid to a lessee at any time other than the time set out in sub-Article 2304 above shall not be counted towards the succession fee

The amount of $300000 (plus HST if applicable) shall be paid to the Company as a consulting fee by the incumbent lessee no later than the day before the day the incumbent lessee becomes a single plate lessee for the purposes of this Collective Agreement

Any lessee who exercises the succession option voluntarily terminates hisher employment with the Company and loses all seniority A driver who wishes to subsequently be rehired by the Company as a driver shall be placed at the bottom of the seniority list The driver will be eligible to become a lessee two (2) years from the date of hisher rehiring

The amount set out in sub-Article 2304 shall be increased annually on the date of the plate and stand rent increases set out in Article 27 of this Collective Agreement The annual increase shall be the same as the average of the percentage increase in the plate rent and the stand rent for that year

In the event of the death of a lessee and provided the lessee is up to date with all payments to the Company and has no outstanding amounts owing to the Company whatsoever the lessees estate shall have up to six (6) months from the date of death to exercise the option of succession

Collective Agreement laquoCompanybullbull Page 30

2310

2311

(a)

(b)

(c)

2312

Leasing agreements must be entered into provided they do not conflict with the terms of this Agreement

Without limiting the generality of 2310 in any way whatsoever a leasing agreement shall contain the following provisions

The lease shall terminate automatically for failure to fuHill any term of the lease including but not limited to failure by the lessee to fulfill any financial obligation or failure by the lessee to obtain replacement insurance in the event of cancellation of insurance

The lessee shall be the principal driver of the taxi vehicle which is attached to the taxi license plate

This Collective Agreement between the parties shall be the entire agreement and there shall be no other fee condition or other obligation except those set out in the Collective Agreement

All leased plates shall remain as such and shall not be converted to rental vehicles for the duration of this Agreement provided there are persons willing to leased said plates

ARTICLE 24 GRIEVANCE PROCEDURE

2401 A grievance shall include any issue regarding the interpretation administration application or alleged violation of this agreement It is the mutual desire of the parties that complaints of the drivers be adjusted as quickly as possible To that end the parties have adopted the following grievance procedure

STEP 1 A driver may bring his complaint to the Supervisor of the Members of the Owners Group If the driver does bring his complaint to the Supervisor he must do so within twenty (20) days of the incident or of he having knowledge of this incident giving rise to the complaint Where the complaint is brought forward it must be given to the Supervisor and the Supervisor shall reply within two (2) working days

STEP 2 Failing settlement of the complaint at Step 1 or where the driver has chosen not to avail himself of Step 1 the driver must file the grievance in writing within twenty (20) days of the incident or omiddotf he having knowledge of this incident giving rise to the grievance The grievance must be referred to the Member of the Owners Group claimed to be responsible andor any other person designated by the Member of the Owners Group Grievances shall be dealt with at the Step 2 meeting which shall be scheduled on the 3rd Wednesday of every month This monthly Step 2

Collective Agreement ccCompanyraquo Page 31

meeting shall be one meeting held at the Companys office Where the grievance involves the discharge of a driver the parties agree to meet within ten (1 0) working days of the filing of the grievance A representative of the Union shall be present at all step 2 meetings The Member of the Owners Group must respond within three (3) working days of the meeting

2402 Should a group grievance or a Union or policy grievance develop it shall be filed at Step 2 within twenty-five (25) days of the incident giving rise to the grievance or of the drivers or Union having knowledge of this incident

2403 Failing settlement under the above the matter in dispute may be taken to arbitration in accordance with article 26

2404 Drivers employed by single plate owners and single plate lessees may not grieve matters or disputes arising between the driver and the single plate owner or single plate lessee A committee shall be set up and made up of equal numbers of Uniondriver and Company personnel to assist in resolving disputes between the drivers and single plate owner and single plate lessee The committee shall have the power to determine a procedure to be followed as well as to determine fault and penalties

ARTICLE 25 ARBIrRATION

2501 After exhausting the provisions of the grievance procedure either of the parties may submit a grievance to arbitration either expedited or formal in writing within thirty (30) days of the Step 2 reply or if there is no reply within thirty (30) days after the expiration of the time limits to provide a reply

2502 Unless otherwise mutually agreed by the parties all grievances referred to arbitration not relating to an indefinite suspension a discharge or any separation of employment or to the interpretation of the collective agreement group grievances and policy grievances shall be referred to the expedited process

Grievances referred to arbitration in respect of indefinite suspensions discharge or separation of employment for any reason or to the interpretation of the collective agreement and group grievances may only be referred to this expedited process by the mutual agreement of the parties

2503 Within fourteen (14) days after notice has been given that the grievance will proceed to formal arbitration the parties shall meet and agree on a single arbitrator If the parties cannot agree on an arbitrator within this time limit either party may request the Minister of Labour to appoint an

Collective Agreement laquoCompanyraquo Page32

arbitrator and this appointment shall be binding on both parties In respect of the cost of arbitration of formal grievances the parties shall share equally the fee and expenses of the sole arbitrator

2504 The formal arbitrator shall have the right to exercise all the powers provided by the Labour Relations Act as amended from time to time

2505 The Arbitrator must hand down a written decision within sixty (60) days of the date of the hearing

2506 As an alternative to the formal arbitration process set out in the foregoing paragraphs a grievance may be referred to a previously agreed-upon person who shall hear the grievance and who shall at the conclusion of the hearing give a decision immediately Such decisions may not be used to alter modify or amend any part of the collective agreement and are made without precedent or prejudice to similar or like cases Such a decision shall be final and binding upon both parties and no further action may be taken on that grievance by any means whatsoever

2507 To maintain the efficiency of this expedited process the parties shall schedule a minimum of one (1) day of arbitration every three- (3) months except in those circumstances where either party deems it necessary to schedule the arbitrator more frequently

2508 The parties shall share equally the fee and expenses of the persons selected to hear the expedited arbitration cases

2509 At all expedited arbitration hearings the Company or Member of the Owners Group shall be represented by a member of their management and the Union shall be represented by a Union staff representative or an officersteward of the Local Union

2510 The Union shall forward to the representative of the Member of the Owners Group a list of the expedited grievances to be heard on the day or days scheduled for the hearing of grievances according to the expedited arbitration procedure The aforementioned list shall be forwarded to the representative of the Member of the Owners Group no later than ten (10) working days in advance of the hearing unless otherwise mutually agreed

2511 By exception a party may call one (1) witness at an expedited arbitration

2512 Prior to proceeding to formal or expedited arbitration and at least thirty (30) days prior to the date of arbitration the parties may upon mutually agreement request that any grievance be referred to a mediator to act as a grievance mediation officer for the purpose of attempting to

Collective Agreement laquoCompanyraquo Page33

mediate a settlement of the grievance The parties shall share equally the fee and expenses of this officer

ARTICLE 26 TAXI PACKAGE

2601 The employer shall provide to the rental driver at no extra cost motor vehicle insurance with a collision provision deductible not exceeding $50000 for each accident at fault

The Owners Group shall also provide to the rental driver at no extra cost comprehensive coverage with zero (0) deductible including but not limited to fire and theft It is agreed and understood that comprehensive coverage does not cover driver added equipment

2602 Each rental driver shall be supplied for a daily twelve (12) or twenty-four (24) hour period at no extra cost a roadworthy safe sedan four (4) door taxicab with proper weather resistant tires for all seasons and with a seating capacity for not less than four (4) passengers containing

2701

2702

2703

1 A roof sign 2 A sealed taxi meter 3 A two-way radio 4 A full size spare tire subject to space limitations 5 A tire tool 6 A jack 7 A mike clip 8 A full tank of gas at start date 9 Air conditioning on replacement vehicle where possible 10 An electric rear window defroster or blower

Any equipment owned by the Owners Group that becomes inoperative shall be repaired as soon as possible

ARTICLE 27 RENTAL CHARGES AND TERMS OF AGREEMENT

This agreement shall take effect upon ratification and be binding on both parties for three (3) years and shall continue for annual periods of one year each unless either party gives at least one hundred and twenty (120) days notice that it wishes to amend this agreement

It is agreed and understood that this agreement will remain in full force and effect until amended by negotiations

Rates shall be as follows

Collective Agreement laquoCompanyn Page 34

712011 712012 712013

Stand Rent (monthly) $43900 $45000 $45900

Plate Rent (monthly) $71926 $75000 $75960

Daily Car Rental 24 hr Regular Plated $9700 $9700 $9700

24 hr Accessible Plated $10500 $10500 $10500 12 hr Regular Plated $6700 $ 6700 $6700

12 hr Accessible Plated middot $8300 $8300 $8300

Credit Card Transaction 50 50 50

Debit Card (per) Transaction $065 $065 $065 (To the Driver)

POS Rental Fee (monthly) $800 $800 $800

POS Insurance (monthly) $300 $300 $300

Note The above rates do not include HST

Note For purposes of car rental rates the weekly rents shall be six (6) times the daily rent

Note It is recommended that drivers use Company supplied POS machines and systems

2704 Employees shall pay all monies owed to the Company in the following manner Monthly By the 5th business day of the month

2705 Any employee failing to pay monies by the above dates and times shall be suspended and not reinstated until the monies are paid in full and credited to their account

2706 Employees shall be entitled to pay their rents to the company by company approved charges cash and cheque - provided the employee has at least one (1) year of seniority

Employee(s) who have one (1) cheque returned NSF shall be suspended immediately upon the company receiving notification from the

Collective Agreement ((Company Page35

bank shall lose such privilege for twelve (12) months and shall be charged the appropriate charges

ARriCLE 28 GENERAL

2801 The Company and drivers shall maintain its internal company charge system and accept major credit cards which currently include Visa Mastercard American Express and Diners Cluben Route as approved by the Company

2802

2803

2804

2805

2806

2807

This system shall continue for the duration of this Agreement so long as external factors outside the Companys control do not prevent the Company from doing so Drivers shall be entitled to cash their charges provided they do not have any outstanding balances at the offices of the Company during the hours of 0830am to 400pm Monday to Friday except holidays The Company shall make available to the employees during normal business office hours receipt cards and credit card slips All credit card charges must be authorized

Drivers shall pay a fee of five (5) of all credit card charges that they redeem

Except as otherwise provided in this agreement all passengers shall be treated in a polite professional courteous and businesslike manner at all times by both the Owners Group and the employees

If requested a properly signed receipt shall be furnished by the owner for all payments made by the driver (If requested said receipt shall show a breakdown of all payments made by the driver and the dates for which they apply) For the purposes of this clause a numbered computer receipt shall be deemed to be signed

The employees who own their own vehicles whether or not they own their own license shall have absolute choice as to where their vehicle is to be repaired andor maintained

No employee either full-time or part-time shall abuse or mistreat any vehicle or equipment (ie roof sign radios meters and aerials)

The Owners Group agrees to work with the Union to lobby the City of Ottawa to allocate stands where necessary and appropriate

The Company agrees to provide the Union with the rules covering the stands controlled by concession agreements

Collective Agreement ccCompanyraquo Page 36

bull

2808 Subject to the provision of adequate insurance coverage all car owners shall be free to place a second driver or a third driver on their vehicles should they require without interference from the Company

2809

2810

2811

2812

2813

2814

In the event the Company refuses an individual employment as a second driver or as a third driver the Company agrees that such refusal may be the subject of a grievance and the onus of proof shall rest with the Company to show just cause for such refusal

The parties agree that no vehicle will have more than three (3) drivers at any one (1) time

The Company shall take reasonable steps to maintain all current concession agreements for the duration of this agreement The Company shall take all reasonable steps to obtain additional concession agreements

The Company shall have a phone line separate from the dispatch office so that drivers business people friends of the office staff may call through middot without having to tie up the dispatchers time The separate phone line may be used by the dispatch office during non-business hours

Time-off without rental fees or loss of seniority will be given to those members of the bargaining unit who are called for jury duty Rental driver(s) must park their rental vehicle(s) at the Companys premises should the jury duty go beyond three (3) days

The Company shall maintain a drivers waiting area As well the Company shall allow the drivers to use the telephone in the office for local calls only pursuant to the current past practice

In the event of an assessment to the CompanyOwners Group by WSIB in relation to the provision of WSIB benefits for the Bargaining unit personnel the CompanyOwners group and the Union agree to renegotiate in good faith the rates set out in Article 2703 Where the parties fail to reach agreement on the issue the matter shall be referred to an arbitrator for full and final settlement

When a customer complaint is received by the dispatcher the latter will advise the customer that an authorized representative of the Company will handle the complaint in an expeditious manner Upon request by the Union the Company shall provide a copy of the computer printout and all other relevant information including but not limited to any taped conversation related to the complaint being investigated The privacy of the customer is paramount and will at all times be respected

Collective Agreement ccCompanybullbull Page 37

2901 (a)

(b)

ARriCLE 29 BEREAVEMENT LEAVE

The Members of the Owners Group agree to grant affected employee(s) the necessary time off of up to four (4) days without fees at the time of death of the following relative(s) of said employee(s) father mother spouse (includes common-law) child brother sister mother andor fathershyin-law

The Members of the Owners Group further agree to grant to affected employees two (2) days without fees at the time of death of the following relatives of the employee sister andor brother-in-law and grandparent

ARTICLE 30 SOCIAL JUSTICE FUND

3001 The Company shall pay to the Union an amount of eight hundred ($80000) dollars per collective agreement year with such amounts being made payable to the CAW Social Justice Fund Inc Said amounts shall be paid by separate cheque by the last day of February in each year of this collective agreement A tax receipt shall be supplied to the Company on receipt of said amount

ARTICLE 31 SAFETY BANQUET

3101 The Company agrees to contribute seven hundred and fifty dollars ($75000) to the Unions annual Safety Banquet in each year of the Collective Agreement

SIGNED THIS DAY OF APRIL 15 2012

FORTH~

~~

Collective Agreement laquoCompanyraquo Page38

Collective Agreement laquoCompanyraquo Page39

SCHEDULE 11 A 11 LIST OF THE OWNERS GROUP

Coventry Connections Inc

Collective Agreement ccCompanyraquo Page40

SCHEDULE nan EXISTING CUSTOMS RIGHTS AND PRIVILEGES

1 There shall be no charge for the receipt cards

2 There shall be no charge for credit card vouchers subject to suppliers (third party) availability and conditions Should the Company pursue a course of action leading to Point of Sale terminals which usage will include Debit transactions Decremental Cards and Credit Cards there would be a charge for paper usage

3 The drivers shall choose their own working hours during their shift

4 Reasonable accommodation shall be given to payment of outstanding debts for accident(s) The following minimum payments are required

A) Up to $1 00000 - $ 1 000 per day

B) Over $100000- $2000 per day

Agreed to on the understanding that this does not apply to spare cars

Collective Agreement laquoCompanyraquo Page 41

SCHEDULE C RULES AND REGULATIONS

1 The following articles of clothing are not acceptable forms of attire at OJS

(a) Sweat pants and shorts except for dress shorts Dress shorts will be allowed from April to Labour Day Drivers caught wearing inappropriate shorts will be given one (1) warning and any future occurrence with regards to inappropriate shorts will cause them to lose the right to wear dress shorts for the duration of that season Shorts can be no shorter than three (3) inches above the knees

(b) T-shirts (except Union decaled T-shirt) without lapels tank tops and muscle s1middot1irts

NB Clothing andor other attire with obscenities profanities or sexually degrading remarks are not acceptable Hair must be clean and neat Faces must be clean-shaven or beards neatly trimmed Clothing must be tear and rip free with no visible patches and is to be cleaned and ironed as required Socks must be worn at all times with all types of footwear except for sandals

2 Drivers must be courteous and pleasant at all times and must conduct themselves in a professional business-like manner

3 There is to be no abusive foul language or gestures directed at customers or the general public

4 Consumption of alcohol or drugs will not be tolerated prior to the commencement of a shift andor while driving

5 There wiil be no arguing and fighting among drivers or other DJs personnel under any circumstances

6 No playing of cards or any other games of chance is allowed at any time when working This includes any form of gambling or betting on the air

7 Profanity or abusive language on the air or in your vehicle is prohibited at all times

8 Use of cell phone during the conveyance of a customer(s) is prohibited

9 Each taxicab and driver shall carry at all times a current street guide Drivers are to make proper use of this guide to avoid unnecessary air time

Collective Agreement ccCompanyraquo Page42

10 Deliveries are to be taken directly to the destination Running other fares while occupied on deliveries will not be permitted unless approved by the dispatcher

11 No messages between drivers are permitted Drivers will receive messages to call home spouse office union office partner or garage

In addition When an authorized Union rep asks the dispatcher to have a member of the bargaining unit call them for union business only this will be allowed and if necessary a phone number will be given

12 Picking up a fare while on the way to an accepted dispatch call will not be permitted

13 Drivers must allow 5 minutes wait at the customers pick-up address

14 Drivers shall take reasonable steps to ensure that they pickup only those fares that they are dispatched to Drivers must check with dispatcher for authorization before taking another fare from same address

15 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical breakdown emergency or any other reason(s) not herein listed the dispatcher shall reshydispatch the fare and suspend the driver for one (1) hour

16 Interference or jamming of the radio is a Federal offence and will not be tolerated

17 When necessary drivers must assist customers with handling of baggage and opening and closing of doors

18 No complaining to customers about short fares or time calls A list of regular short fares will be established and such fares shall be dispatched as Locals

19 At customers request music radio and other sound systems except for the twoshyway radio must be turned off

20 Driver must issue a receipt card upon request by customer Drivers signature must be clearly marked in the appropriate place on the receipt card There is no charge for the issuance of a receipt card

21 No new driver is to commence work until he has been briefed by OJS staff in the operating of our charge account system

22 Some of the guidelines in the operation of our charge account system are as follows

Collective Agreement laquoCompanyraquo Page43

(a) All charges are to be signed with car number (eg-DJ70) and date clearly written

(b) If the fare goes to more than one destination these other destinations are to be clearly marked on the reverse side of the chit

(c) Taxi chits to be signed by the customer and dollar value to be clearly marked

(d) Gift certificates which currently have a maximum value of $500 each are to be accepted at face value and change given as required

(e) Drivers must note on back of chit the drop offpick up address if it is different from address shown on face of chit

Drivers are prohibited from buying other drivers charges whether they be DJS drivers or other cab Companys charges Violation of this rule shall result in the following fines

1st offence -2d offence bull 3rd and subsequent offences-

$5000 per chit $10000 per chit $20000 per chit

plus the face value of each chitCredit Card in all cases

The parties agree that the above penalties are specific penalties within the meaning of the Ontario Labour Relations Act An Arbitrator shall not have the power to alter or modify any penalty imposed under this clause

(f) Drivers must accept all major credit cards approved by OJS Taxi

(g) Drivers are responsible for ensuring that all necessary information is clearly marked on charge vouchers as follows

bull Customers name and signature bull Card number (correct number of digits) bull Expiry date bull Drivers signature and car number (eg-DJ70) bull Ensure proper copies of charges are submitted to the Company for

processing bull No hand written major credit card sales drafts will be accepted

23 All cars are to be cleaned inside and out by 1000 am every day with due regard given to road and weather conditions

Collective Agreement Page44

24 All drivers must ensure that they have change for $2000 at all times and will not be removed from the sheet while getting change provided they are not called

25 No taxicab driver shall charge a passenger for

(a) The cost of proceeding to an establishment for change or

(b) Waiting time while a passenger obtains the change provided the bill presented for payment is of $2000 denomination or less

26 No vehicle to be left unattended with keys in the ignition

27 No person(s) unless authorized by the Company shall accompany the driver in the vehicle while heshe is occupied with a paying fare

28 Taxis must not be left unattended on a OJS taxi concession stand for more than ten (1 0) minutes

29 Only au~horized drivers with valid licenses can operate a taxi-licensed vehicle

30 Roof sign must be removed from vehicle when not on duty or involved in an accident

31 ALL DRIVERS ARE ADVISED THAT IT IS AGAINST THE LAW AND OJS TAXI COMPANY LIMITED POLICY TO REFUSE DOG GUIDES IN THEIR CABS REFUSAL WILL RESULT IN FINES AND DISCIPLINARY ACTION BY THE COMPANY

1st offence - 1 week suspension 2nd offence - 2 weeks suspension

3rd offence - Dismissal No longer working under the OJS roof sign

Accommodating Persons with Disabilities

The Management of OJS Taxi wishes to advise all its employees drivers and others operating under the OJS Taxi roof sign of the OJS Taxi policy with respect to blind passengers whether or not they use dog guides

Under the Blind Persons Rights Act of Ontario no person may either deny any person services customarily available to the public or discriminate against any person with respect to services available to the public for the reason that they are a blind person accompanied by a dog guide

Under the Ontario Human Rights Code every person has a right to equal treatment with respect to the supply of services which includes taxi services

Collective Agreement laquoCompanyraquo Page45

bull

without discrimination because of among other things a disability A disability includes any physical impairment such as being blind visually impaired deaf or hard of hearing

Guide Dogs and Taxi Services Many disabled persons are physically dependent on guide animals in their daily activities Canadians who are blind or visually impaired deaf or hard of hearing or who have other types of disabilities such as epilepsy are dependent on guide animals

Accommodation of these individuals necessitates that they be permitted to take their guide animals with them into taxi cabs Refusing to allow them to do so will infringe on their human rights and is against the Blind Persons Rights Act of Ontario and the Ontario Human Rights Code

This notice will simply repeat what should be apparent to you all that if a blind person with or without a dog guide is refused services by any OJS Taxi driver such actions will result in fines to the driver and other disciplinary action including the possibility of suspension by the Management of DJs Taxi Co Ltd

For more information regarding guide animals please review the attached pamphlet and information sheet published by Dog Guides Canada

Any inquiries concerning this policy should be directed to any member of the Management who will if it is required explain the policy to you

32 Drivers are not allowed in the dispatch office

33 All parking tickets will be paid by the rental driver responsible

34 In order to boost with Company owned taxicabs employees must request an obtain instruction from the garage manager or his designee on the proper method of boosting in order to reduce any risk of injury to the driver passenger and damage to the vehicle(s)

In the event of misuse employees at their discretion may be either disciplined in accordance with the principle of progressive discipline or have the option of reimbursing the Company for the cost of damaged parts

35 Any driver operating a taxi while his drivers license or taxi license is under suspension will be disciplined unless the driver can obtain written proof from the Ontario Ministry of Transport andor the appropriate taxi licensing authority that the driver did not receive evidence that hisher license was suspended or cancelled

36 When necessary or requested all elderly andor disabled customers are to be assisted in and out of taxicab at all times

Collective Agreement laquoCompanyraquo Page 46

37 No stealing fares

38 Drivers are not allowed to book no loads and run the fare

39 Drivers cannot refuse dispatched fares subject to article 1304 andor where the driver believes his safety or health is at risk

40 Failure to come to voice after two (2) requests by the Dispatch Supervisor will result in the Driver being suspended in the computer

41 Dispatch staff will not make phone calls for drivers unless it is an emergency situation

42 There shall be no personalization of any fares or trips placed through the Dispatch System of OJS Taxi except for returns east of but not including the Civic Hospital within the same twenty-four (24) hour period Where a return-call has been prearranged through the Dispatch System prior to the initial call being dispatched then the return-call cannot be personalized

43 Drivers will pay monies owed to the company by 400pm on the day that they are due No driver with an outstanding balance will be allowed to book on the sheet until their account is paid in full to the business office This means credited to their account and a receipt issued

44 Dispatchers shall give the line-up every thirty- (30) minutes except for the months of December January and February On implementation of the Computerized Dispatch this clause will be eliminated

45 All deliveries shall be given out as regular calls except where provided in this agreement and all employees shall have the option to refuse to deliver alcohol When a dispatcher requests a driver to call him for information concerning a delivery the dispatcher will first give the delivery address over the radio to ensure the delivery is being dispatched correctly

46 When drivers book out of their cars to attend scheduled complaint meeting appointments they shall be allowed to remain in their spot on the line up queue passed by for fares and treated by the dispatch as if they are no longer on the sheet

When the affected driver returns to his car and books back in he shall be returned to his position in the line up queue and given his next rightful fare

The maximum time a driver shall be allowed to book out for a complaint meeting is one half-hour

Collective Agreement laquoCompanyraquo Page 47

This rule shall only apply if the affected driver does not incur any discipline as a result of the complaint meeting

47 All cabs at DJS Taxi must have a mike clip and the clip must be used Drivers must pick up their mike when communicating

48 Drivers using vans as taxicabs must have and make use of (when requested or required) a portable step to assist passengers in and out of their vehicles

49 All taxicabs must be free of any body damage and any damage must be repaired within ninety- (90) days

50 Roof signs must be kept in good working order and condition with Company approved logo clearly visible front and rear

51 In order to ensure equipment is compatible with computer dispatch system all new radio equipment must be approved by the Company prior to installation

Collective Agreement laquoCompanyraquo Page48

SCHEDULE D CREDIT CARD POLICY amp PROCEDURES

DRIVERS MUST ACCEPT ALL COMPANY APPROVED CHARGES CREDIT AND DEBIT CARDS

DRIVERS MUST HAVE A POINT OF SALE UNIT AND A MANUAL PRINTER PER CURRENT BYLAW CITY OF OTTAWA

Due to the increased use of fraudulent Credit Cards by customers in taxicabs the following procedures have been developed to protect drivers from falling victim to Credit card fraud When accepting Credit cards the following rules must be followed

Credit and Debit Cards- the following rules must be followed

AUTHORIZATION OF ALL DEBIT AND CREDIT CARDS

All Credit Card slips must be authorized regardless of amount Verification is generally done after the fare is completed but verification of an estimated or known amount can be done prior to the completion of the trip if

bull The destination is beyond the radio coverage area bull The driver has reason(s) to suspect the validity of the card

INFORMATION REQUIRED FOR ACCEPTANCE OF DEBIT ANDOR CREDIT CARD SLIP FOR PAYMENT The completed Credit Card slip must contain all the following information

(a) Vehicle Number (pre-printed on POS slip if not to be written by hand at the bottom of the slip)

(b) Drivers ID Number and Initials (c) Amount of fare and gratuity (if applicable) (d) Authorization number (Pre-printed on POS slip) (e) Date of the fare (Pre-printed on POS slip) (f) The Debit or Credit Card must be swiped at all times (in the event that the

receipt does not print imprinting Credit Card only on manual imprinter is acceptable with customers signature but the imprint of the card number has to be clear) In the case of a swiped transaction part of the card number will display per Credit and Debit Card industry rules

(g) Customers signature clearly written (Credit Card only) marked TRANSACTION COPY We will accept the CUSTOMER COPY as long as it has the customers signature Debit POS slips are to be submitted marked TRANSACTION COPY NO SIGNATURE IS REQUIRED

Collective Agreement laquoCompanyraquo Page49

DISPUTES BY A CUSTOMER

Should a debit or credit card slip be disputed by the customer their bank or other financial institution the company will investigate If such investigation proves fraud or error by the driver the driver will be charged back for the full amount of the charge

If the disputed transaction was processed on a non-company unit a $500 plus HST charge plus the value of the charge will be debited to the drivers account The Company will refund the customer for the value of the charge

Should a customer andor driver report that the charge has been approved more than once the Company will investigate The Company does not allow any refunds in the taxicab Drivers can void a transaction but this must be done before Batch Closing the transaction A Void can only be done in the presence of the customer as the card (debit or credit) must be present The driver can then re-swipe the card for the correct amount The Company publishes a toll free number for customers or drivers to call with any concerns about a transaction If a customer has been charged more than once for the incorrect amount the following procedures apply

Credit Card

The Company will verify that the customer was charged multiple times or has been over-charged and issue a refund as necessary The Company will send a copy to the customer upon request All refunds are processed on a Point of Sale unit or Virtual Merchant (on-line) The Company may contact the driver to determine the validity of the customers details

Debit Card

The Company will verify that the customer was charged multiple times or has been overcharged and issue a cheque refund as necessary The Company keeps a copy of the cheque issued

GENERAL INFORMATIONGUIDELINES

1 If the driver has overcharged the customer and has been paid the incorrect amount the Company will adjust the drivers account and provide a receipt The Company maintains a log in the even there is a dispute by the driver or the customer If the driver reports the overcharge that is logged on a Customer Incident Form which has a Control Number

2 Hand written Credit Cards will not be accepted All Credit Cards must be passed through a manual imprinter which clearly shows the full credit card number If the credit card number is not clear and cannot be authorized

Collective Agreement laquoCompany Page 50

the driver will face debitchargeback of the amount as it cannot be authorized

3 The only Credit Cards accepted by Taxitab a division of Coventry Connections Inc are

i Visa ii Mastercard iii American Express

Note Visa Mastercard and American Express all issue prepaid credit cards these are all accepted

4 Taxitab a Division of Coventry Connections accepts Debit Cards for Canadian Financial Institutions Debit Cards for foreign banks may not

work on the unit Visa Mastercard have commenced issuing Debit Cards these are all accepted These cards are clearly marked on the face of the card with the Visa and Mastercard logos

5 The following items are to be checkedverified by the driver upon presentation of a Credit Car (a to d) Debit Card (d only)

CHECK LIST

(a) Expiry Date Ensure the card is valid Check to be sure that the Card is not being used beyond the expiry date printed on the card If the card is expired refuse to accept it

(b) Altered Cards Check to see if the card has been noticeably altered in any way If it has been refuse to accept it

(c) Card holders name and signature Check that the signature on the Credit Card slip is the same name printed on the card At the same time check that the signature is the same as the signature on the rear of the card If there is no signature on the rear of the card ask the customer to sign it as you are required to check this

If in doubt ask to see some other form of identification (preferably one with a picture and signature) that ensures that the person using the card is who they say they are

(d) Amount of fare and gratuity (if applicable) The amount of the Debit or Credit card slip must be equal to the amount of the fare and the gratuity (where applicable) Each amount should be entered in their respective places and only by the customer unless otherwise directed In the case of a Debit Card customer must always enter their PIN number to

Collective Agreement ltbullCompany Page 51

authorize the card Drivers must remind customer that the TIP field comes first followed by the PIN number

(e) $150 Surcharge

Debit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated by the City of Ottawa By-Law The $150 charge is prompted by the point of sale unit automatically The Driver receives 65cent of the $150 for every transaction

Credit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated in the City of Ottawa By-Law The $150 charge is NOT prompted by the point of sale unit automatically The driver adds the $150 to the metered amount and enters this total in the base amount field

6 CAUTIONS

7

(a)

(b)

(c)

Bank Card only have the Bank name on the card

Credit Cards are identified by the VISA MASTERCARD AMERICAN EXPRESS OR DINERS CLUB-ENROUTE symbols Only Cards with these symbols will be accepted

Credit Cards will have a holographic image on the face of the card

CASH ADVANCES

The use of Credit Cards for cash advances in the taxicab is not permitted Credit Cards must only be used in the taxicab for paying for an actual fare Anyone using a Credit Card in a taxicab to obtain cash advance is most likely using a stolen or fraudulent card

8 OUT OF TOWN FARES

For the drivers protection it is suggested that for fares going out of town and the customer wishes to pay by Credit Card it is recommended that the driver authorize the fare at the beginning of the trip (dispatcher can give an estimated amount) If there is a difference process the difference at the end of the trip There is a pre-authorization feature available for Credit Card only on the Point of Sale unit The Company can activate this on driver request but the driver must be

Collective Agreement ccCompany)) Page 52

bull

9

given correct training for this There are several steps involved with pre-authorization that must be followed before batch closing

BATCH CLOSING

Drivers must close transaction in the terminals at the end of their shift Credit Card authorizations only remain in the terminal for five (5) days after that the processor closes them automatically Drivers must batch close all credit cards no later than four (4) days in order for the items to appear on the batch close report

Batch Close reports will print separately for Debit and Credit Cards and list the details of the transactions in the terminals showing the card type and the last four (4) digits of the card involved This Batch close cannot be reprinted drivers must hold on to them Attach the slips to the Batch Close and bring to the cashier The cashier will verify the attached slips are on the batch close and proceed to pay or credit the driver assuming all slips are authorized and complete (as discussed above under (1) Authorization Procedures)

The following circumstances regarding Batch Closes will apply

(i) Batch Close with All Debit and Signed Credit Card slips- Driver will be paid or credited at time of presentation at a cashiering station

(ii) Batch Close- No Debit Slips if the batch close shows a Debit Slip and the driver has misplaced or lost the slip the Driver will be paid or credited at the time of presentation at a cashiering station

(iii) Batch Close No Credit Card Slip- No Slip No Payment at time of cashiering (driver is to go to Driver Admin in this instance) If the driver has a signed manual slip and the last 4 numbers of the card match those on the batch close the slip will be accepted by the cashier

NO BATCH CLOSE REPORT -If a Driver has lost or misplaced Batch Close report the Driver is to go straight to Driver Admin (not cashiering) The Driver is to bring the receipts (if there is a credit card slip with no signature there is a separate procedure for this below) he has for which he has not batch close Driver Admin will initiate a Batch Close Incident Report which has a Control Number for future reference The Procedure is as follows

(i) Driver Admin to Photocopy all Slips and write the Control from the Batch Close Incident Form on the photocopy and date the sheet The

Collective Agreement ccCompanyraquo Page 53

bull

bull

Driver is to keep this in the event of a dispute or apparent nonshypayment in account

(ii) Driver Admin will complete the top copy of the report attach a copy of the slips The Driver will complete the bottom part of the report and sign it

(iii) Management will need 72 hours (three business days) from the date of Incident Report to investigate the transaction has been settled in the POS unit

(iv) Providing Management confirms the transaction is complete the slips will be credited to the Drivers account and a receipt will be printed A copy of the receipt is attached to the Batch Close Incident Report The Control from the Form is entered when the the amount is credited for reference A receipt can be printed at that time by cashier

(v) In the event that a driver does not have a Batch Close and presents a credit card slip with no signature the following will apply

(vi) If the Driver experiences a problem with the Batch Close or operation of the unit the Driver is to bring the unit to the office during normal hours Management will investigate the issue and call Driver to reshyissue the unit completing paperwork for the replacement unit which the driver will sign

Any driver attempting to defraud a customer by processing a debit or credit slip more than once will be terminated

Collective Agreement laquoCompany)) Page 54

bull

bull

SCHEDULE E STOLEN FARE POLICY

Whenever the Dispatch Supervisor receives a complaint that a fare either dispatched to the complainant or from within the same block of taxi standconcession on which the complainant is parked has been stolen and the identification of the accused is made known the Supervisor shall

(a) Bring the accused to voice and notify himher of the allegations

(b) Inform the complainant that a deposit of forty dollars ($4000) must accompany his accusation and to be deposited within one (1) hour of the complaint Where applicable inform the complainant that the accused wishes to challenge the allegations and the date and time of the hearing shall be known to both parties

(c) A failure of either party to attend the hearing will result in an additional fine of forty dollars ($4000) to be paid within sixty (60) minutes of the conclusion of the hearing or a suspension ob the absent party until payment is received

(d) Inform the accused of the available options

(i) Arrange for repayment of the fare in its entirety to a minimum of forty dollars ($4000) to the complainant a Union representative or the Company on behalf of the complainant within sixty (60) minutes or

(ii) If the allegation is being denied and the accused wishes to refute it forty dollars ($4000) must be deposited at the dispatch office within sixty (60) minutes with a notification to the Dispatch Supervisor that the allegation is being challenged

Where the accused fails to respond to two (2) voice messages or refuses to comply with (c) the accused shall have dispatch services suspended until in compliance or the Company receives instructions from a Union Representative to do otherwise

The penalty for a wrongful accusation is the payment of forty dollars ($4000) to the accused by the accuser in addition to the return of the accuseds deposited payment

It is understood and agreed that the action(s) of the Dispatch Supervisor(s) in the compliance of this Policy is not to be construed as a determination of who is the guilty party In all disputes regarding stolen fares the Committee shall make the final determination with respect to guilt

Collective Agreement laquoCompany Page 55

bull

bull

Note Such fare(s) will not be considered as Stolen Fare(s) if picked up by driver(s) arriving on the Concession(s)Taxi Stand(s) prior the driver(s) who accepted the dispatched fare(s)

Collective Agreement ((Company Page 56

bull bull

APPENDIX 1

PLATE CAR LESSEE IND START LESSEE START

1 1027 5027 ADAM GRANT 1 91111986 111987

2 1015 5015 TIMS VAUGHN 411995 411995

3 1043 5043 MARTON FERENC G 10251995 10251995

4 1050 5050 DUBOIS JOHN 12111994 311996

5 1048 5048 SUNIL JOSHI 1111994 711996

6 1030 5030 SLIM MOHAMED 711996 7111996

7 1041 5041 JAMALEDDINE ZAHER 911996 911996

8 1040 5040 MAHEUX FRANK 11151996 181997

9 1109 1 5109 ASTLEY JAMES 1011994 1131997

10 1045 5045 MELHEM SAMIR 1211996 9211997

11 1028 5028 LABINE ANTHONY 10151980 11281997

12 1054 5054 ELmiddotNEMER NEMER 11131997 21271998

13 1113 5113 WEAGANT BROCK C 82211988 3131998

i

14 1039 5039 SOBH HAC HEM 11171997 5111998

15 1044 1 5044 MOUFARREJ RAYMOND 10241996 1161998

16 1042 5042 MCCONVILLE BILL 311992 11111998

17 1107 5107 GIANNAKOS LOUIS I 9111997 491999

18 1026 5026 VERMA LALIT 51261996 5311999

19 1033 5033 MITCHELL BRUCE 111987 9301999

i

20 1108 5108 PAPPAS CHRISTINE 121111991 1041999

rmiddot 1014 5014 NYTRA BEDRICH 961996 3302000

22 1000 5000 ABOUmiddotARRAG SAM I 611997 7132000

23 1038 5038 MUNROE JOHN 1111977 492001

24 1022 5022 RADULESCU GELU 611999 5232002

25 1139 5139 HASSOUN I MOUFID 71211999 8152002

26 1006 5006 SADER I GHASSAN 6211999 292004

27 1029 5029 CLAYTON GREG 911980 21132004

Collective Agreement ccCompany Page 57

bull

28 1034 5034 IBRAHIM 12301995 4302004

29 1037 5037 ABDALLA HASSAN I 3312000 2202006

30 1010 5010 HASSOUN AD NAN 8272001 312006

31 1031 MASSOUD 1241998 312006

32 1 1o35 5035 JANCO 911992 362006

1 33 1036 5036 SINGH BALWANT 92211999 3172006

Collective Agreement ltltCompanyraquo Page 58

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 11: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

suspended employee shall not be entitled to operate on any Company taxi stand while under suspension

ARTICLE 10 NON-DISCRIMINATION

1001 The Owners Group shall not discriminate against employees with respect to terms and conditions of employment on any of the prohibited grounds named in the Ontario Human Rights Code or on the grounds of union activity

1002 There shall be equal opportunities regardless of sex in all facets of the Company and the Owners Group business governed by this agreement

1003 No employee shall be required to retire on the grounds of age

ARTICLE 11 STRIKES LOCKOUTS PICKET LINES AND LABOUR DISPUTES

11 01 There shall be no strikes or lockouts so long as t~1is agreement continues to operate The word strike and the word lockout shall be defined in accordance with the definitions set out in the OLRA 1995 as amended

1102 Employees in the bargaining unit shall have the right to refuse to cross a picket line andor refuse to handle struck work in connection with a labour dispute

11 03 Failure to cross a picket line or handle struck work shall not be considered grounds for disciplinary action or otherwise be a violation of this agreement

1201

(a)

ARTICLE 12 DISPATCH

The Company shall supply maintain and operate a computerized dispatch system to provide fair and equal distribution of all calls trips or parcels received by the Company Computers in vehicles shall be serviced and maintained in working condition by the Company as the need arises

1202 The Company shall ensure that all requests for taxicab service are dispatched through the dispatch system of the Company and shall only be dispatched to licensed taxicabs in an equitable manner as determined by the terms of this agreement

Collective Agreement ccCompanyraquo Page9

1203 The Company agrees that the geographic locations of the stands which shall include backup stands shall be outlined in APPENDIX 1 and attached to this agreement Modifications can be made from time to time with the written approval of the parties

1204 The Company agrees that the current phone number (613) 829-9900 shall be used offered andor advertised for the dispatch of taxicabs operating under the Companys roof sign The Company further agrees that the telephone number (613) 829-9011 shall continue to be used for the dispatch of taxicabs operating under the DJs Taxi roof sign The parties agree that this latter telephone number shall not be advertised for DJs Taxi Co Ltd middot

1205 middot1n cases of abuse of the cheater switch the Union agrees that computer records of call-backs shall be prima facie proof of the abuse alleged by the Company Nothing herein shall be construed to condone or permit the use of the cheater switch Violations of this sub-article shall be considered grounds for discipline

1206 All requests for non-metered taxi service or other special taxi services shall be distributed in a fair and just manner

1207 Dispatchers phone staff and supervisors shall not dispatch any call or trip to any driver or on behalf of any driver by means of a pager or other similar communications device including but not limited to telephones with the exception of Para Transpo runs which shall be distributed in accordance with Appendix 3

1208 The Company shall ensure that there is no preferential treatment to any individual in respect of taxi dispatch services

1209 The Company shall employ a sufficient number of trained staff to serve the business in an efficient and expeditious manner

1210 When the Company dispatches a fare to an address that is different from the stated address of the caller the Company shall pay twenty dollars ($2000) to the driver dispatched

1211 The Company shall ensure that no derogatory remarks andor profane language is directed by the dispatchers and phone staff to drivers and vice versa The Company shall ensure that dispatchers and phone staff perform their duties in a polite businesslike and courteous manner at all times

1212 When a cancellation is received through the computerized dispatch system within the lead time of the Zone of the original call being placed

Collective Agreement laquoCompany)) Page 10

and the telephone number given at the time of the cancellation matches the telephone number given at the time of the request for the taxicab andor when a vehicle is dispatched to a non-existent address that is confirmed by the dispatch Supervisor the vehicle sent to that address would be placed in the first available position in the priority queue (given a No load)

bull No Load Priority Cancellation Local Incomplete Address

1213 In the event of a failure or malfunction of the computerized dispatch system the Company agrees that after a maximum of ten (10) minutes the addresses of the calls waiting will be made known to the drivers by voice In the event the server(s) is down for longer than twenty (20) minutes the Company must credit every driver in the bargaining unit an equal amount using the following formula five hundred dollars ($50000) divided by the total number of drivers in the bargaining unit to a maximum of two (2) crashes per month The Company will be entitled to two (2) downtime occurrences per month for upgrading and maintaining dispatching software and call centre hardware The Company agrees to notify the Union of the time and date of any organized shutdown The Company shall use its best efforts to have the shutdown during non-peak hours

1214 The Company agrees that dispatchers shall co-operate in every way possible to aid an employee who reports himself in danger The dispatcher shall not assess for himself the degree of urgency in any distress call and shall utilize nearby taxicabs andor police to provide aid

1215 (a) Time Calls

Time calls are prearranged calls Pre-arranged fares going to the Airport Train or Bus Station or downtown will also be considered a time call Time calls will be dispatched fifteen (15) minutes prior to the requested time to the first car booked on the corresponding stand

Out of town fares are calls reserved at least one ( 1) hour prior to the requested time It must have an estimated destination exceeding 100 kms or be on the middotflat rate sheet These fares will be dispatched forty-five (45) minutes prior to the requested time

The dispatcher may increase lead-time for time calls or out of town calls if weather traffic road conditions or the distance to locations warrant it

Collective Agreement ccCompanyn Page 11

(b) No information will be given out by the dispatch staff concerning fares coming into the Company office except for requests concerning the number of time calls to be dispatched between the next time period of 330 am - 630 am Dispatchers shall upon request inform the driver of the number of time calls to be dispatched during the next time period of 330 am - 630 am Dispatchers shall not give out any information with reference to the location of any time calls

1216 It is agreed that any concessiontaxi stand fares must be dispatched to drivers booked on the sub zones If no drivers are booked on the sub zone the fare will be dispatched as a regular fare If no drivers are booked on the zone the fare will be displayed on the main zone only as a fare waiting

1217 Attributed Call

These are calls where a special circumstance is made known to the Callshytaker and drivers are not forced to accept

Attributed calls shall include calls originating from the following locations or where the special circumstance indicated is made known to the phone staff

1 Bars -(except those listed as Messages) 2 Parcels 3 Wheel Chairs 4 Animals -(except guide animals) 5 Bicycles 6 Moving Jobs 7 Station WagonsNans 8 Boosts 9 No-Van Calls

Calls originating from the following addresses will be sent out as messages however should there be a Call-back for any of these addresses the Call-back shall be dispatched as a Local to the first car booked on the appropriate Zone

(a) OConnorsAMC Theatres (Kanata Centrum)

(b) Vox LoungeCock amp Bull (Bells Corners) (c) Park n Rides

(i) Baseline Station (ii) Fallowfield Station

(d) Grace OMalleys (Merivale and Capillano)

Collective Agreement ccCompanyu Page 12

1218

(e) (f) (g) (h) (i) (j)

Sergeants Pump (Merivale Rd) Coliseum Theatres Bayshore Transit Eagleson Transit Station Kanata Town Center Terry Fox Transit Station

For the purpose of article 1224 the following hours are considered peak periods

(i) During the months of November December January and February Mon - Fri 700 AM - 500 PM Thurs - Sat 500 PM - 300 AM New Years Eve 500PM-500AM New Years Day

(ii) During the months of March April and October Mon - Fri 700 AM - 300 PM Fri amp Sat 11 00 PM - 200 AM

(iii) For Canada Day 400 PM - 200 AM for

Christmas Day New Years Day (except as outlined above) Good Friday Easter Monday and Thanksgiving Day are exempt from the above

1219 Fares originating in the City of Ottawa and any other points west of Ottawa including Richmond Ontario shall be dispatched to the first taxicab appropriately booked on the corresponding stand

1220 Weather permitting there should never be a call back from customers due to the late arrival of a cab All fares accepted must be serviced without delay All stands will have a maximum response time limit of fifteen (15) minutes Phone personnel will tell customers that the cab will arrive within 10-15 minutes please be ready

Should the Company receive a Call-Back after the lead-time of a dispatched fare discipline shall be applicable to the affected driver(s) as follows

(a) 1st Offence First written warning and a fine of $2000 will be imposed and collected by way of the drivers account

(b) 2nd Offence Second written warning and a fine of $3000 will be imposed and collected by way of the drivers account

(c) 3rd Offence- Third written warning and a fine of $5000 will be imposed and collected by way of the drivers account

Collective Agreement ((Companyraquo Page 13

(d) 41h Offence- A final written warning and fine of $7500 will be imposed

and collected by way of the drivers account

(e) 5th Offence- Dismissal

Monies collected shall be used to appease dissatisfied customers and to advertise the DJs business

1221 Locals I Freebies

1222

1223

1224

a) b) (c)

These are calls that are dispatched to the first car booked in a Zone (Stand) and the driver accepting said call has a maximum of thirty 30) minutes to complete the call and rebook on the same stand the call was dispatched from in order to be placed in the first available position in the priority queue

Locals shall include calls originating from the following locations

Major shopping centres Groceries A list consisting of a maximum of five 5) addresses

When being dispatched on the Computerized Dispatch System Fare Waiting shall mask all calls or trips for the duration of this Agreement

No calls trips or parcels shall be dispatched on voice except where provided in this Agreement

In recognition of the fact that the Company operates a multi-fleet dispatch operation the Company and the Union agree that the staffing levels of the dispatch operation to service the DJs fleet shall always be no less than one (1) call taker and no more than middotfive 5) call takers One (1) call taker shall always have priority to respond to DJs calls with the balance of the call takers having secondary priority on a cascading basis To address any problems arising from dispatch issues the parties agree to establish a Dispatch Committee of equal representation to meet at mutually agreeable time frame upon request of either party within fifteen (15) days of notice being given by either side Issues may include but not restricted to hardware software or manpowerstaffing The Parties agree to address any such issue in an expeditious and fiscally responsible fashion

When the DJs fleet reaches one hundred and thirty (130) taxi cabs the Company shall add a second call taker having priority to respond to DJs calls but only during peak periods When the DJs fleet reaches one

Collective Agreement laquoCompanyraquo Page 14

hundred and sixty (160) the Company shall increase the number of call takers to two (2) having priority to respond to DJs calls at all times

1225 A list of persons and addresses owing money to drivers for fares not paid shall be compiled by the Company and kept in the dispatch office at all times No requests for taxicabs or specialty services excluding school and contract runs shall be dispatched to these persons andor addresses until the monies owing are paid

1226 Dispatchers phone staff and supervisors shall not remove falsify alter any request for taxicab service placed with DJs taxi dispatch service

1227 The Company shall ensure that dispatchers phone staff or supervisors shall not accept money or other forms of favour or inducements from any person where the objective of such payment is the granting of preferential treatment to any individual in respect of dispatch services

1228 When a call back is received after the lead time of the call in question the dispatch supervisor will send two 2) voice messages at least one (1) minute apart for the driver to come to voice If the driver fails to respond the call will be re-entered as a local call and if said driver is booked into the system heshe will be suspended until there is a response Drivers failing to go on or being late on their calls will be further disciplined in accordance with progressive discipline

1229 The Company shall discipline any driver who assigns a dispatched fare to another driver

1230 (a) The discipline or discharge of a driver who has completed hisher probationary period shall be grievable in accordance with Article 24 of this Agreement The Company agrees that it shall apply the principle of progressive discipline However the Company reserves the right not to apply the principle of progressive discipline for certain offences based on their severity

(b) The Company shall discipline any driver as follows for the specific offences listed below

i) Assigns or redirects a dispatched fare to another driver operating under the OJS roof sign as follows

a) 1st offence- 1 shift b) 2nd offence- 2 shifts c) 3rd offence - 3 shifts

Collective Agreement laquoCompanyraquo Page 15

(ii) Cancels a fare already inputted into the Ziptrack Dispatch System as follows

(a) 1st offence- 1 shift (b) 2nd offence - 2 shifts (c) 3rd offence- 3 shifts

(iii) Telephones the Ziptrack Dispatch System with an illegitimate call as follows

(a)

(b)

(c)

1st offence - 2 shifts and $2500 to the affected driver pajable by the offending driver 2n offence - 4 shifts and $2500 to the affected driver payable by the offending driver 3rd offence - termination of employment

(iv) Assigns or redirects a dispatched fare to another driver operating under another roof sign as follows

(a) 1st offence- termination of employment

For purposes of this provision one (1) shift is a period of twelve (12) consecutive hours for a twelve (12) hour driver and twenty-four (24) consecutive hours for a twenty-four (24) hour driver

1231 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical break down emergency or any other reason(s) not herein listed the dispatcher shall re-dispatch the fare and suspend the driver for one (1) hour

1232 Definitions

Accessible call means a valid request for an accessible taxicab by a person with a wheel chair or is otherwise defined by any statute or regulation thereof

Accessible Driver means a driver who is qualified to drive an accessible taxicab under the applicable By-laws of the City of Ottawa

Accessible Plate means a licence for an accessible taxicab that is issued to a person who has qualified to hold an accessible licence under the applicable By-laws of the City of Ottawa

Collective Agreement laquoCompanyraquo Page 16

middotAccessible Taxicab is a taxicab which is designed to accommodate one or more individuals who require the use of a wheelchair without the need to transfer the individual from the wheelchair which vehicles are otherwise subject to federal and provincial legislation applicable to the transport of Physically Challenged Persons and in respect of which an accessible plate has been issued

Attribute means in respect of a vehicle the association with that taxicab in the Ziptrack dispatch software system of a special feature (or restriction) for that vehicle required for specific types of fares

Call means a request for taxi service received by Ziptrack by a telephone call to the DJs Taxi number 829-9900

Cover or Covered as applicable to a fare means there-dispatch of a previously accepted fare at the request of the accepting driver for valid reason (mechanical breakdown accident or other emergency) in accordance with normal dispatch procedures

Taxi Stand means a space on private property for taxicabs operating under the DJs Taxi roof sign specified under an agreement between Coventry Connections Inc or Ziptrack Inc or a space specifically designated as a taxi stand from time to time on a public street or other public space by the City of Ottawa

Accessible Vehicle Dispatch

(a) It is agreed that calls placed through the dispatch system for an accessible taxicab shall be dispatched only to accessible taxis defined by the dispatch system as an Attribute Where there are no accessible taxicabs booked into the dispatch system and available to accept a call such call shall be displayed as being available on the fare broadcast screen

(b) An accessible taxicab may be dispatched as a standard sedan taxicab at anytime that it is not dispatched on an accessible fare An accessible taxicab shall not be given priority for any type of fare other than an accessible fare An accessible taxicab shall be booked off all zones when any fare is accepted or rejected

(c) The driver of an accessible taxicab is not authorized to reject an accessible fare if he is booked on the dispatch system or is in a queue at a taxi stand or company concession Failure to accept an accessible fare shall be deemed a rejection of an accessible fare and shall be subject to discipline

Collective Agreement ccCompany Page 17

1301

1302

1303

1304

(d) In the event that a driver of an accessible taxicab who has accepted an accessible fare requests to be covered and where such request is granted the driver shall be booked off the dispatch system for a minimum of one (1) hour or until the fare is covered

(e) The driver of an accessible taxicab that rejects or is deemed to have rejected an accessible fare under paragraph (c) above shall be booked off the dispatch system until one ( 1) hour after the accessible fare has been accepted and or service (the record of which not withstanding sub-Article 908 of the Collective Agreement shall be kept for five (5) years

(f) All accessible calls shall be masked by ACCESSIBLE FARE WAITING

(a)

(b)

(c)

(d)

(e)

ARTICLE 13 EMPLOYEES DUTIES

All employees shall perform their duties in a business like professional and courteous manner and shall not use abusive language on the air to customers or to Owners Group Staff

All employees shall be neatly dressed well groomed neat and clean in personal appearance

All employees shall give a receipt on the authorized form of the Owners Group showing the date car number and drivers name when requested to do so by the passenger or whenever there is a dispute over the fare

Subject to the above and except when he has a previous engagement ttle employee shall serve the first person requiring the service of his taxicab except when the prospective passenger

Is disorderly or abusive or poses a health or safety risk In cases of disputes involving intoxication andor health and safety risk and while the well being of the driver is of paramount importance extreme caution and sound discretion must be exercised prior to any refusal At all times the nature of the business that being a service Industry must be borne in mind so each and every situation must be measured on its own merit by the driver

Is in possession of an animal other than a Guide Animal or

Refuses to state his final destination upon entering the taxicab or

Has not paid a previous fare or

Refuses to pay in advance for flat rate out of town trip(s) or

Collective Agreement laquoCompanyraquo Page 18

(f)

1305

1306

1307

1308

1309

(a)

(b)

(c)

Has called two (2) cab companies for the same fare

In the event a driver discovers a lost object in the taxicab he shall immediately advise the dispatch supervisor of his findings with a description of the object an approximate idea of who might have left said object along with the pick-up and drop-off addresses of the customer if possible

Within twenty-four (24) hours of an objects discovery the driver shall take said object to the nearest Ottawa police station or to the Ziptrack Inc dispatch office at no cost or when directed to do so within the above mentioned twenty four (24) hours A receipt for said object will be issued if requested

Subject to Article 1305 should the customer wish the immediate return of the lost object the dispatcher shall notify the customer of the approximate metered cost of return from the location of the driver at that time and the employee shall return the object immediately to the customer at the standard metered rate

No employee shall be forced to violate a Municipal Provincial or Federal Law or regulation in the performance of ~1is duties

The Company shall provide the drivers with a list of all current flat rates Upon any changes to said list a new list shall be issued within thirty (30) days following such changes

No person(s) who will be driving under the DJs roof sign except for rehires who have been absent for less than three (3) years shall be hired or permitted to commence employment until

Heshe has successfully passed the test which the Company shall devise and administer with regard to the operation and knowledge of the taxi related Industry Said test shall include but not be limited to the knowledge of the Ottawa-Carleton area but with an emphasis on the areas directly affected by this collective agreement

Orientation by the Operations Manager or his designee on the DJs Taxi charge system

Heshe has been given a six (6) hour in-car training session This session will comprise of accompanying the prospective employee for a period of six (6) hours to learn the stands customer relations specific to DJs Taxi two-way radio booking practices and a general familiarization with the DJs environment The cost associated with this in-car training session shall be

Collective Agreement ccCompanyraquo Page 19

$10000 and said cost shall be borne by the prospective employee Failure to pass any portion of this test shall result in a fourteen (14) day waiting period before the applicant will be allowed to re-do the portion(s) of this sub-article which heshe has failed The cost associated with re-doing a) or c) will be $5000 while re-doing both would be $10000

During this waiting period the applicant will not be allowed to operate under the DJs roof sign No person operating a taxicab under the DJs roof sign will be assigned any duties associated with this sub-article

Tests are given on the first and third Mondays of each month on a first come-middotfirst serve basis by appointment Failure to attend for a scheduled date and or time will result in the forfeiture of the appointment and a new date will be booked on a first available basis only

ARTICLE 14 TECHNOLOGICAL CHANGE

1401 Technological Change means but is not limited to the introduction of changes to the present systems the introduction by the Company of additional radio channels computerized dispatching systems or any other mechanical electrical or other system including but not limited to fuel systems at no cost to the drivers

1402 In the event of any technological change the Company shall notify the Union in writing at least ninety (90) days before the introduction of such changes unless prior discussions with the Union have occurred

1501

1502

1)

2)

3)

ARTICLE 15 SENIORITY

Seniority shall be applied in determining layoffs preference for time off and recall from lay off as set out in other provisions of this agreement

Prior to being offered employment an individual shall be required to present to the Member of the Owners Group and the Company all relevant documentation namely

Valid Ontario or Quebec Provincial drivers license with a current provincial driving record with no more than six (6) demerit points at such time and if applicable has been pardoned for any prior conviction for impaired driving

Applicable Taxi Drivers License

Original copy of a Motor vehicle drivers abstract no older than twentyshyeight (28) days

Collective Agreement laquoCompanyraquo Page 20

4) Letter from previous or present insurer (where possible)

5) Work permit if applicable

6) Proof of Union membership

7) Social Insurance Numbercard or verification from appropriate federal government department of such number

8) A clear Police Criminal Record check no older than twenty-eight (28) days

9) Training as set forth in 1309

The above requirements do not apply to a driver who changes status or moves between Members of the Owners Group or Single Plate Owner or Single Plate Lessee provided the driver does not go more than thirty (30) calendar days without being registered on a taxicab except by reason of a proven medical illness Requirement 9 above does not apply to a driver who had previously driven under the DJs Taxi roof sign within the previous twelve (12) months Nevertheless each driver is required to register such changes with the Company To facilitate the drivers ability to register such changes the Company office shall be open from 830 am to 200pm daily except Saturday Sunday and Statutory Holidays

1503 The Owners Group shall recall laid off employees in the reverse order of lay-off

1504 A driver injured or ill should notify the Company and the Union within two (2) weeks of his absence and should arrange to provide a detailed mediqal certificate as evidence of injury or illness and an estimated time of return signed by a doctor in order to preserve his seniority Only an employee returning from an absence of eighteen (18) months or less due to injury or illness shall be returned to his previous vehicle provided that said vehicle is still working as a taxicab if it is not he shall be returned to another vehicle on the same shift he had prior to his injury or illness

A driver replacing another driver who is on sick leave shall be notified of his status by the Owners Group and the Owners Group shall notify the Union of all details

An employee returning within 30 days from an absence due to injury or illness shall be returned to his previous vehicle provided said vehicle is still working as a taxicab and if it is not heshe shall be returned to another vehicle

Collective Agreement laquoCompanyraquo Page 21

1505

(a)

(b)

(c)

(d)

An employee returning to work after thirty (30) days but less than eighteen (18) months from the commencement of hisher injury or illness shall be returned to work displacing the most junior driver driving with the individual member of the Owners Group

Clarity Note (i) A twelve (12) hour driver returning from illnessinjury shall be returned to a twelve (12) hour shift car by replacing the most junior driver driving Should the most junior driver be driving a twenty-four (24) hour car heshe would then be offered the shift remaining after the returning driver has chosen

Clarity Note (ii) A twenty four (24) hour driver returning from illnessinjury would replace the most junior driver and assume hisher shift

Clarity Note (iii) Returning employees shall be given the first available car corresponding to their previous shift

An employee shall lose seniority and as such will cease to be an employee upon

Voluntarily quitting or resigning

Being discharged for just cause and not having been reinstated through the grievance or arbitration procedure

Failing to rent an available vehicle when duly notified of same while on layshyoff except or for certified medical reasons

Being laid off being without a valid work permit or being without a valid Provincial drivers license or appropriate Municipal taxi drivers license for a length of time equal to that employees seniority or twelve (12) months whichever is less

ARTICLE 16 COMMITIEES

1601 A UnionManagement committee shall be appointed consisting of up to three (3) representatives from the Union and up to three (3) representatives from the Company This committee shall meet every six (6) months for the purpose of discussing matters of mutual concern

1602 A safety committee consisting of at least two (2) representatives of the Union and two (2) representatives of the Owners Group shall meet at a mutually agreeable time frame upon the request of either party within thirty (30) days for the purpose of discussing matters of mutual concern Minutes will be kept of each meeting

Collective Agreement laquoCompany Page22

1603 A rules committee consisting of up to three (3) representatives of the union and of up to three (3) representatives of the owners group shall meet at a mutually agreeable time frame upon the request of either party within thirty (30) days for the purpose of negotiating changes to existing rules and for discussing any new rules prior to their implementation

1604 To address advertising the parties agree to establish an Advertising Committee of equal representation to meet at mutually agreeable times upon request of either party within fifteen (15) days of notice being given by either side The Committee shall be responsible for a budget of $2625000 over the term of this collective agreement which sum shall be spent to advertise and promote the DJs business

The parties must agree when and how the advertising will be allocated However the parties agree that advertising would include

bull Flyers bull Newspaper Ads bull Promotional Items (eg fridge magnets) bull Radio

ARTICLE 17 SAFETY AND HEALTH

1701 It is understood and agreed that driver safety is important to the individual employee and to the industry as a whole The Owners Group and employees agree to exercise their rights and to fulfil their obligations in accordance with this understanding The Owners Group will continue to encourage and welcome safety recommendations for the safety and health of drivers during their working hours

1702 The employer shall supply only safe and roadworthy vehicles and the equipment contained therein and the vehicles themselves shall be maintained in good working order Each rental vehicle shall meet the mechanical fitness standards as defined in Provincial legislation

1703 The Company agrees to pay the premiums to an insurer chosen by the Company to provide term life insurance coverage in the amount of ten thousand dollars ($1000000) for all employees provided that the affected employee has a minimum of one (1) year seniority under the DJs Taxi roof sign and is actively working on the day he attains this one ( 1) year seniority

All claims and payments shall be in accordance with the terms of the master policy of the insurer and the Company shall not be liable for any

Collective Agreement laquoCompanyraquo Page 23 middot

bull

non payment by the Insurer This insurance coverage will not be provided to any driver who is 65 years or older at any time during this agreement

The Company shall aid in collecting monies by allowing a cash donation box to be set up at their office for driver(s) involved in serious accidents The Company shall not be responsible for said box

1704 The Company shall supply a safety shield for the company owned rental vehicle when requested by that driver

All rental drivers who request a shield must continue to operate on a vehicle that is equipped with a safety shield so long as said driver is operating under the DJs roof sign provided one (1) is available Company rental drivers working with a shield shall have the option of refusing to operate any spare rental vehicle not equipped with a safety shield However once a driver accepts a spare rental vehicle not equipped with a shield he will be deemed to have given up his right to exercise this option on the same shift

ARTICLE 18 WORK WEEK

1801 The Owners Group agrees that the employees shall determine their work week subject to the provisions of this agreement

1802 The Owners Group agrees that the work week shall be based on seven (7) days

1803 Rental drivers shall pay their weekly rental over six (6) days and have the use of the vehicle for seven (7) days

1804 Stand rents for car owners shall be calculated weekly paid monthly or weekly at the discretion of the employee but limited to one change in the payment structure per calendar year Any reduction is to be calculated on a weekly basis and there shall be no reduction given for anything less than seven (7) consecutive days off except where provided in this agreement

1805 Shifts shall be mutually agreed upon by the partners on the vehicle and in case of dispute shifts shall commence at 400am and 400pm The change-over location shall be mutually agreed to by the partners on the vehicle and in case of dispute change over shall be at the Companys office

ARTICLE 19 STATUTORY HOLIDAYS

Collective Agreement laquoCompanyraquo Page 24

1901 (a)

(b)

All rental drivers (12 amp 24 hours) of the Owners Group shall be entitled to the following days off provided that they have worked more than three (3) consecutive months under the Companys roof sign

All single plate owners (SPO) and single plate lessees (SPL) shall be entitled to the following days off provided that they have completed three (3) months of service under the Companys roof sign and they shall not be charged plate rent or stand rent for said statutory holidays

Employees meeting the criteria outlined in (a) and (b) above shall be given credit for said days whether they choose to work or not Credits for statutory holidays shall be given at the time that payment is made for the period covering the day of the holiday

New Years Day Family Day Good Friday

Victoria Day Canada Day Labour Day

ARTICLE 20 TIME OFF

Thanksgiving Day Christmas Day Boxing Day

2001 All rental drivers (12 amp 24 hours) shall be entitled to four (4) weeks annual time-off

All single plate lessees (SPL) shall be entitled to five (5) weeks annual time-off for which they shall not be charged stand rent for time-off taken During said time-off heshe shall not be charged plate rent for the first four (4) weeks

All single plate owners (SPO) shall be entitled to seven (7) weeks annual time-off During this period they shall not be charged stand rent

SPOs and SPLs outlined above will be granted their requested time-off entitlement provided they have no balance owing and provided that a minimum of one (1) week written notice is given to the individual Member of the Owners Group (MOG) and the Company and provided further that said drivers have a minimum of one (1) completed year of uninterrupted service under the Companys roof sign

In cases of accidents and major breakdowns involving SPO and SPL no notice period will be required for time-off and credits for such time-off will be based on daily increments

Where a SPOor a SPL has used all hisher allotted time off and said SPO or SPL has an accident or major breakdown heshe will be given up to a maximum of ten (1 0) additional days of time off and during said time

Collective Agreement laquoCompanygtbull Page 25

heshe shall not be charged any stand rent subject to proof of inoperability of the vehicle being provided

In the case of SPOs and SPLs extended time-off will be allowed for overseas trips All rents must be paid in advance to cover the time off for the extension

Explanation Car owners time off is only when the car is off the road If the SPO or SPL puts a driver on the car it is not considered part of this time off

2002 Single plate owners and single plate lessees will be responsible for arranging for time off for their drivers

2003 Time off may be taken weekly or bi-weekly at the employees discretion Provided further where the employee has taken a minimum of one (1) week heshe may take additional days) of less than weekly increments) in conjunction with the one 1) week

2004 Time off must be taken during the calendar year and cannot be accumulated over more than one calendar (1 year

2005 The MOG SPL and SPO agree that roof signs taxi plates and all other items (computer equipment will remain with the Company during the employees time-off and in the case of rental drivers the rental vehicle will be returned to the vehicle owner

ARTICLE 21 INSURANCE

21 01 Every car owner has the right to obtain insurance from the broker or Company of their choice without interference from the Owners Group

2102 The Owners Group shall upon written request from an employee who is presently insured by a member of the Owners Group provide written details of claim settlements and accident records

2103 The Company shall provide at no extra cost motor vehicle insurance coverage with collision provision deductible not exceeding $75000 or the cost of repair whichever is less for each at fault accident

21 04 The Company shall provide at no extra cost comprehensive coverage with zero deductible including but not limited to middotfire and theft It is agreed and understood that comprehensive coverage does not cover driver owned equipment

Collective Agreement Page26

21 05 The Company shall provide accident benefit coverage as set out in the OAP 1 of the Ontario Automobile Insurance Act and shall abide by the guidelines and statutory conditions as set out by the Insurance Company with whom the Company is insured

2106 With respect to Articles 2103 2104 and 2106 above which applies to accessible shift vehicles only) the Companys obligation is to provide insurance coverage only Any determination of whether a driver is entitled to insurance benefits andor whether a claim shall be paid or denied in any given situation shall be the sole and exclusive responsibility of the Insurance Company

2107 A driver who is insured through the Company shall provide the Company with a Motor Vehicle Drivers Abstract one month before the annual renewal of the Companys insurance policy A driver shall provide additional Motor Vehicle Drivers Abstracts as requested by the Insurer

21 08 The Companys insurer may judge a driver to be a high risk and may assess a surcharge accordingly A driver who is found tomiddot be a higher risk will bear the cost of any such surcharge

21 09 A driver insured by the Companys insurer who is involved in an accident shall regardless of whether he or she was at fault notify the dispatcher immediately The driver shall indicate whether the accident should be reported to the police and whether the customer or driver require medical attention Following notification of the dispatcher the driver shall remove the roof sign from the vehicle and record to the best of his or her ability all relevant information The driver shall bring the relevant information to the office within 24 hours of the incident excluding weekends and holidays)

2110 Drivers are responsible for the replacement of all lost or stolen antennae andor roof signs

2111 The Company shall pay the full El payments for all rental drivers In the event of an increase in the premiums during the life of this Collective Agreement drivers shall pay the drivers share of the increase

2112 All drivers who are insured through the Company obtained insurance must sign the Companys insurance agreement prior to commencing work The Company shall provide insurance agreements with no more than a $75000 deductible to be paid after the accident The amount shall be paid at the rate of $1000 per shift until fully paid

Collective Agreement ((Companyraquo Page27

ARTICLE 22 TAXI PLATE SALES

2201 1 Members of the Owners Group shall be able to sell plate(s) in the following manner

2202

(a) A notice of its intent to sell plate(s) shall be posted and announced over the dispatch system for a period of three (3) days and shall be offered to the lessees and rental drivers in the bargaining unit

(b) Where there is more than one interested applicant the plate(s) shall be offered based on seniority and plates sold shall be the plate of the most junior lesseedriver

Where the sale will result in the layoff of a driver that driver shall be recalled prior to any new hires by all Members of the Owners Group

2 Where there are no applicants the Member of the Owners Group will sell the last leased plate at their discretion Any driver laid off shall be recalled prior to any new hires by all members of the Owners Group

3 Sale of More Than One Plate at One Time

4

5

The Owners Group has the right to sell to whomever they choose provided that no one is displaced

In the event that the most junior lessee is displaced as a result of the sale of the plate the Company agrees to pay to the displaced lessee no more than fifty-five thousand dollars ($5500000) in the first year of this Agreement and according to the succession plan as outlined in article 23 for the following years of this Agreement This would apply only if the said lessee has complied with the succession plan as per article 23

An individual Member of the Owners Group shall not require any of his drivers to give up their rights under this Agreement and work under another roof sign without the drivers written consent given before a Notary Public for Ontario The Union shall be supplied with copies of the consents

In the case where a Member of the Owners Group is leasing a taxi plate and the Member of the Owners Group has a car under this plate and this vehicle is then rented out on a 12 or 24 hour rental this article then does not apply The Owners Group cannot be held responsible for any damage or compensation that may arise from the actions taken by the 3rd party

Collective Agreement laquoCompanyraquo Page28

2301

2302

2303

1

2

3

4

ARTICLE 23 SUCCESSION AND TAXI PLATE LEASES

Definition

The process by which the lessee of a Company-owned taxi license plate having determined that heshe wishes to retire andor otherwise terminate hisher relationship with the Company and having officially notified in writing both the Union and the Company of hisher intention to do so offers the opportunity to hisher driver to be the lessees successor all in accordance with the conditions sot out in this Article

In order to be eligible to offer a lease for succession the lessee must have been a party to a valid taxi plate Leasing Agreement with the Company for a minimum of one (1) year and have two (2) years of continuous uninterrupted service operating a taxi vehicle under the Companys roof sign The lessee must also be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

In order to qualify as a successor the driver must be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

An offer for succession shall follow the following order

No offer for succession can be made until the day after the final version of the seniority list as outlined in Appendix 2 has been agreed upon and signed-off by the Parties

The lessee must notify the Company and the Union in writing of hisher intention to exercise the option of succession and the projected date of the succession

The taxi plate lease shall be offered to the lessees current driver (if any) who shall have thirty (30) days to reject or accept the succession

If the offer is rejected or thirty (30) days have passed since the offer was made the taxi plate lease shall be offered to the drivers who are not single plate lessees (SPL) or a single plate owner (SPO) on the seniority list who shall have thirty (30) days to reject or accept the succession

Collective Agreement ltltCompanygtgt Page29

5

6

2304

2305

2306

2307

2308

2309

The most senior driver on the seniority list (who is not a single plate lessee-SPL or single plate owner-S PO) who accepts the succession shall be the successful incumbent lessee

In the event that no driver accepts the succession the lessee may ask that his request for succession be held in abeyance until such time as an incumbent lessee is found or may retire andor otherwise terminate hisher relationship with the Company at the time of hisher choosing In the event that the lessee retires andor terminates hisher employment relationship the taxi plate shall be returned to the Company and assigned to the next senior eligible driver as per the Companys past practice

The succession shall be valued at no more and no less than fifty-five thousand dollars ($5500000) except as modified as per sub-Article 2308 The driver (incumbent lessee) shall pay to the lessee the full value of the succession fee within sixty (60) days of the date of acceptance of the offer Once the driver has paid the succession fee the driver becomes a single plate lessee for the purposes of this Collective Agreement and will assume all rights duties responsibilities and obligations of a single plate lessee as set out in this Collective Agreement

The Parties agree that any monies or other considerations paid to a lessee at any time other than the time set out in sub-Article 2304 above shall not be counted towards the succession fee

The amount of $300000 (plus HST if applicable) shall be paid to the Company as a consulting fee by the incumbent lessee no later than the day before the day the incumbent lessee becomes a single plate lessee for the purposes of this Collective Agreement

Any lessee who exercises the succession option voluntarily terminates hisher employment with the Company and loses all seniority A driver who wishes to subsequently be rehired by the Company as a driver shall be placed at the bottom of the seniority list The driver will be eligible to become a lessee two (2) years from the date of hisher rehiring

The amount set out in sub-Article 2304 shall be increased annually on the date of the plate and stand rent increases set out in Article 27 of this Collective Agreement The annual increase shall be the same as the average of the percentage increase in the plate rent and the stand rent for that year

In the event of the death of a lessee and provided the lessee is up to date with all payments to the Company and has no outstanding amounts owing to the Company whatsoever the lessees estate shall have up to six (6) months from the date of death to exercise the option of succession

Collective Agreement laquoCompanybullbull Page 30

2310

2311

(a)

(b)

(c)

2312

Leasing agreements must be entered into provided they do not conflict with the terms of this Agreement

Without limiting the generality of 2310 in any way whatsoever a leasing agreement shall contain the following provisions

The lease shall terminate automatically for failure to fuHill any term of the lease including but not limited to failure by the lessee to fulfill any financial obligation or failure by the lessee to obtain replacement insurance in the event of cancellation of insurance

The lessee shall be the principal driver of the taxi vehicle which is attached to the taxi license plate

This Collective Agreement between the parties shall be the entire agreement and there shall be no other fee condition or other obligation except those set out in the Collective Agreement

All leased plates shall remain as such and shall not be converted to rental vehicles for the duration of this Agreement provided there are persons willing to leased said plates

ARTICLE 24 GRIEVANCE PROCEDURE

2401 A grievance shall include any issue regarding the interpretation administration application or alleged violation of this agreement It is the mutual desire of the parties that complaints of the drivers be adjusted as quickly as possible To that end the parties have adopted the following grievance procedure

STEP 1 A driver may bring his complaint to the Supervisor of the Members of the Owners Group If the driver does bring his complaint to the Supervisor he must do so within twenty (20) days of the incident or of he having knowledge of this incident giving rise to the complaint Where the complaint is brought forward it must be given to the Supervisor and the Supervisor shall reply within two (2) working days

STEP 2 Failing settlement of the complaint at Step 1 or where the driver has chosen not to avail himself of Step 1 the driver must file the grievance in writing within twenty (20) days of the incident or omiddotf he having knowledge of this incident giving rise to the grievance The grievance must be referred to the Member of the Owners Group claimed to be responsible andor any other person designated by the Member of the Owners Group Grievances shall be dealt with at the Step 2 meeting which shall be scheduled on the 3rd Wednesday of every month This monthly Step 2

Collective Agreement ccCompanyraquo Page 31

meeting shall be one meeting held at the Companys office Where the grievance involves the discharge of a driver the parties agree to meet within ten (1 0) working days of the filing of the grievance A representative of the Union shall be present at all step 2 meetings The Member of the Owners Group must respond within three (3) working days of the meeting

2402 Should a group grievance or a Union or policy grievance develop it shall be filed at Step 2 within twenty-five (25) days of the incident giving rise to the grievance or of the drivers or Union having knowledge of this incident

2403 Failing settlement under the above the matter in dispute may be taken to arbitration in accordance with article 26

2404 Drivers employed by single plate owners and single plate lessees may not grieve matters or disputes arising between the driver and the single plate owner or single plate lessee A committee shall be set up and made up of equal numbers of Uniondriver and Company personnel to assist in resolving disputes between the drivers and single plate owner and single plate lessee The committee shall have the power to determine a procedure to be followed as well as to determine fault and penalties

ARTICLE 25 ARBIrRATION

2501 After exhausting the provisions of the grievance procedure either of the parties may submit a grievance to arbitration either expedited or formal in writing within thirty (30) days of the Step 2 reply or if there is no reply within thirty (30) days after the expiration of the time limits to provide a reply

2502 Unless otherwise mutually agreed by the parties all grievances referred to arbitration not relating to an indefinite suspension a discharge or any separation of employment or to the interpretation of the collective agreement group grievances and policy grievances shall be referred to the expedited process

Grievances referred to arbitration in respect of indefinite suspensions discharge or separation of employment for any reason or to the interpretation of the collective agreement and group grievances may only be referred to this expedited process by the mutual agreement of the parties

2503 Within fourteen (14) days after notice has been given that the grievance will proceed to formal arbitration the parties shall meet and agree on a single arbitrator If the parties cannot agree on an arbitrator within this time limit either party may request the Minister of Labour to appoint an

Collective Agreement laquoCompanyraquo Page32

arbitrator and this appointment shall be binding on both parties In respect of the cost of arbitration of formal grievances the parties shall share equally the fee and expenses of the sole arbitrator

2504 The formal arbitrator shall have the right to exercise all the powers provided by the Labour Relations Act as amended from time to time

2505 The Arbitrator must hand down a written decision within sixty (60) days of the date of the hearing

2506 As an alternative to the formal arbitration process set out in the foregoing paragraphs a grievance may be referred to a previously agreed-upon person who shall hear the grievance and who shall at the conclusion of the hearing give a decision immediately Such decisions may not be used to alter modify or amend any part of the collective agreement and are made without precedent or prejudice to similar or like cases Such a decision shall be final and binding upon both parties and no further action may be taken on that grievance by any means whatsoever

2507 To maintain the efficiency of this expedited process the parties shall schedule a minimum of one (1) day of arbitration every three- (3) months except in those circumstances where either party deems it necessary to schedule the arbitrator more frequently

2508 The parties shall share equally the fee and expenses of the persons selected to hear the expedited arbitration cases

2509 At all expedited arbitration hearings the Company or Member of the Owners Group shall be represented by a member of their management and the Union shall be represented by a Union staff representative or an officersteward of the Local Union

2510 The Union shall forward to the representative of the Member of the Owners Group a list of the expedited grievances to be heard on the day or days scheduled for the hearing of grievances according to the expedited arbitration procedure The aforementioned list shall be forwarded to the representative of the Member of the Owners Group no later than ten (10) working days in advance of the hearing unless otherwise mutually agreed

2511 By exception a party may call one (1) witness at an expedited arbitration

2512 Prior to proceeding to formal or expedited arbitration and at least thirty (30) days prior to the date of arbitration the parties may upon mutually agreement request that any grievance be referred to a mediator to act as a grievance mediation officer for the purpose of attempting to

Collective Agreement laquoCompanyraquo Page33

mediate a settlement of the grievance The parties shall share equally the fee and expenses of this officer

ARTICLE 26 TAXI PACKAGE

2601 The employer shall provide to the rental driver at no extra cost motor vehicle insurance with a collision provision deductible not exceeding $50000 for each accident at fault

The Owners Group shall also provide to the rental driver at no extra cost comprehensive coverage with zero (0) deductible including but not limited to fire and theft It is agreed and understood that comprehensive coverage does not cover driver added equipment

2602 Each rental driver shall be supplied for a daily twelve (12) or twenty-four (24) hour period at no extra cost a roadworthy safe sedan four (4) door taxicab with proper weather resistant tires for all seasons and with a seating capacity for not less than four (4) passengers containing

2701

2702

2703

1 A roof sign 2 A sealed taxi meter 3 A two-way radio 4 A full size spare tire subject to space limitations 5 A tire tool 6 A jack 7 A mike clip 8 A full tank of gas at start date 9 Air conditioning on replacement vehicle where possible 10 An electric rear window defroster or blower

Any equipment owned by the Owners Group that becomes inoperative shall be repaired as soon as possible

ARTICLE 27 RENTAL CHARGES AND TERMS OF AGREEMENT

This agreement shall take effect upon ratification and be binding on both parties for three (3) years and shall continue for annual periods of one year each unless either party gives at least one hundred and twenty (120) days notice that it wishes to amend this agreement

It is agreed and understood that this agreement will remain in full force and effect until amended by negotiations

Rates shall be as follows

Collective Agreement laquoCompanyn Page 34

712011 712012 712013

Stand Rent (monthly) $43900 $45000 $45900

Plate Rent (monthly) $71926 $75000 $75960

Daily Car Rental 24 hr Regular Plated $9700 $9700 $9700

24 hr Accessible Plated $10500 $10500 $10500 12 hr Regular Plated $6700 $ 6700 $6700

12 hr Accessible Plated middot $8300 $8300 $8300

Credit Card Transaction 50 50 50

Debit Card (per) Transaction $065 $065 $065 (To the Driver)

POS Rental Fee (monthly) $800 $800 $800

POS Insurance (monthly) $300 $300 $300

Note The above rates do not include HST

Note For purposes of car rental rates the weekly rents shall be six (6) times the daily rent

Note It is recommended that drivers use Company supplied POS machines and systems

2704 Employees shall pay all monies owed to the Company in the following manner Monthly By the 5th business day of the month

2705 Any employee failing to pay monies by the above dates and times shall be suspended and not reinstated until the monies are paid in full and credited to their account

2706 Employees shall be entitled to pay their rents to the company by company approved charges cash and cheque - provided the employee has at least one (1) year of seniority

Employee(s) who have one (1) cheque returned NSF shall be suspended immediately upon the company receiving notification from the

Collective Agreement ((Company Page35

bank shall lose such privilege for twelve (12) months and shall be charged the appropriate charges

ARriCLE 28 GENERAL

2801 The Company and drivers shall maintain its internal company charge system and accept major credit cards which currently include Visa Mastercard American Express and Diners Cluben Route as approved by the Company

2802

2803

2804

2805

2806

2807

This system shall continue for the duration of this Agreement so long as external factors outside the Companys control do not prevent the Company from doing so Drivers shall be entitled to cash their charges provided they do not have any outstanding balances at the offices of the Company during the hours of 0830am to 400pm Monday to Friday except holidays The Company shall make available to the employees during normal business office hours receipt cards and credit card slips All credit card charges must be authorized

Drivers shall pay a fee of five (5) of all credit card charges that they redeem

Except as otherwise provided in this agreement all passengers shall be treated in a polite professional courteous and businesslike manner at all times by both the Owners Group and the employees

If requested a properly signed receipt shall be furnished by the owner for all payments made by the driver (If requested said receipt shall show a breakdown of all payments made by the driver and the dates for which they apply) For the purposes of this clause a numbered computer receipt shall be deemed to be signed

The employees who own their own vehicles whether or not they own their own license shall have absolute choice as to where their vehicle is to be repaired andor maintained

No employee either full-time or part-time shall abuse or mistreat any vehicle or equipment (ie roof sign radios meters and aerials)

The Owners Group agrees to work with the Union to lobby the City of Ottawa to allocate stands where necessary and appropriate

The Company agrees to provide the Union with the rules covering the stands controlled by concession agreements

Collective Agreement ccCompanyraquo Page 36

bull

2808 Subject to the provision of adequate insurance coverage all car owners shall be free to place a second driver or a third driver on their vehicles should they require without interference from the Company

2809

2810

2811

2812

2813

2814

In the event the Company refuses an individual employment as a second driver or as a third driver the Company agrees that such refusal may be the subject of a grievance and the onus of proof shall rest with the Company to show just cause for such refusal

The parties agree that no vehicle will have more than three (3) drivers at any one (1) time

The Company shall take reasonable steps to maintain all current concession agreements for the duration of this agreement The Company shall take all reasonable steps to obtain additional concession agreements

The Company shall have a phone line separate from the dispatch office so that drivers business people friends of the office staff may call through middot without having to tie up the dispatchers time The separate phone line may be used by the dispatch office during non-business hours

Time-off without rental fees or loss of seniority will be given to those members of the bargaining unit who are called for jury duty Rental driver(s) must park their rental vehicle(s) at the Companys premises should the jury duty go beyond three (3) days

The Company shall maintain a drivers waiting area As well the Company shall allow the drivers to use the telephone in the office for local calls only pursuant to the current past practice

In the event of an assessment to the CompanyOwners Group by WSIB in relation to the provision of WSIB benefits for the Bargaining unit personnel the CompanyOwners group and the Union agree to renegotiate in good faith the rates set out in Article 2703 Where the parties fail to reach agreement on the issue the matter shall be referred to an arbitrator for full and final settlement

When a customer complaint is received by the dispatcher the latter will advise the customer that an authorized representative of the Company will handle the complaint in an expeditious manner Upon request by the Union the Company shall provide a copy of the computer printout and all other relevant information including but not limited to any taped conversation related to the complaint being investigated The privacy of the customer is paramount and will at all times be respected

Collective Agreement ccCompanybullbull Page 37

2901 (a)

(b)

ARriCLE 29 BEREAVEMENT LEAVE

The Members of the Owners Group agree to grant affected employee(s) the necessary time off of up to four (4) days without fees at the time of death of the following relative(s) of said employee(s) father mother spouse (includes common-law) child brother sister mother andor fathershyin-law

The Members of the Owners Group further agree to grant to affected employees two (2) days without fees at the time of death of the following relatives of the employee sister andor brother-in-law and grandparent

ARTICLE 30 SOCIAL JUSTICE FUND

3001 The Company shall pay to the Union an amount of eight hundred ($80000) dollars per collective agreement year with such amounts being made payable to the CAW Social Justice Fund Inc Said amounts shall be paid by separate cheque by the last day of February in each year of this collective agreement A tax receipt shall be supplied to the Company on receipt of said amount

ARTICLE 31 SAFETY BANQUET

3101 The Company agrees to contribute seven hundred and fifty dollars ($75000) to the Unions annual Safety Banquet in each year of the Collective Agreement

SIGNED THIS DAY OF APRIL 15 2012

FORTH~

~~

Collective Agreement laquoCompanyraquo Page38

Collective Agreement laquoCompanyraquo Page39

SCHEDULE 11 A 11 LIST OF THE OWNERS GROUP

Coventry Connections Inc

Collective Agreement ccCompanyraquo Page40

SCHEDULE nan EXISTING CUSTOMS RIGHTS AND PRIVILEGES

1 There shall be no charge for the receipt cards

2 There shall be no charge for credit card vouchers subject to suppliers (third party) availability and conditions Should the Company pursue a course of action leading to Point of Sale terminals which usage will include Debit transactions Decremental Cards and Credit Cards there would be a charge for paper usage

3 The drivers shall choose their own working hours during their shift

4 Reasonable accommodation shall be given to payment of outstanding debts for accident(s) The following minimum payments are required

A) Up to $1 00000 - $ 1 000 per day

B) Over $100000- $2000 per day

Agreed to on the understanding that this does not apply to spare cars

Collective Agreement laquoCompanyraquo Page 41

SCHEDULE C RULES AND REGULATIONS

1 The following articles of clothing are not acceptable forms of attire at OJS

(a) Sweat pants and shorts except for dress shorts Dress shorts will be allowed from April to Labour Day Drivers caught wearing inappropriate shorts will be given one (1) warning and any future occurrence with regards to inappropriate shorts will cause them to lose the right to wear dress shorts for the duration of that season Shorts can be no shorter than three (3) inches above the knees

(b) T-shirts (except Union decaled T-shirt) without lapels tank tops and muscle s1middot1irts

NB Clothing andor other attire with obscenities profanities or sexually degrading remarks are not acceptable Hair must be clean and neat Faces must be clean-shaven or beards neatly trimmed Clothing must be tear and rip free with no visible patches and is to be cleaned and ironed as required Socks must be worn at all times with all types of footwear except for sandals

2 Drivers must be courteous and pleasant at all times and must conduct themselves in a professional business-like manner

3 There is to be no abusive foul language or gestures directed at customers or the general public

4 Consumption of alcohol or drugs will not be tolerated prior to the commencement of a shift andor while driving

5 There wiil be no arguing and fighting among drivers or other DJs personnel under any circumstances

6 No playing of cards or any other games of chance is allowed at any time when working This includes any form of gambling or betting on the air

7 Profanity or abusive language on the air or in your vehicle is prohibited at all times

8 Use of cell phone during the conveyance of a customer(s) is prohibited

9 Each taxicab and driver shall carry at all times a current street guide Drivers are to make proper use of this guide to avoid unnecessary air time

Collective Agreement ccCompanyraquo Page42

10 Deliveries are to be taken directly to the destination Running other fares while occupied on deliveries will not be permitted unless approved by the dispatcher

11 No messages between drivers are permitted Drivers will receive messages to call home spouse office union office partner or garage

In addition When an authorized Union rep asks the dispatcher to have a member of the bargaining unit call them for union business only this will be allowed and if necessary a phone number will be given

12 Picking up a fare while on the way to an accepted dispatch call will not be permitted

13 Drivers must allow 5 minutes wait at the customers pick-up address

14 Drivers shall take reasonable steps to ensure that they pickup only those fares that they are dispatched to Drivers must check with dispatcher for authorization before taking another fare from same address

15 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical breakdown emergency or any other reason(s) not herein listed the dispatcher shall reshydispatch the fare and suspend the driver for one (1) hour

16 Interference or jamming of the radio is a Federal offence and will not be tolerated

17 When necessary drivers must assist customers with handling of baggage and opening and closing of doors

18 No complaining to customers about short fares or time calls A list of regular short fares will be established and such fares shall be dispatched as Locals

19 At customers request music radio and other sound systems except for the twoshyway radio must be turned off

20 Driver must issue a receipt card upon request by customer Drivers signature must be clearly marked in the appropriate place on the receipt card There is no charge for the issuance of a receipt card

21 No new driver is to commence work until he has been briefed by OJS staff in the operating of our charge account system

22 Some of the guidelines in the operation of our charge account system are as follows

Collective Agreement laquoCompanyraquo Page43

(a) All charges are to be signed with car number (eg-DJ70) and date clearly written

(b) If the fare goes to more than one destination these other destinations are to be clearly marked on the reverse side of the chit

(c) Taxi chits to be signed by the customer and dollar value to be clearly marked

(d) Gift certificates which currently have a maximum value of $500 each are to be accepted at face value and change given as required

(e) Drivers must note on back of chit the drop offpick up address if it is different from address shown on face of chit

Drivers are prohibited from buying other drivers charges whether they be DJS drivers or other cab Companys charges Violation of this rule shall result in the following fines

1st offence -2d offence bull 3rd and subsequent offences-

$5000 per chit $10000 per chit $20000 per chit

plus the face value of each chitCredit Card in all cases

The parties agree that the above penalties are specific penalties within the meaning of the Ontario Labour Relations Act An Arbitrator shall not have the power to alter or modify any penalty imposed under this clause

(f) Drivers must accept all major credit cards approved by OJS Taxi

(g) Drivers are responsible for ensuring that all necessary information is clearly marked on charge vouchers as follows

bull Customers name and signature bull Card number (correct number of digits) bull Expiry date bull Drivers signature and car number (eg-DJ70) bull Ensure proper copies of charges are submitted to the Company for

processing bull No hand written major credit card sales drafts will be accepted

23 All cars are to be cleaned inside and out by 1000 am every day with due regard given to road and weather conditions

Collective Agreement Page44

24 All drivers must ensure that they have change for $2000 at all times and will not be removed from the sheet while getting change provided they are not called

25 No taxicab driver shall charge a passenger for

(a) The cost of proceeding to an establishment for change or

(b) Waiting time while a passenger obtains the change provided the bill presented for payment is of $2000 denomination or less

26 No vehicle to be left unattended with keys in the ignition

27 No person(s) unless authorized by the Company shall accompany the driver in the vehicle while heshe is occupied with a paying fare

28 Taxis must not be left unattended on a OJS taxi concession stand for more than ten (1 0) minutes

29 Only au~horized drivers with valid licenses can operate a taxi-licensed vehicle

30 Roof sign must be removed from vehicle when not on duty or involved in an accident

31 ALL DRIVERS ARE ADVISED THAT IT IS AGAINST THE LAW AND OJS TAXI COMPANY LIMITED POLICY TO REFUSE DOG GUIDES IN THEIR CABS REFUSAL WILL RESULT IN FINES AND DISCIPLINARY ACTION BY THE COMPANY

1st offence - 1 week suspension 2nd offence - 2 weeks suspension

3rd offence - Dismissal No longer working under the OJS roof sign

Accommodating Persons with Disabilities

The Management of OJS Taxi wishes to advise all its employees drivers and others operating under the OJS Taxi roof sign of the OJS Taxi policy with respect to blind passengers whether or not they use dog guides

Under the Blind Persons Rights Act of Ontario no person may either deny any person services customarily available to the public or discriminate against any person with respect to services available to the public for the reason that they are a blind person accompanied by a dog guide

Under the Ontario Human Rights Code every person has a right to equal treatment with respect to the supply of services which includes taxi services

Collective Agreement laquoCompanyraquo Page45

bull

without discrimination because of among other things a disability A disability includes any physical impairment such as being blind visually impaired deaf or hard of hearing

Guide Dogs and Taxi Services Many disabled persons are physically dependent on guide animals in their daily activities Canadians who are blind or visually impaired deaf or hard of hearing or who have other types of disabilities such as epilepsy are dependent on guide animals

Accommodation of these individuals necessitates that they be permitted to take their guide animals with them into taxi cabs Refusing to allow them to do so will infringe on their human rights and is against the Blind Persons Rights Act of Ontario and the Ontario Human Rights Code

This notice will simply repeat what should be apparent to you all that if a blind person with or without a dog guide is refused services by any OJS Taxi driver such actions will result in fines to the driver and other disciplinary action including the possibility of suspension by the Management of DJs Taxi Co Ltd

For more information regarding guide animals please review the attached pamphlet and information sheet published by Dog Guides Canada

Any inquiries concerning this policy should be directed to any member of the Management who will if it is required explain the policy to you

32 Drivers are not allowed in the dispatch office

33 All parking tickets will be paid by the rental driver responsible

34 In order to boost with Company owned taxicabs employees must request an obtain instruction from the garage manager or his designee on the proper method of boosting in order to reduce any risk of injury to the driver passenger and damage to the vehicle(s)

In the event of misuse employees at their discretion may be either disciplined in accordance with the principle of progressive discipline or have the option of reimbursing the Company for the cost of damaged parts

35 Any driver operating a taxi while his drivers license or taxi license is under suspension will be disciplined unless the driver can obtain written proof from the Ontario Ministry of Transport andor the appropriate taxi licensing authority that the driver did not receive evidence that hisher license was suspended or cancelled

36 When necessary or requested all elderly andor disabled customers are to be assisted in and out of taxicab at all times

Collective Agreement laquoCompanyraquo Page 46

37 No stealing fares

38 Drivers are not allowed to book no loads and run the fare

39 Drivers cannot refuse dispatched fares subject to article 1304 andor where the driver believes his safety or health is at risk

40 Failure to come to voice after two (2) requests by the Dispatch Supervisor will result in the Driver being suspended in the computer

41 Dispatch staff will not make phone calls for drivers unless it is an emergency situation

42 There shall be no personalization of any fares or trips placed through the Dispatch System of OJS Taxi except for returns east of but not including the Civic Hospital within the same twenty-four (24) hour period Where a return-call has been prearranged through the Dispatch System prior to the initial call being dispatched then the return-call cannot be personalized

43 Drivers will pay monies owed to the company by 400pm on the day that they are due No driver with an outstanding balance will be allowed to book on the sheet until their account is paid in full to the business office This means credited to their account and a receipt issued

44 Dispatchers shall give the line-up every thirty- (30) minutes except for the months of December January and February On implementation of the Computerized Dispatch this clause will be eliminated

45 All deliveries shall be given out as regular calls except where provided in this agreement and all employees shall have the option to refuse to deliver alcohol When a dispatcher requests a driver to call him for information concerning a delivery the dispatcher will first give the delivery address over the radio to ensure the delivery is being dispatched correctly

46 When drivers book out of their cars to attend scheduled complaint meeting appointments they shall be allowed to remain in their spot on the line up queue passed by for fares and treated by the dispatch as if they are no longer on the sheet

When the affected driver returns to his car and books back in he shall be returned to his position in the line up queue and given his next rightful fare

The maximum time a driver shall be allowed to book out for a complaint meeting is one half-hour

Collective Agreement laquoCompanyraquo Page 47

This rule shall only apply if the affected driver does not incur any discipline as a result of the complaint meeting

47 All cabs at DJS Taxi must have a mike clip and the clip must be used Drivers must pick up their mike when communicating

48 Drivers using vans as taxicabs must have and make use of (when requested or required) a portable step to assist passengers in and out of their vehicles

49 All taxicabs must be free of any body damage and any damage must be repaired within ninety- (90) days

50 Roof signs must be kept in good working order and condition with Company approved logo clearly visible front and rear

51 In order to ensure equipment is compatible with computer dispatch system all new radio equipment must be approved by the Company prior to installation

Collective Agreement laquoCompanyraquo Page48

SCHEDULE D CREDIT CARD POLICY amp PROCEDURES

DRIVERS MUST ACCEPT ALL COMPANY APPROVED CHARGES CREDIT AND DEBIT CARDS

DRIVERS MUST HAVE A POINT OF SALE UNIT AND A MANUAL PRINTER PER CURRENT BYLAW CITY OF OTTAWA

Due to the increased use of fraudulent Credit Cards by customers in taxicabs the following procedures have been developed to protect drivers from falling victim to Credit card fraud When accepting Credit cards the following rules must be followed

Credit and Debit Cards- the following rules must be followed

AUTHORIZATION OF ALL DEBIT AND CREDIT CARDS

All Credit Card slips must be authorized regardless of amount Verification is generally done after the fare is completed but verification of an estimated or known amount can be done prior to the completion of the trip if

bull The destination is beyond the radio coverage area bull The driver has reason(s) to suspect the validity of the card

INFORMATION REQUIRED FOR ACCEPTANCE OF DEBIT ANDOR CREDIT CARD SLIP FOR PAYMENT The completed Credit Card slip must contain all the following information

(a) Vehicle Number (pre-printed on POS slip if not to be written by hand at the bottom of the slip)

(b) Drivers ID Number and Initials (c) Amount of fare and gratuity (if applicable) (d) Authorization number (Pre-printed on POS slip) (e) Date of the fare (Pre-printed on POS slip) (f) The Debit or Credit Card must be swiped at all times (in the event that the

receipt does not print imprinting Credit Card only on manual imprinter is acceptable with customers signature but the imprint of the card number has to be clear) In the case of a swiped transaction part of the card number will display per Credit and Debit Card industry rules

(g) Customers signature clearly written (Credit Card only) marked TRANSACTION COPY We will accept the CUSTOMER COPY as long as it has the customers signature Debit POS slips are to be submitted marked TRANSACTION COPY NO SIGNATURE IS REQUIRED

Collective Agreement laquoCompanyraquo Page49

DISPUTES BY A CUSTOMER

Should a debit or credit card slip be disputed by the customer their bank or other financial institution the company will investigate If such investigation proves fraud or error by the driver the driver will be charged back for the full amount of the charge

If the disputed transaction was processed on a non-company unit a $500 plus HST charge plus the value of the charge will be debited to the drivers account The Company will refund the customer for the value of the charge

Should a customer andor driver report that the charge has been approved more than once the Company will investigate The Company does not allow any refunds in the taxicab Drivers can void a transaction but this must be done before Batch Closing the transaction A Void can only be done in the presence of the customer as the card (debit or credit) must be present The driver can then re-swipe the card for the correct amount The Company publishes a toll free number for customers or drivers to call with any concerns about a transaction If a customer has been charged more than once for the incorrect amount the following procedures apply

Credit Card

The Company will verify that the customer was charged multiple times or has been over-charged and issue a refund as necessary The Company will send a copy to the customer upon request All refunds are processed on a Point of Sale unit or Virtual Merchant (on-line) The Company may contact the driver to determine the validity of the customers details

Debit Card

The Company will verify that the customer was charged multiple times or has been overcharged and issue a cheque refund as necessary The Company keeps a copy of the cheque issued

GENERAL INFORMATIONGUIDELINES

1 If the driver has overcharged the customer and has been paid the incorrect amount the Company will adjust the drivers account and provide a receipt The Company maintains a log in the even there is a dispute by the driver or the customer If the driver reports the overcharge that is logged on a Customer Incident Form which has a Control Number

2 Hand written Credit Cards will not be accepted All Credit Cards must be passed through a manual imprinter which clearly shows the full credit card number If the credit card number is not clear and cannot be authorized

Collective Agreement laquoCompany Page 50

the driver will face debitchargeback of the amount as it cannot be authorized

3 The only Credit Cards accepted by Taxitab a division of Coventry Connections Inc are

i Visa ii Mastercard iii American Express

Note Visa Mastercard and American Express all issue prepaid credit cards these are all accepted

4 Taxitab a Division of Coventry Connections accepts Debit Cards for Canadian Financial Institutions Debit Cards for foreign banks may not

work on the unit Visa Mastercard have commenced issuing Debit Cards these are all accepted These cards are clearly marked on the face of the card with the Visa and Mastercard logos

5 The following items are to be checkedverified by the driver upon presentation of a Credit Car (a to d) Debit Card (d only)

CHECK LIST

(a) Expiry Date Ensure the card is valid Check to be sure that the Card is not being used beyond the expiry date printed on the card If the card is expired refuse to accept it

(b) Altered Cards Check to see if the card has been noticeably altered in any way If it has been refuse to accept it

(c) Card holders name and signature Check that the signature on the Credit Card slip is the same name printed on the card At the same time check that the signature is the same as the signature on the rear of the card If there is no signature on the rear of the card ask the customer to sign it as you are required to check this

If in doubt ask to see some other form of identification (preferably one with a picture and signature) that ensures that the person using the card is who they say they are

(d) Amount of fare and gratuity (if applicable) The amount of the Debit or Credit card slip must be equal to the amount of the fare and the gratuity (where applicable) Each amount should be entered in their respective places and only by the customer unless otherwise directed In the case of a Debit Card customer must always enter their PIN number to

Collective Agreement ltbullCompany Page 51

authorize the card Drivers must remind customer that the TIP field comes first followed by the PIN number

(e) $150 Surcharge

Debit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated by the City of Ottawa By-Law The $150 charge is prompted by the point of sale unit automatically The Driver receives 65cent of the $150 for every transaction

Credit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated in the City of Ottawa By-Law The $150 charge is NOT prompted by the point of sale unit automatically The driver adds the $150 to the metered amount and enters this total in the base amount field

6 CAUTIONS

7

(a)

(b)

(c)

Bank Card only have the Bank name on the card

Credit Cards are identified by the VISA MASTERCARD AMERICAN EXPRESS OR DINERS CLUB-ENROUTE symbols Only Cards with these symbols will be accepted

Credit Cards will have a holographic image on the face of the card

CASH ADVANCES

The use of Credit Cards for cash advances in the taxicab is not permitted Credit Cards must only be used in the taxicab for paying for an actual fare Anyone using a Credit Card in a taxicab to obtain cash advance is most likely using a stolen or fraudulent card

8 OUT OF TOWN FARES

For the drivers protection it is suggested that for fares going out of town and the customer wishes to pay by Credit Card it is recommended that the driver authorize the fare at the beginning of the trip (dispatcher can give an estimated amount) If there is a difference process the difference at the end of the trip There is a pre-authorization feature available for Credit Card only on the Point of Sale unit The Company can activate this on driver request but the driver must be

Collective Agreement ccCompany)) Page 52

bull

9

given correct training for this There are several steps involved with pre-authorization that must be followed before batch closing

BATCH CLOSING

Drivers must close transaction in the terminals at the end of their shift Credit Card authorizations only remain in the terminal for five (5) days after that the processor closes them automatically Drivers must batch close all credit cards no later than four (4) days in order for the items to appear on the batch close report

Batch Close reports will print separately for Debit and Credit Cards and list the details of the transactions in the terminals showing the card type and the last four (4) digits of the card involved This Batch close cannot be reprinted drivers must hold on to them Attach the slips to the Batch Close and bring to the cashier The cashier will verify the attached slips are on the batch close and proceed to pay or credit the driver assuming all slips are authorized and complete (as discussed above under (1) Authorization Procedures)

The following circumstances regarding Batch Closes will apply

(i) Batch Close with All Debit and Signed Credit Card slips- Driver will be paid or credited at time of presentation at a cashiering station

(ii) Batch Close- No Debit Slips if the batch close shows a Debit Slip and the driver has misplaced or lost the slip the Driver will be paid or credited at the time of presentation at a cashiering station

(iii) Batch Close No Credit Card Slip- No Slip No Payment at time of cashiering (driver is to go to Driver Admin in this instance) If the driver has a signed manual slip and the last 4 numbers of the card match those on the batch close the slip will be accepted by the cashier

NO BATCH CLOSE REPORT -If a Driver has lost or misplaced Batch Close report the Driver is to go straight to Driver Admin (not cashiering) The Driver is to bring the receipts (if there is a credit card slip with no signature there is a separate procedure for this below) he has for which he has not batch close Driver Admin will initiate a Batch Close Incident Report which has a Control Number for future reference The Procedure is as follows

(i) Driver Admin to Photocopy all Slips and write the Control from the Batch Close Incident Form on the photocopy and date the sheet The

Collective Agreement ccCompanyraquo Page 53

bull

bull

Driver is to keep this in the event of a dispute or apparent nonshypayment in account

(ii) Driver Admin will complete the top copy of the report attach a copy of the slips The Driver will complete the bottom part of the report and sign it

(iii) Management will need 72 hours (three business days) from the date of Incident Report to investigate the transaction has been settled in the POS unit

(iv) Providing Management confirms the transaction is complete the slips will be credited to the Drivers account and a receipt will be printed A copy of the receipt is attached to the Batch Close Incident Report The Control from the Form is entered when the the amount is credited for reference A receipt can be printed at that time by cashier

(v) In the event that a driver does not have a Batch Close and presents a credit card slip with no signature the following will apply

(vi) If the Driver experiences a problem with the Batch Close or operation of the unit the Driver is to bring the unit to the office during normal hours Management will investigate the issue and call Driver to reshyissue the unit completing paperwork for the replacement unit which the driver will sign

Any driver attempting to defraud a customer by processing a debit or credit slip more than once will be terminated

Collective Agreement laquoCompany)) Page 54

bull

bull

SCHEDULE E STOLEN FARE POLICY

Whenever the Dispatch Supervisor receives a complaint that a fare either dispatched to the complainant or from within the same block of taxi standconcession on which the complainant is parked has been stolen and the identification of the accused is made known the Supervisor shall

(a) Bring the accused to voice and notify himher of the allegations

(b) Inform the complainant that a deposit of forty dollars ($4000) must accompany his accusation and to be deposited within one (1) hour of the complaint Where applicable inform the complainant that the accused wishes to challenge the allegations and the date and time of the hearing shall be known to both parties

(c) A failure of either party to attend the hearing will result in an additional fine of forty dollars ($4000) to be paid within sixty (60) minutes of the conclusion of the hearing or a suspension ob the absent party until payment is received

(d) Inform the accused of the available options

(i) Arrange for repayment of the fare in its entirety to a minimum of forty dollars ($4000) to the complainant a Union representative or the Company on behalf of the complainant within sixty (60) minutes or

(ii) If the allegation is being denied and the accused wishes to refute it forty dollars ($4000) must be deposited at the dispatch office within sixty (60) minutes with a notification to the Dispatch Supervisor that the allegation is being challenged

Where the accused fails to respond to two (2) voice messages or refuses to comply with (c) the accused shall have dispatch services suspended until in compliance or the Company receives instructions from a Union Representative to do otherwise

The penalty for a wrongful accusation is the payment of forty dollars ($4000) to the accused by the accuser in addition to the return of the accuseds deposited payment

It is understood and agreed that the action(s) of the Dispatch Supervisor(s) in the compliance of this Policy is not to be construed as a determination of who is the guilty party In all disputes regarding stolen fares the Committee shall make the final determination with respect to guilt

Collective Agreement laquoCompany Page 55

bull

bull

Note Such fare(s) will not be considered as Stolen Fare(s) if picked up by driver(s) arriving on the Concession(s)Taxi Stand(s) prior the driver(s) who accepted the dispatched fare(s)

Collective Agreement ((Company Page 56

bull bull

APPENDIX 1

PLATE CAR LESSEE IND START LESSEE START

1 1027 5027 ADAM GRANT 1 91111986 111987

2 1015 5015 TIMS VAUGHN 411995 411995

3 1043 5043 MARTON FERENC G 10251995 10251995

4 1050 5050 DUBOIS JOHN 12111994 311996

5 1048 5048 SUNIL JOSHI 1111994 711996

6 1030 5030 SLIM MOHAMED 711996 7111996

7 1041 5041 JAMALEDDINE ZAHER 911996 911996

8 1040 5040 MAHEUX FRANK 11151996 181997

9 1109 1 5109 ASTLEY JAMES 1011994 1131997

10 1045 5045 MELHEM SAMIR 1211996 9211997

11 1028 5028 LABINE ANTHONY 10151980 11281997

12 1054 5054 ELmiddotNEMER NEMER 11131997 21271998

13 1113 5113 WEAGANT BROCK C 82211988 3131998

i

14 1039 5039 SOBH HAC HEM 11171997 5111998

15 1044 1 5044 MOUFARREJ RAYMOND 10241996 1161998

16 1042 5042 MCCONVILLE BILL 311992 11111998

17 1107 5107 GIANNAKOS LOUIS I 9111997 491999

18 1026 5026 VERMA LALIT 51261996 5311999

19 1033 5033 MITCHELL BRUCE 111987 9301999

i

20 1108 5108 PAPPAS CHRISTINE 121111991 1041999

rmiddot 1014 5014 NYTRA BEDRICH 961996 3302000

22 1000 5000 ABOUmiddotARRAG SAM I 611997 7132000

23 1038 5038 MUNROE JOHN 1111977 492001

24 1022 5022 RADULESCU GELU 611999 5232002

25 1139 5139 HASSOUN I MOUFID 71211999 8152002

26 1006 5006 SADER I GHASSAN 6211999 292004

27 1029 5029 CLAYTON GREG 911980 21132004

Collective Agreement ccCompany Page 57

bull

28 1034 5034 IBRAHIM 12301995 4302004

29 1037 5037 ABDALLA HASSAN I 3312000 2202006

30 1010 5010 HASSOUN AD NAN 8272001 312006

31 1031 MASSOUD 1241998 312006

32 1 1o35 5035 JANCO 911992 362006

1 33 1036 5036 SINGH BALWANT 92211999 3172006

Collective Agreement ltltCompanyraquo Page 58

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 12: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

1203 The Company agrees that the geographic locations of the stands which shall include backup stands shall be outlined in APPENDIX 1 and attached to this agreement Modifications can be made from time to time with the written approval of the parties

1204 The Company agrees that the current phone number (613) 829-9900 shall be used offered andor advertised for the dispatch of taxicabs operating under the Companys roof sign The Company further agrees that the telephone number (613) 829-9011 shall continue to be used for the dispatch of taxicabs operating under the DJs Taxi roof sign The parties agree that this latter telephone number shall not be advertised for DJs Taxi Co Ltd middot

1205 middot1n cases of abuse of the cheater switch the Union agrees that computer records of call-backs shall be prima facie proof of the abuse alleged by the Company Nothing herein shall be construed to condone or permit the use of the cheater switch Violations of this sub-article shall be considered grounds for discipline

1206 All requests for non-metered taxi service or other special taxi services shall be distributed in a fair and just manner

1207 Dispatchers phone staff and supervisors shall not dispatch any call or trip to any driver or on behalf of any driver by means of a pager or other similar communications device including but not limited to telephones with the exception of Para Transpo runs which shall be distributed in accordance with Appendix 3

1208 The Company shall ensure that there is no preferential treatment to any individual in respect of taxi dispatch services

1209 The Company shall employ a sufficient number of trained staff to serve the business in an efficient and expeditious manner

1210 When the Company dispatches a fare to an address that is different from the stated address of the caller the Company shall pay twenty dollars ($2000) to the driver dispatched

1211 The Company shall ensure that no derogatory remarks andor profane language is directed by the dispatchers and phone staff to drivers and vice versa The Company shall ensure that dispatchers and phone staff perform their duties in a polite businesslike and courteous manner at all times

1212 When a cancellation is received through the computerized dispatch system within the lead time of the Zone of the original call being placed

Collective Agreement laquoCompany)) Page 10

and the telephone number given at the time of the cancellation matches the telephone number given at the time of the request for the taxicab andor when a vehicle is dispatched to a non-existent address that is confirmed by the dispatch Supervisor the vehicle sent to that address would be placed in the first available position in the priority queue (given a No load)

bull No Load Priority Cancellation Local Incomplete Address

1213 In the event of a failure or malfunction of the computerized dispatch system the Company agrees that after a maximum of ten (10) minutes the addresses of the calls waiting will be made known to the drivers by voice In the event the server(s) is down for longer than twenty (20) minutes the Company must credit every driver in the bargaining unit an equal amount using the following formula five hundred dollars ($50000) divided by the total number of drivers in the bargaining unit to a maximum of two (2) crashes per month The Company will be entitled to two (2) downtime occurrences per month for upgrading and maintaining dispatching software and call centre hardware The Company agrees to notify the Union of the time and date of any organized shutdown The Company shall use its best efforts to have the shutdown during non-peak hours

1214 The Company agrees that dispatchers shall co-operate in every way possible to aid an employee who reports himself in danger The dispatcher shall not assess for himself the degree of urgency in any distress call and shall utilize nearby taxicabs andor police to provide aid

1215 (a) Time Calls

Time calls are prearranged calls Pre-arranged fares going to the Airport Train or Bus Station or downtown will also be considered a time call Time calls will be dispatched fifteen (15) minutes prior to the requested time to the first car booked on the corresponding stand

Out of town fares are calls reserved at least one ( 1) hour prior to the requested time It must have an estimated destination exceeding 100 kms or be on the middotflat rate sheet These fares will be dispatched forty-five (45) minutes prior to the requested time

The dispatcher may increase lead-time for time calls or out of town calls if weather traffic road conditions or the distance to locations warrant it

Collective Agreement ccCompanyn Page 11

(b) No information will be given out by the dispatch staff concerning fares coming into the Company office except for requests concerning the number of time calls to be dispatched between the next time period of 330 am - 630 am Dispatchers shall upon request inform the driver of the number of time calls to be dispatched during the next time period of 330 am - 630 am Dispatchers shall not give out any information with reference to the location of any time calls

1216 It is agreed that any concessiontaxi stand fares must be dispatched to drivers booked on the sub zones If no drivers are booked on the sub zone the fare will be dispatched as a regular fare If no drivers are booked on the zone the fare will be displayed on the main zone only as a fare waiting

1217 Attributed Call

These are calls where a special circumstance is made known to the Callshytaker and drivers are not forced to accept

Attributed calls shall include calls originating from the following locations or where the special circumstance indicated is made known to the phone staff

1 Bars -(except those listed as Messages) 2 Parcels 3 Wheel Chairs 4 Animals -(except guide animals) 5 Bicycles 6 Moving Jobs 7 Station WagonsNans 8 Boosts 9 No-Van Calls

Calls originating from the following addresses will be sent out as messages however should there be a Call-back for any of these addresses the Call-back shall be dispatched as a Local to the first car booked on the appropriate Zone

(a) OConnorsAMC Theatres (Kanata Centrum)

(b) Vox LoungeCock amp Bull (Bells Corners) (c) Park n Rides

(i) Baseline Station (ii) Fallowfield Station

(d) Grace OMalleys (Merivale and Capillano)

Collective Agreement ccCompanyu Page 12

1218

(e) (f) (g) (h) (i) (j)

Sergeants Pump (Merivale Rd) Coliseum Theatres Bayshore Transit Eagleson Transit Station Kanata Town Center Terry Fox Transit Station

For the purpose of article 1224 the following hours are considered peak periods

(i) During the months of November December January and February Mon - Fri 700 AM - 500 PM Thurs - Sat 500 PM - 300 AM New Years Eve 500PM-500AM New Years Day

(ii) During the months of March April and October Mon - Fri 700 AM - 300 PM Fri amp Sat 11 00 PM - 200 AM

(iii) For Canada Day 400 PM - 200 AM for

Christmas Day New Years Day (except as outlined above) Good Friday Easter Monday and Thanksgiving Day are exempt from the above

1219 Fares originating in the City of Ottawa and any other points west of Ottawa including Richmond Ontario shall be dispatched to the first taxicab appropriately booked on the corresponding stand

1220 Weather permitting there should never be a call back from customers due to the late arrival of a cab All fares accepted must be serviced without delay All stands will have a maximum response time limit of fifteen (15) minutes Phone personnel will tell customers that the cab will arrive within 10-15 minutes please be ready

Should the Company receive a Call-Back after the lead-time of a dispatched fare discipline shall be applicable to the affected driver(s) as follows

(a) 1st Offence First written warning and a fine of $2000 will be imposed and collected by way of the drivers account

(b) 2nd Offence Second written warning and a fine of $3000 will be imposed and collected by way of the drivers account

(c) 3rd Offence- Third written warning and a fine of $5000 will be imposed and collected by way of the drivers account

Collective Agreement ((Companyraquo Page 13

(d) 41h Offence- A final written warning and fine of $7500 will be imposed

and collected by way of the drivers account

(e) 5th Offence- Dismissal

Monies collected shall be used to appease dissatisfied customers and to advertise the DJs business

1221 Locals I Freebies

1222

1223

1224

a) b) (c)

These are calls that are dispatched to the first car booked in a Zone (Stand) and the driver accepting said call has a maximum of thirty 30) minutes to complete the call and rebook on the same stand the call was dispatched from in order to be placed in the first available position in the priority queue

Locals shall include calls originating from the following locations

Major shopping centres Groceries A list consisting of a maximum of five 5) addresses

When being dispatched on the Computerized Dispatch System Fare Waiting shall mask all calls or trips for the duration of this Agreement

No calls trips or parcels shall be dispatched on voice except where provided in this Agreement

In recognition of the fact that the Company operates a multi-fleet dispatch operation the Company and the Union agree that the staffing levels of the dispatch operation to service the DJs fleet shall always be no less than one (1) call taker and no more than middotfive 5) call takers One (1) call taker shall always have priority to respond to DJs calls with the balance of the call takers having secondary priority on a cascading basis To address any problems arising from dispatch issues the parties agree to establish a Dispatch Committee of equal representation to meet at mutually agreeable time frame upon request of either party within fifteen (15) days of notice being given by either side Issues may include but not restricted to hardware software or manpowerstaffing The Parties agree to address any such issue in an expeditious and fiscally responsible fashion

When the DJs fleet reaches one hundred and thirty (130) taxi cabs the Company shall add a second call taker having priority to respond to DJs calls but only during peak periods When the DJs fleet reaches one

Collective Agreement laquoCompanyraquo Page 14

hundred and sixty (160) the Company shall increase the number of call takers to two (2) having priority to respond to DJs calls at all times

1225 A list of persons and addresses owing money to drivers for fares not paid shall be compiled by the Company and kept in the dispatch office at all times No requests for taxicabs or specialty services excluding school and contract runs shall be dispatched to these persons andor addresses until the monies owing are paid

1226 Dispatchers phone staff and supervisors shall not remove falsify alter any request for taxicab service placed with DJs taxi dispatch service

1227 The Company shall ensure that dispatchers phone staff or supervisors shall not accept money or other forms of favour or inducements from any person where the objective of such payment is the granting of preferential treatment to any individual in respect of dispatch services

1228 When a call back is received after the lead time of the call in question the dispatch supervisor will send two 2) voice messages at least one (1) minute apart for the driver to come to voice If the driver fails to respond the call will be re-entered as a local call and if said driver is booked into the system heshe will be suspended until there is a response Drivers failing to go on or being late on their calls will be further disciplined in accordance with progressive discipline

1229 The Company shall discipline any driver who assigns a dispatched fare to another driver

1230 (a) The discipline or discharge of a driver who has completed hisher probationary period shall be grievable in accordance with Article 24 of this Agreement The Company agrees that it shall apply the principle of progressive discipline However the Company reserves the right not to apply the principle of progressive discipline for certain offences based on their severity

(b) The Company shall discipline any driver as follows for the specific offences listed below

i) Assigns or redirects a dispatched fare to another driver operating under the OJS roof sign as follows

a) 1st offence- 1 shift b) 2nd offence- 2 shifts c) 3rd offence - 3 shifts

Collective Agreement laquoCompanyraquo Page 15

(ii) Cancels a fare already inputted into the Ziptrack Dispatch System as follows

(a) 1st offence- 1 shift (b) 2nd offence - 2 shifts (c) 3rd offence- 3 shifts

(iii) Telephones the Ziptrack Dispatch System with an illegitimate call as follows

(a)

(b)

(c)

1st offence - 2 shifts and $2500 to the affected driver pajable by the offending driver 2n offence - 4 shifts and $2500 to the affected driver payable by the offending driver 3rd offence - termination of employment

(iv) Assigns or redirects a dispatched fare to another driver operating under another roof sign as follows

(a) 1st offence- termination of employment

For purposes of this provision one (1) shift is a period of twelve (12) consecutive hours for a twelve (12) hour driver and twenty-four (24) consecutive hours for a twenty-four (24) hour driver

1231 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical break down emergency or any other reason(s) not herein listed the dispatcher shall re-dispatch the fare and suspend the driver for one (1) hour

1232 Definitions

Accessible call means a valid request for an accessible taxicab by a person with a wheel chair or is otherwise defined by any statute or regulation thereof

Accessible Driver means a driver who is qualified to drive an accessible taxicab under the applicable By-laws of the City of Ottawa

Accessible Plate means a licence for an accessible taxicab that is issued to a person who has qualified to hold an accessible licence under the applicable By-laws of the City of Ottawa

Collective Agreement laquoCompanyraquo Page 16

middotAccessible Taxicab is a taxicab which is designed to accommodate one or more individuals who require the use of a wheelchair without the need to transfer the individual from the wheelchair which vehicles are otherwise subject to federal and provincial legislation applicable to the transport of Physically Challenged Persons and in respect of which an accessible plate has been issued

Attribute means in respect of a vehicle the association with that taxicab in the Ziptrack dispatch software system of a special feature (or restriction) for that vehicle required for specific types of fares

Call means a request for taxi service received by Ziptrack by a telephone call to the DJs Taxi number 829-9900

Cover or Covered as applicable to a fare means there-dispatch of a previously accepted fare at the request of the accepting driver for valid reason (mechanical breakdown accident or other emergency) in accordance with normal dispatch procedures

Taxi Stand means a space on private property for taxicabs operating under the DJs Taxi roof sign specified under an agreement between Coventry Connections Inc or Ziptrack Inc or a space specifically designated as a taxi stand from time to time on a public street or other public space by the City of Ottawa

Accessible Vehicle Dispatch

(a) It is agreed that calls placed through the dispatch system for an accessible taxicab shall be dispatched only to accessible taxis defined by the dispatch system as an Attribute Where there are no accessible taxicabs booked into the dispatch system and available to accept a call such call shall be displayed as being available on the fare broadcast screen

(b) An accessible taxicab may be dispatched as a standard sedan taxicab at anytime that it is not dispatched on an accessible fare An accessible taxicab shall not be given priority for any type of fare other than an accessible fare An accessible taxicab shall be booked off all zones when any fare is accepted or rejected

(c) The driver of an accessible taxicab is not authorized to reject an accessible fare if he is booked on the dispatch system or is in a queue at a taxi stand or company concession Failure to accept an accessible fare shall be deemed a rejection of an accessible fare and shall be subject to discipline

Collective Agreement ccCompany Page 17

1301

1302

1303

1304

(d) In the event that a driver of an accessible taxicab who has accepted an accessible fare requests to be covered and where such request is granted the driver shall be booked off the dispatch system for a minimum of one (1) hour or until the fare is covered

(e) The driver of an accessible taxicab that rejects or is deemed to have rejected an accessible fare under paragraph (c) above shall be booked off the dispatch system until one ( 1) hour after the accessible fare has been accepted and or service (the record of which not withstanding sub-Article 908 of the Collective Agreement shall be kept for five (5) years

(f) All accessible calls shall be masked by ACCESSIBLE FARE WAITING

(a)

(b)

(c)

(d)

(e)

ARTICLE 13 EMPLOYEES DUTIES

All employees shall perform their duties in a business like professional and courteous manner and shall not use abusive language on the air to customers or to Owners Group Staff

All employees shall be neatly dressed well groomed neat and clean in personal appearance

All employees shall give a receipt on the authorized form of the Owners Group showing the date car number and drivers name when requested to do so by the passenger or whenever there is a dispute over the fare

Subject to the above and except when he has a previous engagement ttle employee shall serve the first person requiring the service of his taxicab except when the prospective passenger

Is disorderly or abusive or poses a health or safety risk In cases of disputes involving intoxication andor health and safety risk and while the well being of the driver is of paramount importance extreme caution and sound discretion must be exercised prior to any refusal At all times the nature of the business that being a service Industry must be borne in mind so each and every situation must be measured on its own merit by the driver

Is in possession of an animal other than a Guide Animal or

Refuses to state his final destination upon entering the taxicab or

Has not paid a previous fare or

Refuses to pay in advance for flat rate out of town trip(s) or

Collective Agreement laquoCompanyraquo Page 18

(f)

1305

1306

1307

1308

1309

(a)

(b)

(c)

Has called two (2) cab companies for the same fare

In the event a driver discovers a lost object in the taxicab he shall immediately advise the dispatch supervisor of his findings with a description of the object an approximate idea of who might have left said object along with the pick-up and drop-off addresses of the customer if possible

Within twenty-four (24) hours of an objects discovery the driver shall take said object to the nearest Ottawa police station or to the Ziptrack Inc dispatch office at no cost or when directed to do so within the above mentioned twenty four (24) hours A receipt for said object will be issued if requested

Subject to Article 1305 should the customer wish the immediate return of the lost object the dispatcher shall notify the customer of the approximate metered cost of return from the location of the driver at that time and the employee shall return the object immediately to the customer at the standard metered rate

No employee shall be forced to violate a Municipal Provincial or Federal Law or regulation in the performance of ~1is duties

The Company shall provide the drivers with a list of all current flat rates Upon any changes to said list a new list shall be issued within thirty (30) days following such changes

No person(s) who will be driving under the DJs roof sign except for rehires who have been absent for less than three (3) years shall be hired or permitted to commence employment until

Heshe has successfully passed the test which the Company shall devise and administer with regard to the operation and knowledge of the taxi related Industry Said test shall include but not be limited to the knowledge of the Ottawa-Carleton area but with an emphasis on the areas directly affected by this collective agreement

Orientation by the Operations Manager or his designee on the DJs Taxi charge system

Heshe has been given a six (6) hour in-car training session This session will comprise of accompanying the prospective employee for a period of six (6) hours to learn the stands customer relations specific to DJs Taxi two-way radio booking practices and a general familiarization with the DJs environment The cost associated with this in-car training session shall be

Collective Agreement ccCompanyraquo Page 19

$10000 and said cost shall be borne by the prospective employee Failure to pass any portion of this test shall result in a fourteen (14) day waiting period before the applicant will be allowed to re-do the portion(s) of this sub-article which heshe has failed The cost associated with re-doing a) or c) will be $5000 while re-doing both would be $10000

During this waiting period the applicant will not be allowed to operate under the DJs roof sign No person operating a taxicab under the DJs roof sign will be assigned any duties associated with this sub-article

Tests are given on the first and third Mondays of each month on a first come-middotfirst serve basis by appointment Failure to attend for a scheduled date and or time will result in the forfeiture of the appointment and a new date will be booked on a first available basis only

ARTICLE 14 TECHNOLOGICAL CHANGE

1401 Technological Change means but is not limited to the introduction of changes to the present systems the introduction by the Company of additional radio channels computerized dispatching systems or any other mechanical electrical or other system including but not limited to fuel systems at no cost to the drivers

1402 In the event of any technological change the Company shall notify the Union in writing at least ninety (90) days before the introduction of such changes unless prior discussions with the Union have occurred

1501

1502

1)

2)

3)

ARTICLE 15 SENIORITY

Seniority shall be applied in determining layoffs preference for time off and recall from lay off as set out in other provisions of this agreement

Prior to being offered employment an individual shall be required to present to the Member of the Owners Group and the Company all relevant documentation namely

Valid Ontario or Quebec Provincial drivers license with a current provincial driving record with no more than six (6) demerit points at such time and if applicable has been pardoned for any prior conviction for impaired driving

Applicable Taxi Drivers License

Original copy of a Motor vehicle drivers abstract no older than twentyshyeight (28) days

Collective Agreement laquoCompanyraquo Page 20

4) Letter from previous or present insurer (where possible)

5) Work permit if applicable

6) Proof of Union membership

7) Social Insurance Numbercard or verification from appropriate federal government department of such number

8) A clear Police Criminal Record check no older than twenty-eight (28) days

9) Training as set forth in 1309

The above requirements do not apply to a driver who changes status or moves between Members of the Owners Group or Single Plate Owner or Single Plate Lessee provided the driver does not go more than thirty (30) calendar days without being registered on a taxicab except by reason of a proven medical illness Requirement 9 above does not apply to a driver who had previously driven under the DJs Taxi roof sign within the previous twelve (12) months Nevertheless each driver is required to register such changes with the Company To facilitate the drivers ability to register such changes the Company office shall be open from 830 am to 200pm daily except Saturday Sunday and Statutory Holidays

1503 The Owners Group shall recall laid off employees in the reverse order of lay-off

1504 A driver injured or ill should notify the Company and the Union within two (2) weeks of his absence and should arrange to provide a detailed mediqal certificate as evidence of injury or illness and an estimated time of return signed by a doctor in order to preserve his seniority Only an employee returning from an absence of eighteen (18) months or less due to injury or illness shall be returned to his previous vehicle provided that said vehicle is still working as a taxicab if it is not he shall be returned to another vehicle on the same shift he had prior to his injury or illness

A driver replacing another driver who is on sick leave shall be notified of his status by the Owners Group and the Owners Group shall notify the Union of all details

An employee returning within 30 days from an absence due to injury or illness shall be returned to his previous vehicle provided said vehicle is still working as a taxicab and if it is not heshe shall be returned to another vehicle

Collective Agreement laquoCompanyraquo Page 21

1505

(a)

(b)

(c)

(d)

An employee returning to work after thirty (30) days but less than eighteen (18) months from the commencement of hisher injury or illness shall be returned to work displacing the most junior driver driving with the individual member of the Owners Group

Clarity Note (i) A twelve (12) hour driver returning from illnessinjury shall be returned to a twelve (12) hour shift car by replacing the most junior driver driving Should the most junior driver be driving a twenty-four (24) hour car heshe would then be offered the shift remaining after the returning driver has chosen

Clarity Note (ii) A twenty four (24) hour driver returning from illnessinjury would replace the most junior driver and assume hisher shift

Clarity Note (iii) Returning employees shall be given the first available car corresponding to their previous shift

An employee shall lose seniority and as such will cease to be an employee upon

Voluntarily quitting or resigning

Being discharged for just cause and not having been reinstated through the grievance or arbitration procedure

Failing to rent an available vehicle when duly notified of same while on layshyoff except or for certified medical reasons

Being laid off being without a valid work permit or being without a valid Provincial drivers license or appropriate Municipal taxi drivers license for a length of time equal to that employees seniority or twelve (12) months whichever is less

ARTICLE 16 COMMITIEES

1601 A UnionManagement committee shall be appointed consisting of up to three (3) representatives from the Union and up to three (3) representatives from the Company This committee shall meet every six (6) months for the purpose of discussing matters of mutual concern

1602 A safety committee consisting of at least two (2) representatives of the Union and two (2) representatives of the Owners Group shall meet at a mutually agreeable time frame upon the request of either party within thirty (30) days for the purpose of discussing matters of mutual concern Minutes will be kept of each meeting

Collective Agreement laquoCompany Page22

1603 A rules committee consisting of up to three (3) representatives of the union and of up to three (3) representatives of the owners group shall meet at a mutually agreeable time frame upon the request of either party within thirty (30) days for the purpose of negotiating changes to existing rules and for discussing any new rules prior to their implementation

1604 To address advertising the parties agree to establish an Advertising Committee of equal representation to meet at mutually agreeable times upon request of either party within fifteen (15) days of notice being given by either side The Committee shall be responsible for a budget of $2625000 over the term of this collective agreement which sum shall be spent to advertise and promote the DJs business

The parties must agree when and how the advertising will be allocated However the parties agree that advertising would include

bull Flyers bull Newspaper Ads bull Promotional Items (eg fridge magnets) bull Radio

ARTICLE 17 SAFETY AND HEALTH

1701 It is understood and agreed that driver safety is important to the individual employee and to the industry as a whole The Owners Group and employees agree to exercise their rights and to fulfil their obligations in accordance with this understanding The Owners Group will continue to encourage and welcome safety recommendations for the safety and health of drivers during their working hours

1702 The employer shall supply only safe and roadworthy vehicles and the equipment contained therein and the vehicles themselves shall be maintained in good working order Each rental vehicle shall meet the mechanical fitness standards as defined in Provincial legislation

1703 The Company agrees to pay the premiums to an insurer chosen by the Company to provide term life insurance coverage in the amount of ten thousand dollars ($1000000) for all employees provided that the affected employee has a minimum of one (1) year seniority under the DJs Taxi roof sign and is actively working on the day he attains this one ( 1) year seniority

All claims and payments shall be in accordance with the terms of the master policy of the insurer and the Company shall not be liable for any

Collective Agreement laquoCompanyraquo Page 23 middot

bull

non payment by the Insurer This insurance coverage will not be provided to any driver who is 65 years or older at any time during this agreement

The Company shall aid in collecting monies by allowing a cash donation box to be set up at their office for driver(s) involved in serious accidents The Company shall not be responsible for said box

1704 The Company shall supply a safety shield for the company owned rental vehicle when requested by that driver

All rental drivers who request a shield must continue to operate on a vehicle that is equipped with a safety shield so long as said driver is operating under the DJs roof sign provided one (1) is available Company rental drivers working with a shield shall have the option of refusing to operate any spare rental vehicle not equipped with a safety shield However once a driver accepts a spare rental vehicle not equipped with a shield he will be deemed to have given up his right to exercise this option on the same shift

ARTICLE 18 WORK WEEK

1801 The Owners Group agrees that the employees shall determine their work week subject to the provisions of this agreement

1802 The Owners Group agrees that the work week shall be based on seven (7) days

1803 Rental drivers shall pay their weekly rental over six (6) days and have the use of the vehicle for seven (7) days

1804 Stand rents for car owners shall be calculated weekly paid monthly or weekly at the discretion of the employee but limited to one change in the payment structure per calendar year Any reduction is to be calculated on a weekly basis and there shall be no reduction given for anything less than seven (7) consecutive days off except where provided in this agreement

1805 Shifts shall be mutually agreed upon by the partners on the vehicle and in case of dispute shifts shall commence at 400am and 400pm The change-over location shall be mutually agreed to by the partners on the vehicle and in case of dispute change over shall be at the Companys office

ARTICLE 19 STATUTORY HOLIDAYS

Collective Agreement laquoCompanyraquo Page 24

1901 (a)

(b)

All rental drivers (12 amp 24 hours) of the Owners Group shall be entitled to the following days off provided that they have worked more than three (3) consecutive months under the Companys roof sign

All single plate owners (SPO) and single plate lessees (SPL) shall be entitled to the following days off provided that they have completed three (3) months of service under the Companys roof sign and they shall not be charged plate rent or stand rent for said statutory holidays

Employees meeting the criteria outlined in (a) and (b) above shall be given credit for said days whether they choose to work or not Credits for statutory holidays shall be given at the time that payment is made for the period covering the day of the holiday

New Years Day Family Day Good Friday

Victoria Day Canada Day Labour Day

ARTICLE 20 TIME OFF

Thanksgiving Day Christmas Day Boxing Day

2001 All rental drivers (12 amp 24 hours) shall be entitled to four (4) weeks annual time-off

All single plate lessees (SPL) shall be entitled to five (5) weeks annual time-off for which they shall not be charged stand rent for time-off taken During said time-off heshe shall not be charged plate rent for the first four (4) weeks

All single plate owners (SPO) shall be entitled to seven (7) weeks annual time-off During this period they shall not be charged stand rent

SPOs and SPLs outlined above will be granted their requested time-off entitlement provided they have no balance owing and provided that a minimum of one (1) week written notice is given to the individual Member of the Owners Group (MOG) and the Company and provided further that said drivers have a minimum of one (1) completed year of uninterrupted service under the Companys roof sign

In cases of accidents and major breakdowns involving SPO and SPL no notice period will be required for time-off and credits for such time-off will be based on daily increments

Where a SPOor a SPL has used all hisher allotted time off and said SPO or SPL has an accident or major breakdown heshe will be given up to a maximum of ten (1 0) additional days of time off and during said time

Collective Agreement laquoCompanygtbull Page 25

heshe shall not be charged any stand rent subject to proof of inoperability of the vehicle being provided

In the case of SPOs and SPLs extended time-off will be allowed for overseas trips All rents must be paid in advance to cover the time off for the extension

Explanation Car owners time off is only when the car is off the road If the SPO or SPL puts a driver on the car it is not considered part of this time off

2002 Single plate owners and single plate lessees will be responsible for arranging for time off for their drivers

2003 Time off may be taken weekly or bi-weekly at the employees discretion Provided further where the employee has taken a minimum of one (1) week heshe may take additional days) of less than weekly increments) in conjunction with the one 1) week

2004 Time off must be taken during the calendar year and cannot be accumulated over more than one calendar (1 year

2005 The MOG SPL and SPO agree that roof signs taxi plates and all other items (computer equipment will remain with the Company during the employees time-off and in the case of rental drivers the rental vehicle will be returned to the vehicle owner

ARTICLE 21 INSURANCE

21 01 Every car owner has the right to obtain insurance from the broker or Company of their choice without interference from the Owners Group

2102 The Owners Group shall upon written request from an employee who is presently insured by a member of the Owners Group provide written details of claim settlements and accident records

2103 The Company shall provide at no extra cost motor vehicle insurance coverage with collision provision deductible not exceeding $75000 or the cost of repair whichever is less for each at fault accident

21 04 The Company shall provide at no extra cost comprehensive coverage with zero deductible including but not limited to middotfire and theft It is agreed and understood that comprehensive coverage does not cover driver owned equipment

Collective Agreement Page26

21 05 The Company shall provide accident benefit coverage as set out in the OAP 1 of the Ontario Automobile Insurance Act and shall abide by the guidelines and statutory conditions as set out by the Insurance Company with whom the Company is insured

2106 With respect to Articles 2103 2104 and 2106 above which applies to accessible shift vehicles only) the Companys obligation is to provide insurance coverage only Any determination of whether a driver is entitled to insurance benefits andor whether a claim shall be paid or denied in any given situation shall be the sole and exclusive responsibility of the Insurance Company

2107 A driver who is insured through the Company shall provide the Company with a Motor Vehicle Drivers Abstract one month before the annual renewal of the Companys insurance policy A driver shall provide additional Motor Vehicle Drivers Abstracts as requested by the Insurer

21 08 The Companys insurer may judge a driver to be a high risk and may assess a surcharge accordingly A driver who is found tomiddot be a higher risk will bear the cost of any such surcharge

21 09 A driver insured by the Companys insurer who is involved in an accident shall regardless of whether he or she was at fault notify the dispatcher immediately The driver shall indicate whether the accident should be reported to the police and whether the customer or driver require medical attention Following notification of the dispatcher the driver shall remove the roof sign from the vehicle and record to the best of his or her ability all relevant information The driver shall bring the relevant information to the office within 24 hours of the incident excluding weekends and holidays)

2110 Drivers are responsible for the replacement of all lost or stolen antennae andor roof signs

2111 The Company shall pay the full El payments for all rental drivers In the event of an increase in the premiums during the life of this Collective Agreement drivers shall pay the drivers share of the increase

2112 All drivers who are insured through the Company obtained insurance must sign the Companys insurance agreement prior to commencing work The Company shall provide insurance agreements with no more than a $75000 deductible to be paid after the accident The amount shall be paid at the rate of $1000 per shift until fully paid

Collective Agreement ((Companyraquo Page27

ARTICLE 22 TAXI PLATE SALES

2201 1 Members of the Owners Group shall be able to sell plate(s) in the following manner

2202

(a) A notice of its intent to sell plate(s) shall be posted and announced over the dispatch system for a period of three (3) days and shall be offered to the lessees and rental drivers in the bargaining unit

(b) Where there is more than one interested applicant the plate(s) shall be offered based on seniority and plates sold shall be the plate of the most junior lesseedriver

Where the sale will result in the layoff of a driver that driver shall be recalled prior to any new hires by all Members of the Owners Group

2 Where there are no applicants the Member of the Owners Group will sell the last leased plate at their discretion Any driver laid off shall be recalled prior to any new hires by all members of the Owners Group

3 Sale of More Than One Plate at One Time

4

5

The Owners Group has the right to sell to whomever they choose provided that no one is displaced

In the event that the most junior lessee is displaced as a result of the sale of the plate the Company agrees to pay to the displaced lessee no more than fifty-five thousand dollars ($5500000) in the first year of this Agreement and according to the succession plan as outlined in article 23 for the following years of this Agreement This would apply only if the said lessee has complied with the succession plan as per article 23

An individual Member of the Owners Group shall not require any of his drivers to give up their rights under this Agreement and work under another roof sign without the drivers written consent given before a Notary Public for Ontario The Union shall be supplied with copies of the consents

In the case where a Member of the Owners Group is leasing a taxi plate and the Member of the Owners Group has a car under this plate and this vehicle is then rented out on a 12 or 24 hour rental this article then does not apply The Owners Group cannot be held responsible for any damage or compensation that may arise from the actions taken by the 3rd party

Collective Agreement laquoCompanyraquo Page28

2301

2302

2303

1

2

3

4

ARTICLE 23 SUCCESSION AND TAXI PLATE LEASES

Definition

The process by which the lessee of a Company-owned taxi license plate having determined that heshe wishes to retire andor otherwise terminate hisher relationship with the Company and having officially notified in writing both the Union and the Company of hisher intention to do so offers the opportunity to hisher driver to be the lessees successor all in accordance with the conditions sot out in this Article

In order to be eligible to offer a lease for succession the lessee must have been a party to a valid taxi plate Leasing Agreement with the Company for a minimum of one (1) year and have two (2) years of continuous uninterrupted service operating a taxi vehicle under the Companys roof sign The lessee must also be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

In order to qualify as a successor the driver must be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

An offer for succession shall follow the following order

No offer for succession can be made until the day after the final version of the seniority list as outlined in Appendix 2 has been agreed upon and signed-off by the Parties

The lessee must notify the Company and the Union in writing of hisher intention to exercise the option of succession and the projected date of the succession

The taxi plate lease shall be offered to the lessees current driver (if any) who shall have thirty (30) days to reject or accept the succession

If the offer is rejected or thirty (30) days have passed since the offer was made the taxi plate lease shall be offered to the drivers who are not single plate lessees (SPL) or a single plate owner (SPO) on the seniority list who shall have thirty (30) days to reject or accept the succession

Collective Agreement ltltCompanygtgt Page29

5

6

2304

2305

2306

2307

2308

2309

The most senior driver on the seniority list (who is not a single plate lessee-SPL or single plate owner-S PO) who accepts the succession shall be the successful incumbent lessee

In the event that no driver accepts the succession the lessee may ask that his request for succession be held in abeyance until such time as an incumbent lessee is found or may retire andor otherwise terminate hisher relationship with the Company at the time of hisher choosing In the event that the lessee retires andor terminates hisher employment relationship the taxi plate shall be returned to the Company and assigned to the next senior eligible driver as per the Companys past practice

The succession shall be valued at no more and no less than fifty-five thousand dollars ($5500000) except as modified as per sub-Article 2308 The driver (incumbent lessee) shall pay to the lessee the full value of the succession fee within sixty (60) days of the date of acceptance of the offer Once the driver has paid the succession fee the driver becomes a single plate lessee for the purposes of this Collective Agreement and will assume all rights duties responsibilities and obligations of a single plate lessee as set out in this Collective Agreement

The Parties agree that any monies or other considerations paid to a lessee at any time other than the time set out in sub-Article 2304 above shall not be counted towards the succession fee

The amount of $300000 (plus HST if applicable) shall be paid to the Company as a consulting fee by the incumbent lessee no later than the day before the day the incumbent lessee becomes a single plate lessee for the purposes of this Collective Agreement

Any lessee who exercises the succession option voluntarily terminates hisher employment with the Company and loses all seniority A driver who wishes to subsequently be rehired by the Company as a driver shall be placed at the bottom of the seniority list The driver will be eligible to become a lessee two (2) years from the date of hisher rehiring

The amount set out in sub-Article 2304 shall be increased annually on the date of the plate and stand rent increases set out in Article 27 of this Collective Agreement The annual increase shall be the same as the average of the percentage increase in the plate rent and the stand rent for that year

In the event of the death of a lessee and provided the lessee is up to date with all payments to the Company and has no outstanding amounts owing to the Company whatsoever the lessees estate shall have up to six (6) months from the date of death to exercise the option of succession

Collective Agreement laquoCompanybullbull Page 30

2310

2311

(a)

(b)

(c)

2312

Leasing agreements must be entered into provided they do not conflict with the terms of this Agreement

Without limiting the generality of 2310 in any way whatsoever a leasing agreement shall contain the following provisions

The lease shall terminate automatically for failure to fuHill any term of the lease including but not limited to failure by the lessee to fulfill any financial obligation or failure by the lessee to obtain replacement insurance in the event of cancellation of insurance

The lessee shall be the principal driver of the taxi vehicle which is attached to the taxi license plate

This Collective Agreement between the parties shall be the entire agreement and there shall be no other fee condition or other obligation except those set out in the Collective Agreement

All leased plates shall remain as such and shall not be converted to rental vehicles for the duration of this Agreement provided there are persons willing to leased said plates

ARTICLE 24 GRIEVANCE PROCEDURE

2401 A grievance shall include any issue regarding the interpretation administration application or alleged violation of this agreement It is the mutual desire of the parties that complaints of the drivers be adjusted as quickly as possible To that end the parties have adopted the following grievance procedure

STEP 1 A driver may bring his complaint to the Supervisor of the Members of the Owners Group If the driver does bring his complaint to the Supervisor he must do so within twenty (20) days of the incident or of he having knowledge of this incident giving rise to the complaint Where the complaint is brought forward it must be given to the Supervisor and the Supervisor shall reply within two (2) working days

STEP 2 Failing settlement of the complaint at Step 1 or where the driver has chosen not to avail himself of Step 1 the driver must file the grievance in writing within twenty (20) days of the incident or omiddotf he having knowledge of this incident giving rise to the grievance The grievance must be referred to the Member of the Owners Group claimed to be responsible andor any other person designated by the Member of the Owners Group Grievances shall be dealt with at the Step 2 meeting which shall be scheduled on the 3rd Wednesday of every month This monthly Step 2

Collective Agreement ccCompanyraquo Page 31

meeting shall be one meeting held at the Companys office Where the grievance involves the discharge of a driver the parties agree to meet within ten (1 0) working days of the filing of the grievance A representative of the Union shall be present at all step 2 meetings The Member of the Owners Group must respond within three (3) working days of the meeting

2402 Should a group grievance or a Union or policy grievance develop it shall be filed at Step 2 within twenty-five (25) days of the incident giving rise to the grievance or of the drivers or Union having knowledge of this incident

2403 Failing settlement under the above the matter in dispute may be taken to arbitration in accordance with article 26

2404 Drivers employed by single plate owners and single plate lessees may not grieve matters or disputes arising between the driver and the single plate owner or single plate lessee A committee shall be set up and made up of equal numbers of Uniondriver and Company personnel to assist in resolving disputes between the drivers and single plate owner and single plate lessee The committee shall have the power to determine a procedure to be followed as well as to determine fault and penalties

ARTICLE 25 ARBIrRATION

2501 After exhausting the provisions of the grievance procedure either of the parties may submit a grievance to arbitration either expedited or formal in writing within thirty (30) days of the Step 2 reply or if there is no reply within thirty (30) days after the expiration of the time limits to provide a reply

2502 Unless otherwise mutually agreed by the parties all grievances referred to arbitration not relating to an indefinite suspension a discharge or any separation of employment or to the interpretation of the collective agreement group grievances and policy grievances shall be referred to the expedited process

Grievances referred to arbitration in respect of indefinite suspensions discharge or separation of employment for any reason or to the interpretation of the collective agreement and group grievances may only be referred to this expedited process by the mutual agreement of the parties

2503 Within fourteen (14) days after notice has been given that the grievance will proceed to formal arbitration the parties shall meet and agree on a single arbitrator If the parties cannot agree on an arbitrator within this time limit either party may request the Minister of Labour to appoint an

Collective Agreement laquoCompanyraquo Page32

arbitrator and this appointment shall be binding on both parties In respect of the cost of arbitration of formal grievances the parties shall share equally the fee and expenses of the sole arbitrator

2504 The formal arbitrator shall have the right to exercise all the powers provided by the Labour Relations Act as amended from time to time

2505 The Arbitrator must hand down a written decision within sixty (60) days of the date of the hearing

2506 As an alternative to the formal arbitration process set out in the foregoing paragraphs a grievance may be referred to a previously agreed-upon person who shall hear the grievance and who shall at the conclusion of the hearing give a decision immediately Such decisions may not be used to alter modify or amend any part of the collective agreement and are made without precedent or prejudice to similar or like cases Such a decision shall be final and binding upon both parties and no further action may be taken on that grievance by any means whatsoever

2507 To maintain the efficiency of this expedited process the parties shall schedule a minimum of one (1) day of arbitration every three- (3) months except in those circumstances where either party deems it necessary to schedule the arbitrator more frequently

2508 The parties shall share equally the fee and expenses of the persons selected to hear the expedited arbitration cases

2509 At all expedited arbitration hearings the Company or Member of the Owners Group shall be represented by a member of their management and the Union shall be represented by a Union staff representative or an officersteward of the Local Union

2510 The Union shall forward to the representative of the Member of the Owners Group a list of the expedited grievances to be heard on the day or days scheduled for the hearing of grievances according to the expedited arbitration procedure The aforementioned list shall be forwarded to the representative of the Member of the Owners Group no later than ten (10) working days in advance of the hearing unless otherwise mutually agreed

2511 By exception a party may call one (1) witness at an expedited arbitration

2512 Prior to proceeding to formal or expedited arbitration and at least thirty (30) days prior to the date of arbitration the parties may upon mutually agreement request that any grievance be referred to a mediator to act as a grievance mediation officer for the purpose of attempting to

Collective Agreement laquoCompanyraquo Page33

mediate a settlement of the grievance The parties shall share equally the fee and expenses of this officer

ARTICLE 26 TAXI PACKAGE

2601 The employer shall provide to the rental driver at no extra cost motor vehicle insurance with a collision provision deductible not exceeding $50000 for each accident at fault

The Owners Group shall also provide to the rental driver at no extra cost comprehensive coverage with zero (0) deductible including but not limited to fire and theft It is agreed and understood that comprehensive coverage does not cover driver added equipment

2602 Each rental driver shall be supplied for a daily twelve (12) or twenty-four (24) hour period at no extra cost a roadworthy safe sedan four (4) door taxicab with proper weather resistant tires for all seasons and with a seating capacity for not less than four (4) passengers containing

2701

2702

2703

1 A roof sign 2 A sealed taxi meter 3 A two-way radio 4 A full size spare tire subject to space limitations 5 A tire tool 6 A jack 7 A mike clip 8 A full tank of gas at start date 9 Air conditioning on replacement vehicle where possible 10 An electric rear window defroster or blower

Any equipment owned by the Owners Group that becomes inoperative shall be repaired as soon as possible

ARTICLE 27 RENTAL CHARGES AND TERMS OF AGREEMENT

This agreement shall take effect upon ratification and be binding on both parties for three (3) years and shall continue for annual periods of one year each unless either party gives at least one hundred and twenty (120) days notice that it wishes to amend this agreement

It is agreed and understood that this agreement will remain in full force and effect until amended by negotiations

Rates shall be as follows

Collective Agreement laquoCompanyn Page 34

712011 712012 712013

Stand Rent (monthly) $43900 $45000 $45900

Plate Rent (monthly) $71926 $75000 $75960

Daily Car Rental 24 hr Regular Plated $9700 $9700 $9700

24 hr Accessible Plated $10500 $10500 $10500 12 hr Regular Plated $6700 $ 6700 $6700

12 hr Accessible Plated middot $8300 $8300 $8300

Credit Card Transaction 50 50 50

Debit Card (per) Transaction $065 $065 $065 (To the Driver)

POS Rental Fee (monthly) $800 $800 $800

POS Insurance (monthly) $300 $300 $300

Note The above rates do not include HST

Note For purposes of car rental rates the weekly rents shall be six (6) times the daily rent

Note It is recommended that drivers use Company supplied POS machines and systems

2704 Employees shall pay all monies owed to the Company in the following manner Monthly By the 5th business day of the month

2705 Any employee failing to pay monies by the above dates and times shall be suspended and not reinstated until the monies are paid in full and credited to their account

2706 Employees shall be entitled to pay their rents to the company by company approved charges cash and cheque - provided the employee has at least one (1) year of seniority

Employee(s) who have one (1) cheque returned NSF shall be suspended immediately upon the company receiving notification from the

Collective Agreement ((Company Page35

bank shall lose such privilege for twelve (12) months and shall be charged the appropriate charges

ARriCLE 28 GENERAL

2801 The Company and drivers shall maintain its internal company charge system and accept major credit cards which currently include Visa Mastercard American Express and Diners Cluben Route as approved by the Company

2802

2803

2804

2805

2806

2807

This system shall continue for the duration of this Agreement so long as external factors outside the Companys control do not prevent the Company from doing so Drivers shall be entitled to cash their charges provided they do not have any outstanding balances at the offices of the Company during the hours of 0830am to 400pm Monday to Friday except holidays The Company shall make available to the employees during normal business office hours receipt cards and credit card slips All credit card charges must be authorized

Drivers shall pay a fee of five (5) of all credit card charges that they redeem

Except as otherwise provided in this agreement all passengers shall be treated in a polite professional courteous and businesslike manner at all times by both the Owners Group and the employees

If requested a properly signed receipt shall be furnished by the owner for all payments made by the driver (If requested said receipt shall show a breakdown of all payments made by the driver and the dates for which they apply) For the purposes of this clause a numbered computer receipt shall be deemed to be signed

The employees who own their own vehicles whether or not they own their own license shall have absolute choice as to where their vehicle is to be repaired andor maintained

No employee either full-time or part-time shall abuse or mistreat any vehicle or equipment (ie roof sign radios meters and aerials)

The Owners Group agrees to work with the Union to lobby the City of Ottawa to allocate stands where necessary and appropriate

The Company agrees to provide the Union with the rules covering the stands controlled by concession agreements

Collective Agreement ccCompanyraquo Page 36

bull

2808 Subject to the provision of adequate insurance coverage all car owners shall be free to place a second driver or a third driver on their vehicles should they require without interference from the Company

2809

2810

2811

2812

2813

2814

In the event the Company refuses an individual employment as a second driver or as a third driver the Company agrees that such refusal may be the subject of a grievance and the onus of proof shall rest with the Company to show just cause for such refusal

The parties agree that no vehicle will have more than three (3) drivers at any one (1) time

The Company shall take reasonable steps to maintain all current concession agreements for the duration of this agreement The Company shall take all reasonable steps to obtain additional concession agreements

The Company shall have a phone line separate from the dispatch office so that drivers business people friends of the office staff may call through middot without having to tie up the dispatchers time The separate phone line may be used by the dispatch office during non-business hours

Time-off without rental fees or loss of seniority will be given to those members of the bargaining unit who are called for jury duty Rental driver(s) must park their rental vehicle(s) at the Companys premises should the jury duty go beyond three (3) days

The Company shall maintain a drivers waiting area As well the Company shall allow the drivers to use the telephone in the office for local calls only pursuant to the current past practice

In the event of an assessment to the CompanyOwners Group by WSIB in relation to the provision of WSIB benefits for the Bargaining unit personnel the CompanyOwners group and the Union agree to renegotiate in good faith the rates set out in Article 2703 Where the parties fail to reach agreement on the issue the matter shall be referred to an arbitrator for full and final settlement

When a customer complaint is received by the dispatcher the latter will advise the customer that an authorized representative of the Company will handle the complaint in an expeditious manner Upon request by the Union the Company shall provide a copy of the computer printout and all other relevant information including but not limited to any taped conversation related to the complaint being investigated The privacy of the customer is paramount and will at all times be respected

Collective Agreement ccCompanybullbull Page 37

2901 (a)

(b)

ARriCLE 29 BEREAVEMENT LEAVE

The Members of the Owners Group agree to grant affected employee(s) the necessary time off of up to four (4) days without fees at the time of death of the following relative(s) of said employee(s) father mother spouse (includes common-law) child brother sister mother andor fathershyin-law

The Members of the Owners Group further agree to grant to affected employees two (2) days without fees at the time of death of the following relatives of the employee sister andor brother-in-law and grandparent

ARTICLE 30 SOCIAL JUSTICE FUND

3001 The Company shall pay to the Union an amount of eight hundred ($80000) dollars per collective agreement year with such amounts being made payable to the CAW Social Justice Fund Inc Said amounts shall be paid by separate cheque by the last day of February in each year of this collective agreement A tax receipt shall be supplied to the Company on receipt of said amount

ARTICLE 31 SAFETY BANQUET

3101 The Company agrees to contribute seven hundred and fifty dollars ($75000) to the Unions annual Safety Banquet in each year of the Collective Agreement

SIGNED THIS DAY OF APRIL 15 2012

FORTH~

~~

Collective Agreement laquoCompanyraquo Page38

Collective Agreement laquoCompanyraquo Page39

SCHEDULE 11 A 11 LIST OF THE OWNERS GROUP

Coventry Connections Inc

Collective Agreement ccCompanyraquo Page40

SCHEDULE nan EXISTING CUSTOMS RIGHTS AND PRIVILEGES

1 There shall be no charge for the receipt cards

2 There shall be no charge for credit card vouchers subject to suppliers (third party) availability and conditions Should the Company pursue a course of action leading to Point of Sale terminals which usage will include Debit transactions Decremental Cards and Credit Cards there would be a charge for paper usage

3 The drivers shall choose their own working hours during their shift

4 Reasonable accommodation shall be given to payment of outstanding debts for accident(s) The following minimum payments are required

A) Up to $1 00000 - $ 1 000 per day

B) Over $100000- $2000 per day

Agreed to on the understanding that this does not apply to spare cars

Collective Agreement laquoCompanyraquo Page 41

SCHEDULE C RULES AND REGULATIONS

1 The following articles of clothing are not acceptable forms of attire at OJS

(a) Sweat pants and shorts except for dress shorts Dress shorts will be allowed from April to Labour Day Drivers caught wearing inappropriate shorts will be given one (1) warning and any future occurrence with regards to inappropriate shorts will cause them to lose the right to wear dress shorts for the duration of that season Shorts can be no shorter than three (3) inches above the knees

(b) T-shirts (except Union decaled T-shirt) without lapels tank tops and muscle s1middot1irts

NB Clothing andor other attire with obscenities profanities or sexually degrading remarks are not acceptable Hair must be clean and neat Faces must be clean-shaven or beards neatly trimmed Clothing must be tear and rip free with no visible patches and is to be cleaned and ironed as required Socks must be worn at all times with all types of footwear except for sandals

2 Drivers must be courteous and pleasant at all times and must conduct themselves in a professional business-like manner

3 There is to be no abusive foul language or gestures directed at customers or the general public

4 Consumption of alcohol or drugs will not be tolerated prior to the commencement of a shift andor while driving

5 There wiil be no arguing and fighting among drivers or other DJs personnel under any circumstances

6 No playing of cards or any other games of chance is allowed at any time when working This includes any form of gambling or betting on the air

7 Profanity or abusive language on the air or in your vehicle is prohibited at all times

8 Use of cell phone during the conveyance of a customer(s) is prohibited

9 Each taxicab and driver shall carry at all times a current street guide Drivers are to make proper use of this guide to avoid unnecessary air time

Collective Agreement ccCompanyraquo Page42

10 Deliveries are to be taken directly to the destination Running other fares while occupied on deliveries will not be permitted unless approved by the dispatcher

11 No messages between drivers are permitted Drivers will receive messages to call home spouse office union office partner or garage

In addition When an authorized Union rep asks the dispatcher to have a member of the bargaining unit call them for union business only this will be allowed and if necessary a phone number will be given

12 Picking up a fare while on the way to an accepted dispatch call will not be permitted

13 Drivers must allow 5 minutes wait at the customers pick-up address

14 Drivers shall take reasonable steps to ensure that they pickup only those fares that they are dispatched to Drivers must check with dispatcher for authorization before taking another fare from same address

15 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical breakdown emergency or any other reason(s) not herein listed the dispatcher shall reshydispatch the fare and suspend the driver for one (1) hour

16 Interference or jamming of the radio is a Federal offence and will not be tolerated

17 When necessary drivers must assist customers with handling of baggage and opening and closing of doors

18 No complaining to customers about short fares or time calls A list of regular short fares will be established and such fares shall be dispatched as Locals

19 At customers request music radio and other sound systems except for the twoshyway radio must be turned off

20 Driver must issue a receipt card upon request by customer Drivers signature must be clearly marked in the appropriate place on the receipt card There is no charge for the issuance of a receipt card

21 No new driver is to commence work until he has been briefed by OJS staff in the operating of our charge account system

22 Some of the guidelines in the operation of our charge account system are as follows

Collective Agreement laquoCompanyraquo Page43

(a) All charges are to be signed with car number (eg-DJ70) and date clearly written

(b) If the fare goes to more than one destination these other destinations are to be clearly marked on the reverse side of the chit

(c) Taxi chits to be signed by the customer and dollar value to be clearly marked

(d) Gift certificates which currently have a maximum value of $500 each are to be accepted at face value and change given as required

(e) Drivers must note on back of chit the drop offpick up address if it is different from address shown on face of chit

Drivers are prohibited from buying other drivers charges whether they be DJS drivers or other cab Companys charges Violation of this rule shall result in the following fines

1st offence -2d offence bull 3rd and subsequent offences-

$5000 per chit $10000 per chit $20000 per chit

plus the face value of each chitCredit Card in all cases

The parties agree that the above penalties are specific penalties within the meaning of the Ontario Labour Relations Act An Arbitrator shall not have the power to alter or modify any penalty imposed under this clause

(f) Drivers must accept all major credit cards approved by OJS Taxi

(g) Drivers are responsible for ensuring that all necessary information is clearly marked on charge vouchers as follows

bull Customers name and signature bull Card number (correct number of digits) bull Expiry date bull Drivers signature and car number (eg-DJ70) bull Ensure proper copies of charges are submitted to the Company for

processing bull No hand written major credit card sales drafts will be accepted

23 All cars are to be cleaned inside and out by 1000 am every day with due regard given to road and weather conditions

Collective Agreement Page44

24 All drivers must ensure that they have change for $2000 at all times and will not be removed from the sheet while getting change provided they are not called

25 No taxicab driver shall charge a passenger for

(a) The cost of proceeding to an establishment for change or

(b) Waiting time while a passenger obtains the change provided the bill presented for payment is of $2000 denomination or less

26 No vehicle to be left unattended with keys in the ignition

27 No person(s) unless authorized by the Company shall accompany the driver in the vehicle while heshe is occupied with a paying fare

28 Taxis must not be left unattended on a OJS taxi concession stand for more than ten (1 0) minutes

29 Only au~horized drivers with valid licenses can operate a taxi-licensed vehicle

30 Roof sign must be removed from vehicle when not on duty or involved in an accident

31 ALL DRIVERS ARE ADVISED THAT IT IS AGAINST THE LAW AND OJS TAXI COMPANY LIMITED POLICY TO REFUSE DOG GUIDES IN THEIR CABS REFUSAL WILL RESULT IN FINES AND DISCIPLINARY ACTION BY THE COMPANY

1st offence - 1 week suspension 2nd offence - 2 weeks suspension

3rd offence - Dismissal No longer working under the OJS roof sign

Accommodating Persons with Disabilities

The Management of OJS Taxi wishes to advise all its employees drivers and others operating under the OJS Taxi roof sign of the OJS Taxi policy with respect to blind passengers whether or not they use dog guides

Under the Blind Persons Rights Act of Ontario no person may either deny any person services customarily available to the public or discriminate against any person with respect to services available to the public for the reason that they are a blind person accompanied by a dog guide

Under the Ontario Human Rights Code every person has a right to equal treatment with respect to the supply of services which includes taxi services

Collective Agreement laquoCompanyraquo Page45

bull

without discrimination because of among other things a disability A disability includes any physical impairment such as being blind visually impaired deaf or hard of hearing

Guide Dogs and Taxi Services Many disabled persons are physically dependent on guide animals in their daily activities Canadians who are blind or visually impaired deaf or hard of hearing or who have other types of disabilities such as epilepsy are dependent on guide animals

Accommodation of these individuals necessitates that they be permitted to take their guide animals with them into taxi cabs Refusing to allow them to do so will infringe on their human rights and is against the Blind Persons Rights Act of Ontario and the Ontario Human Rights Code

This notice will simply repeat what should be apparent to you all that if a blind person with or without a dog guide is refused services by any OJS Taxi driver such actions will result in fines to the driver and other disciplinary action including the possibility of suspension by the Management of DJs Taxi Co Ltd

For more information regarding guide animals please review the attached pamphlet and information sheet published by Dog Guides Canada

Any inquiries concerning this policy should be directed to any member of the Management who will if it is required explain the policy to you

32 Drivers are not allowed in the dispatch office

33 All parking tickets will be paid by the rental driver responsible

34 In order to boost with Company owned taxicabs employees must request an obtain instruction from the garage manager or his designee on the proper method of boosting in order to reduce any risk of injury to the driver passenger and damage to the vehicle(s)

In the event of misuse employees at their discretion may be either disciplined in accordance with the principle of progressive discipline or have the option of reimbursing the Company for the cost of damaged parts

35 Any driver operating a taxi while his drivers license or taxi license is under suspension will be disciplined unless the driver can obtain written proof from the Ontario Ministry of Transport andor the appropriate taxi licensing authority that the driver did not receive evidence that hisher license was suspended or cancelled

36 When necessary or requested all elderly andor disabled customers are to be assisted in and out of taxicab at all times

Collective Agreement laquoCompanyraquo Page 46

37 No stealing fares

38 Drivers are not allowed to book no loads and run the fare

39 Drivers cannot refuse dispatched fares subject to article 1304 andor where the driver believes his safety or health is at risk

40 Failure to come to voice after two (2) requests by the Dispatch Supervisor will result in the Driver being suspended in the computer

41 Dispatch staff will not make phone calls for drivers unless it is an emergency situation

42 There shall be no personalization of any fares or trips placed through the Dispatch System of OJS Taxi except for returns east of but not including the Civic Hospital within the same twenty-four (24) hour period Where a return-call has been prearranged through the Dispatch System prior to the initial call being dispatched then the return-call cannot be personalized

43 Drivers will pay monies owed to the company by 400pm on the day that they are due No driver with an outstanding balance will be allowed to book on the sheet until their account is paid in full to the business office This means credited to their account and a receipt issued

44 Dispatchers shall give the line-up every thirty- (30) minutes except for the months of December January and February On implementation of the Computerized Dispatch this clause will be eliminated

45 All deliveries shall be given out as regular calls except where provided in this agreement and all employees shall have the option to refuse to deliver alcohol When a dispatcher requests a driver to call him for information concerning a delivery the dispatcher will first give the delivery address over the radio to ensure the delivery is being dispatched correctly

46 When drivers book out of their cars to attend scheduled complaint meeting appointments they shall be allowed to remain in their spot on the line up queue passed by for fares and treated by the dispatch as if they are no longer on the sheet

When the affected driver returns to his car and books back in he shall be returned to his position in the line up queue and given his next rightful fare

The maximum time a driver shall be allowed to book out for a complaint meeting is one half-hour

Collective Agreement laquoCompanyraquo Page 47

This rule shall only apply if the affected driver does not incur any discipline as a result of the complaint meeting

47 All cabs at DJS Taxi must have a mike clip and the clip must be used Drivers must pick up their mike when communicating

48 Drivers using vans as taxicabs must have and make use of (when requested or required) a portable step to assist passengers in and out of their vehicles

49 All taxicabs must be free of any body damage and any damage must be repaired within ninety- (90) days

50 Roof signs must be kept in good working order and condition with Company approved logo clearly visible front and rear

51 In order to ensure equipment is compatible with computer dispatch system all new radio equipment must be approved by the Company prior to installation

Collective Agreement laquoCompanyraquo Page48

SCHEDULE D CREDIT CARD POLICY amp PROCEDURES

DRIVERS MUST ACCEPT ALL COMPANY APPROVED CHARGES CREDIT AND DEBIT CARDS

DRIVERS MUST HAVE A POINT OF SALE UNIT AND A MANUAL PRINTER PER CURRENT BYLAW CITY OF OTTAWA

Due to the increased use of fraudulent Credit Cards by customers in taxicabs the following procedures have been developed to protect drivers from falling victim to Credit card fraud When accepting Credit cards the following rules must be followed

Credit and Debit Cards- the following rules must be followed

AUTHORIZATION OF ALL DEBIT AND CREDIT CARDS

All Credit Card slips must be authorized regardless of amount Verification is generally done after the fare is completed but verification of an estimated or known amount can be done prior to the completion of the trip if

bull The destination is beyond the radio coverage area bull The driver has reason(s) to suspect the validity of the card

INFORMATION REQUIRED FOR ACCEPTANCE OF DEBIT ANDOR CREDIT CARD SLIP FOR PAYMENT The completed Credit Card slip must contain all the following information

(a) Vehicle Number (pre-printed on POS slip if not to be written by hand at the bottom of the slip)

(b) Drivers ID Number and Initials (c) Amount of fare and gratuity (if applicable) (d) Authorization number (Pre-printed on POS slip) (e) Date of the fare (Pre-printed on POS slip) (f) The Debit or Credit Card must be swiped at all times (in the event that the

receipt does not print imprinting Credit Card only on manual imprinter is acceptable with customers signature but the imprint of the card number has to be clear) In the case of a swiped transaction part of the card number will display per Credit and Debit Card industry rules

(g) Customers signature clearly written (Credit Card only) marked TRANSACTION COPY We will accept the CUSTOMER COPY as long as it has the customers signature Debit POS slips are to be submitted marked TRANSACTION COPY NO SIGNATURE IS REQUIRED

Collective Agreement laquoCompanyraquo Page49

DISPUTES BY A CUSTOMER

Should a debit or credit card slip be disputed by the customer their bank or other financial institution the company will investigate If such investigation proves fraud or error by the driver the driver will be charged back for the full amount of the charge

If the disputed transaction was processed on a non-company unit a $500 plus HST charge plus the value of the charge will be debited to the drivers account The Company will refund the customer for the value of the charge

Should a customer andor driver report that the charge has been approved more than once the Company will investigate The Company does not allow any refunds in the taxicab Drivers can void a transaction but this must be done before Batch Closing the transaction A Void can only be done in the presence of the customer as the card (debit or credit) must be present The driver can then re-swipe the card for the correct amount The Company publishes a toll free number for customers or drivers to call with any concerns about a transaction If a customer has been charged more than once for the incorrect amount the following procedures apply

Credit Card

The Company will verify that the customer was charged multiple times or has been over-charged and issue a refund as necessary The Company will send a copy to the customer upon request All refunds are processed on a Point of Sale unit or Virtual Merchant (on-line) The Company may contact the driver to determine the validity of the customers details

Debit Card

The Company will verify that the customer was charged multiple times or has been overcharged and issue a cheque refund as necessary The Company keeps a copy of the cheque issued

GENERAL INFORMATIONGUIDELINES

1 If the driver has overcharged the customer and has been paid the incorrect amount the Company will adjust the drivers account and provide a receipt The Company maintains a log in the even there is a dispute by the driver or the customer If the driver reports the overcharge that is logged on a Customer Incident Form which has a Control Number

2 Hand written Credit Cards will not be accepted All Credit Cards must be passed through a manual imprinter which clearly shows the full credit card number If the credit card number is not clear and cannot be authorized

Collective Agreement laquoCompany Page 50

the driver will face debitchargeback of the amount as it cannot be authorized

3 The only Credit Cards accepted by Taxitab a division of Coventry Connections Inc are

i Visa ii Mastercard iii American Express

Note Visa Mastercard and American Express all issue prepaid credit cards these are all accepted

4 Taxitab a Division of Coventry Connections accepts Debit Cards for Canadian Financial Institutions Debit Cards for foreign banks may not

work on the unit Visa Mastercard have commenced issuing Debit Cards these are all accepted These cards are clearly marked on the face of the card with the Visa and Mastercard logos

5 The following items are to be checkedverified by the driver upon presentation of a Credit Car (a to d) Debit Card (d only)

CHECK LIST

(a) Expiry Date Ensure the card is valid Check to be sure that the Card is not being used beyond the expiry date printed on the card If the card is expired refuse to accept it

(b) Altered Cards Check to see if the card has been noticeably altered in any way If it has been refuse to accept it

(c) Card holders name and signature Check that the signature on the Credit Card slip is the same name printed on the card At the same time check that the signature is the same as the signature on the rear of the card If there is no signature on the rear of the card ask the customer to sign it as you are required to check this

If in doubt ask to see some other form of identification (preferably one with a picture and signature) that ensures that the person using the card is who they say they are

(d) Amount of fare and gratuity (if applicable) The amount of the Debit or Credit card slip must be equal to the amount of the fare and the gratuity (where applicable) Each amount should be entered in their respective places and only by the customer unless otherwise directed In the case of a Debit Card customer must always enter their PIN number to

Collective Agreement ltbullCompany Page 51

authorize the card Drivers must remind customer that the TIP field comes first followed by the PIN number

(e) $150 Surcharge

Debit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated by the City of Ottawa By-Law The $150 charge is prompted by the point of sale unit automatically The Driver receives 65cent of the $150 for every transaction

Credit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated in the City of Ottawa By-Law The $150 charge is NOT prompted by the point of sale unit automatically The driver adds the $150 to the metered amount and enters this total in the base amount field

6 CAUTIONS

7

(a)

(b)

(c)

Bank Card only have the Bank name on the card

Credit Cards are identified by the VISA MASTERCARD AMERICAN EXPRESS OR DINERS CLUB-ENROUTE symbols Only Cards with these symbols will be accepted

Credit Cards will have a holographic image on the face of the card

CASH ADVANCES

The use of Credit Cards for cash advances in the taxicab is not permitted Credit Cards must only be used in the taxicab for paying for an actual fare Anyone using a Credit Card in a taxicab to obtain cash advance is most likely using a stolen or fraudulent card

8 OUT OF TOWN FARES

For the drivers protection it is suggested that for fares going out of town and the customer wishes to pay by Credit Card it is recommended that the driver authorize the fare at the beginning of the trip (dispatcher can give an estimated amount) If there is a difference process the difference at the end of the trip There is a pre-authorization feature available for Credit Card only on the Point of Sale unit The Company can activate this on driver request but the driver must be

Collective Agreement ccCompany)) Page 52

bull

9

given correct training for this There are several steps involved with pre-authorization that must be followed before batch closing

BATCH CLOSING

Drivers must close transaction in the terminals at the end of their shift Credit Card authorizations only remain in the terminal for five (5) days after that the processor closes them automatically Drivers must batch close all credit cards no later than four (4) days in order for the items to appear on the batch close report

Batch Close reports will print separately for Debit and Credit Cards and list the details of the transactions in the terminals showing the card type and the last four (4) digits of the card involved This Batch close cannot be reprinted drivers must hold on to them Attach the slips to the Batch Close and bring to the cashier The cashier will verify the attached slips are on the batch close and proceed to pay or credit the driver assuming all slips are authorized and complete (as discussed above under (1) Authorization Procedures)

The following circumstances regarding Batch Closes will apply

(i) Batch Close with All Debit and Signed Credit Card slips- Driver will be paid or credited at time of presentation at a cashiering station

(ii) Batch Close- No Debit Slips if the batch close shows a Debit Slip and the driver has misplaced or lost the slip the Driver will be paid or credited at the time of presentation at a cashiering station

(iii) Batch Close No Credit Card Slip- No Slip No Payment at time of cashiering (driver is to go to Driver Admin in this instance) If the driver has a signed manual slip and the last 4 numbers of the card match those on the batch close the slip will be accepted by the cashier

NO BATCH CLOSE REPORT -If a Driver has lost or misplaced Batch Close report the Driver is to go straight to Driver Admin (not cashiering) The Driver is to bring the receipts (if there is a credit card slip with no signature there is a separate procedure for this below) he has for which he has not batch close Driver Admin will initiate a Batch Close Incident Report which has a Control Number for future reference The Procedure is as follows

(i) Driver Admin to Photocopy all Slips and write the Control from the Batch Close Incident Form on the photocopy and date the sheet The

Collective Agreement ccCompanyraquo Page 53

bull

bull

Driver is to keep this in the event of a dispute or apparent nonshypayment in account

(ii) Driver Admin will complete the top copy of the report attach a copy of the slips The Driver will complete the bottom part of the report and sign it

(iii) Management will need 72 hours (three business days) from the date of Incident Report to investigate the transaction has been settled in the POS unit

(iv) Providing Management confirms the transaction is complete the slips will be credited to the Drivers account and a receipt will be printed A copy of the receipt is attached to the Batch Close Incident Report The Control from the Form is entered when the the amount is credited for reference A receipt can be printed at that time by cashier

(v) In the event that a driver does not have a Batch Close and presents a credit card slip with no signature the following will apply

(vi) If the Driver experiences a problem with the Batch Close or operation of the unit the Driver is to bring the unit to the office during normal hours Management will investigate the issue and call Driver to reshyissue the unit completing paperwork for the replacement unit which the driver will sign

Any driver attempting to defraud a customer by processing a debit or credit slip more than once will be terminated

Collective Agreement laquoCompany)) Page 54

bull

bull

SCHEDULE E STOLEN FARE POLICY

Whenever the Dispatch Supervisor receives a complaint that a fare either dispatched to the complainant or from within the same block of taxi standconcession on which the complainant is parked has been stolen and the identification of the accused is made known the Supervisor shall

(a) Bring the accused to voice and notify himher of the allegations

(b) Inform the complainant that a deposit of forty dollars ($4000) must accompany his accusation and to be deposited within one (1) hour of the complaint Where applicable inform the complainant that the accused wishes to challenge the allegations and the date and time of the hearing shall be known to both parties

(c) A failure of either party to attend the hearing will result in an additional fine of forty dollars ($4000) to be paid within sixty (60) minutes of the conclusion of the hearing or a suspension ob the absent party until payment is received

(d) Inform the accused of the available options

(i) Arrange for repayment of the fare in its entirety to a minimum of forty dollars ($4000) to the complainant a Union representative or the Company on behalf of the complainant within sixty (60) minutes or

(ii) If the allegation is being denied and the accused wishes to refute it forty dollars ($4000) must be deposited at the dispatch office within sixty (60) minutes with a notification to the Dispatch Supervisor that the allegation is being challenged

Where the accused fails to respond to two (2) voice messages or refuses to comply with (c) the accused shall have dispatch services suspended until in compliance or the Company receives instructions from a Union Representative to do otherwise

The penalty for a wrongful accusation is the payment of forty dollars ($4000) to the accused by the accuser in addition to the return of the accuseds deposited payment

It is understood and agreed that the action(s) of the Dispatch Supervisor(s) in the compliance of this Policy is not to be construed as a determination of who is the guilty party In all disputes regarding stolen fares the Committee shall make the final determination with respect to guilt

Collective Agreement laquoCompany Page 55

bull

bull

Note Such fare(s) will not be considered as Stolen Fare(s) if picked up by driver(s) arriving on the Concession(s)Taxi Stand(s) prior the driver(s) who accepted the dispatched fare(s)

Collective Agreement ((Company Page 56

bull bull

APPENDIX 1

PLATE CAR LESSEE IND START LESSEE START

1 1027 5027 ADAM GRANT 1 91111986 111987

2 1015 5015 TIMS VAUGHN 411995 411995

3 1043 5043 MARTON FERENC G 10251995 10251995

4 1050 5050 DUBOIS JOHN 12111994 311996

5 1048 5048 SUNIL JOSHI 1111994 711996

6 1030 5030 SLIM MOHAMED 711996 7111996

7 1041 5041 JAMALEDDINE ZAHER 911996 911996

8 1040 5040 MAHEUX FRANK 11151996 181997

9 1109 1 5109 ASTLEY JAMES 1011994 1131997

10 1045 5045 MELHEM SAMIR 1211996 9211997

11 1028 5028 LABINE ANTHONY 10151980 11281997

12 1054 5054 ELmiddotNEMER NEMER 11131997 21271998

13 1113 5113 WEAGANT BROCK C 82211988 3131998

i

14 1039 5039 SOBH HAC HEM 11171997 5111998

15 1044 1 5044 MOUFARREJ RAYMOND 10241996 1161998

16 1042 5042 MCCONVILLE BILL 311992 11111998

17 1107 5107 GIANNAKOS LOUIS I 9111997 491999

18 1026 5026 VERMA LALIT 51261996 5311999

19 1033 5033 MITCHELL BRUCE 111987 9301999

i

20 1108 5108 PAPPAS CHRISTINE 121111991 1041999

rmiddot 1014 5014 NYTRA BEDRICH 961996 3302000

22 1000 5000 ABOUmiddotARRAG SAM I 611997 7132000

23 1038 5038 MUNROE JOHN 1111977 492001

24 1022 5022 RADULESCU GELU 611999 5232002

25 1139 5139 HASSOUN I MOUFID 71211999 8152002

26 1006 5006 SADER I GHASSAN 6211999 292004

27 1029 5029 CLAYTON GREG 911980 21132004

Collective Agreement ccCompany Page 57

bull

28 1034 5034 IBRAHIM 12301995 4302004

29 1037 5037 ABDALLA HASSAN I 3312000 2202006

30 1010 5010 HASSOUN AD NAN 8272001 312006

31 1031 MASSOUD 1241998 312006

32 1 1o35 5035 JANCO 911992 362006

1 33 1036 5036 SINGH BALWANT 92211999 3172006

Collective Agreement ltltCompanyraquo Page 58

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 13: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

and the telephone number given at the time of the cancellation matches the telephone number given at the time of the request for the taxicab andor when a vehicle is dispatched to a non-existent address that is confirmed by the dispatch Supervisor the vehicle sent to that address would be placed in the first available position in the priority queue (given a No load)

bull No Load Priority Cancellation Local Incomplete Address

1213 In the event of a failure or malfunction of the computerized dispatch system the Company agrees that after a maximum of ten (10) minutes the addresses of the calls waiting will be made known to the drivers by voice In the event the server(s) is down for longer than twenty (20) minutes the Company must credit every driver in the bargaining unit an equal amount using the following formula five hundred dollars ($50000) divided by the total number of drivers in the bargaining unit to a maximum of two (2) crashes per month The Company will be entitled to two (2) downtime occurrences per month for upgrading and maintaining dispatching software and call centre hardware The Company agrees to notify the Union of the time and date of any organized shutdown The Company shall use its best efforts to have the shutdown during non-peak hours

1214 The Company agrees that dispatchers shall co-operate in every way possible to aid an employee who reports himself in danger The dispatcher shall not assess for himself the degree of urgency in any distress call and shall utilize nearby taxicabs andor police to provide aid

1215 (a) Time Calls

Time calls are prearranged calls Pre-arranged fares going to the Airport Train or Bus Station or downtown will also be considered a time call Time calls will be dispatched fifteen (15) minutes prior to the requested time to the first car booked on the corresponding stand

Out of town fares are calls reserved at least one ( 1) hour prior to the requested time It must have an estimated destination exceeding 100 kms or be on the middotflat rate sheet These fares will be dispatched forty-five (45) minutes prior to the requested time

The dispatcher may increase lead-time for time calls or out of town calls if weather traffic road conditions or the distance to locations warrant it

Collective Agreement ccCompanyn Page 11

(b) No information will be given out by the dispatch staff concerning fares coming into the Company office except for requests concerning the number of time calls to be dispatched between the next time period of 330 am - 630 am Dispatchers shall upon request inform the driver of the number of time calls to be dispatched during the next time period of 330 am - 630 am Dispatchers shall not give out any information with reference to the location of any time calls

1216 It is agreed that any concessiontaxi stand fares must be dispatched to drivers booked on the sub zones If no drivers are booked on the sub zone the fare will be dispatched as a regular fare If no drivers are booked on the zone the fare will be displayed on the main zone only as a fare waiting

1217 Attributed Call

These are calls where a special circumstance is made known to the Callshytaker and drivers are not forced to accept

Attributed calls shall include calls originating from the following locations or where the special circumstance indicated is made known to the phone staff

1 Bars -(except those listed as Messages) 2 Parcels 3 Wheel Chairs 4 Animals -(except guide animals) 5 Bicycles 6 Moving Jobs 7 Station WagonsNans 8 Boosts 9 No-Van Calls

Calls originating from the following addresses will be sent out as messages however should there be a Call-back for any of these addresses the Call-back shall be dispatched as a Local to the first car booked on the appropriate Zone

(a) OConnorsAMC Theatres (Kanata Centrum)

(b) Vox LoungeCock amp Bull (Bells Corners) (c) Park n Rides

(i) Baseline Station (ii) Fallowfield Station

(d) Grace OMalleys (Merivale and Capillano)

Collective Agreement ccCompanyu Page 12

1218

(e) (f) (g) (h) (i) (j)

Sergeants Pump (Merivale Rd) Coliseum Theatres Bayshore Transit Eagleson Transit Station Kanata Town Center Terry Fox Transit Station

For the purpose of article 1224 the following hours are considered peak periods

(i) During the months of November December January and February Mon - Fri 700 AM - 500 PM Thurs - Sat 500 PM - 300 AM New Years Eve 500PM-500AM New Years Day

(ii) During the months of March April and October Mon - Fri 700 AM - 300 PM Fri amp Sat 11 00 PM - 200 AM

(iii) For Canada Day 400 PM - 200 AM for

Christmas Day New Years Day (except as outlined above) Good Friday Easter Monday and Thanksgiving Day are exempt from the above

1219 Fares originating in the City of Ottawa and any other points west of Ottawa including Richmond Ontario shall be dispatched to the first taxicab appropriately booked on the corresponding stand

1220 Weather permitting there should never be a call back from customers due to the late arrival of a cab All fares accepted must be serviced without delay All stands will have a maximum response time limit of fifteen (15) minutes Phone personnel will tell customers that the cab will arrive within 10-15 minutes please be ready

Should the Company receive a Call-Back after the lead-time of a dispatched fare discipline shall be applicable to the affected driver(s) as follows

(a) 1st Offence First written warning and a fine of $2000 will be imposed and collected by way of the drivers account

(b) 2nd Offence Second written warning and a fine of $3000 will be imposed and collected by way of the drivers account

(c) 3rd Offence- Third written warning and a fine of $5000 will be imposed and collected by way of the drivers account

Collective Agreement ((Companyraquo Page 13

(d) 41h Offence- A final written warning and fine of $7500 will be imposed

and collected by way of the drivers account

(e) 5th Offence- Dismissal

Monies collected shall be used to appease dissatisfied customers and to advertise the DJs business

1221 Locals I Freebies

1222

1223

1224

a) b) (c)

These are calls that are dispatched to the first car booked in a Zone (Stand) and the driver accepting said call has a maximum of thirty 30) minutes to complete the call and rebook on the same stand the call was dispatched from in order to be placed in the first available position in the priority queue

Locals shall include calls originating from the following locations

Major shopping centres Groceries A list consisting of a maximum of five 5) addresses

When being dispatched on the Computerized Dispatch System Fare Waiting shall mask all calls or trips for the duration of this Agreement

No calls trips or parcels shall be dispatched on voice except where provided in this Agreement

In recognition of the fact that the Company operates a multi-fleet dispatch operation the Company and the Union agree that the staffing levels of the dispatch operation to service the DJs fleet shall always be no less than one (1) call taker and no more than middotfive 5) call takers One (1) call taker shall always have priority to respond to DJs calls with the balance of the call takers having secondary priority on a cascading basis To address any problems arising from dispatch issues the parties agree to establish a Dispatch Committee of equal representation to meet at mutually agreeable time frame upon request of either party within fifteen (15) days of notice being given by either side Issues may include but not restricted to hardware software or manpowerstaffing The Parties agree to address any such issue in an expeditious and fiscally responsible fashion

When the DJs fleet reaches one hundred and thirty (130) taxi cabs the Company shall add a second call taker having priority to respond to DJs calls but only during peak periods When the DJs fleet reaches one

Collective Agreement laquoCompanyraquo Page 14

hundred and sixty (160) the Company shall increase the number of call takers to two (2) having priority to respond to DJs calls at all times

1225 A list of persons and addresses owing money to drivers for fares not paid shall be compiled by the Company and kept in the dispatch office at all times No requests for taxicabs or specialty services excluding school and contract runs shall be dispatched to these persons andor addresses until the monies owing are paid

1226 Dispatchers phone staff and supervisors shall not remove falsify alter any request for taxicab service placed with DJs taxi dispatch service

1227 The Company shall ensure that dispatchers phone staff or supervisors shall not accept money or other forms of favour or inducements from any person where the objective of such payment is the granting of preferential treatment to any individual in respect of dispatch services

1228 When a call back is received after the lead time of the call in question the dispatch supervisor will send two 2) voice messages at least one (1) minute apart for the driver to come to voice If the driver fails to respond the call will be re-entered as a local call and if said driver is booked into the system heshe will be suspended until there is a response Drivers failing to go on or being late on their calls will be further disciplined in accordance with progressive discipline

1229 The Company shall discipline any driver who assigns a dispatched fare to another driver

1230 (a) The discipline or discharge of a driver who has completed hisher probationary period shall be grievable in accordance with Article 24 of this Agreement The Company agrees that it shall apply the principle of progressive discipline However the Company reserves the right not to apply the principle of progressive discipline for certain offences based on their severity

(b) The Company shall discipline any driver as follows for the specific offences listed below

i) Assigns or redirects a dispatched fare to another driver operating under the OJS roof sign as follows

a) 1st offence- 1 shift b) 2nd offence- 2 shifts c) 3rd offence - 3 shifts

Collective Agreement laquoCompanyraquo Page 15

(ii) Cancels a fare already inputted into the Ziptrack Dispatch System as follows

(a) 1st offence- 1 shift (b) 2nd offence - 2 shifts (c) 3rd offence- 3 shifts

(iii) Telephones the Ziptrack Dispatch System with an illegitimate call as follows

(a)

(b)

(c)

1st offence - 2 shifts and $2500 to the affected driver pajable by the offending driver 2n offence - 4 shifts and $2500 to the affected driver payable by the offending driver 3rd offence - termination of employment

(iv) Assigns or redirects a dispatched fare to another driver operating under another roof sign as follows

(a) 1st offence- termination of employment

For purposes of this provision one (1) shift is a period of twelve (12) consecutive hours for a twelve (12) hour driver and twenty-four (24) consecutive hours for a twenty-four (24) hour driver

1231 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical break down emergency or any other reason(s) not herein listed the dispatcher shall re-dispatch the fare and suspend the driver for one (1) hour

1232 Definitions

Accessible call means a valid request for an accessible taxicab by a person with a wheel chair or is otherwise defined by any statute or regulation thereof

Accessible Driver means a driver who is qualified to drive an accessible taxicab under the applicable By-laws of the City of Ottawa

Accessible Plate means a licence for an accessible taxicab that is issued to a person who has qualified to hold an accessible licence under the applicable By-laws of the City of Ottawa

Collective Agreement laquoCompanyraquo Page 16

middotAccessible Taxicab is a taxicab which is designed to accommodate one or more individuals who require the use of a wheelchair without the need to transfer the individual from the wheelchair which vehicles are otherwise subject to federal and provincial legislation applicable to the transport of Physically Challenged Persons and in respect of which an accessible plate has been issued

Attribute means in respect of a vehicle the association with that taxicab in the Ziptrack dispatch software system of a special feature (or restriction) for that vehicle required for specific types of fares

Call means a request for taxi service received by Ziptrack by a telephone call to the DJs Taxi number 829-9900

Cover or Covered as applicable to a fare means there-dispatch of a previously accepted fare at the request of the accepting driver for valid reason (mechanical breakdown accident or other emergency) in accordance with normal dispatch procedures

Taxi Stand means a space on private property for taxicabs operating under the DJs Taxi roof sign specified under an agreement between Coventry Connections Inc or Ziptrack Inc or a space specifically designated as a taxi stand from time to time on a public street or other public space by the City of Ottawa

Accessible Vehicle Dispatch

(a) It is agreed that calls placed through the dispatch system for an accessible taxicab shall be dispatched only to accessible taxis defined by the dispatch system as an Attribute Where there are no accessible taxicabs booked into the dispatch system and available to accept a call such call shall be displayed as being available on the fare broadcast screen

(b) An accessible taxicab may be dispatched as a standard sedan taxicab at anytime that it is not dispatched on an accessible fare An accessible taxicab shall not be given priority for any type of fare other than an accessible fare An accessible taxicab shall be booked off all zones when any fare is accepted or rejected

(c) The driver of an accessible taxicab is not authorized to reject an accessible fare if he is booked on the dispatch system or is in a queue at a taxi stand or company concession Failure to accept an accessible fare shall be deemed a rejection of an accessible fare and shall be subject to discipline

Collective Agreement ccCompany Page 17

1301

1302

1303

1304

(d) In the event that a driver of an accessible taxicab who has accepted an accessible fare requests to be covered and where such request is granted the driver shall be booked off the dispatch system for a minimum of one (1) hour or until the fare is covered

(e) The driver of an accessible taxicab that rejects or is deemed to have rejected an accessible fare under paragraph (c) above shall be booked off the dispatch system until one ( 1) hour after the accessible fare has been accepted and or service (the record of which not withstanding sub-Article 908 of the Collective Agreement shall be kept for five (5) years

(f) All accessible calls shall be masked by ACCESSIBLE FARE WAITING

(a)

(b)

(c)

(d)

(e)

ARTICLE 13 EMPLOYEES DUTIES

All employees shall perform their duties in a business like professional and courteous manner and shall not use abusive language on the air to customers or to Owners Group Staff

All employees shall be neatly dressed well groomed neat and clean in personal appearance

All employees shall give a receipt on the authorized form of the Owners Group showing the date car number and drivers name when requested to do so by the passenger or whenever there is a dispute over the fare

Subject to the above and except when he has a previous engagement ttle employee shall serve the first person requiring the service of his taxicab except when the prospective passenger

Is disorderly or abusive or poses a health or safety risk In cases of disputes involving intoxication andor health and safety risk and while the well being of the driver is of paramount importance extreme caution and sound discretion must be exercised prior to any refusal At all times the nature of the business that being a service Industry must be borne in mind so each and every situation must be measured on its own merit by the driver

Is in possession of an animal other than a Guide Animal or

Refuses to state his final destination upon entering the taxicab or

Has not paid a previous fare or

Refuses to pay in advance for flat rate out of town trip(s) or

Collective Agreement laquoCompanyraquo Page 18

(f)

1305

1306

1307

1308

1309

(a)

(b)

(c)

Has called two (2) cab companies for the same fare

In the event a driver discovers a lost object in the taxicab he shall immediately advise the dispatch supervisor of his findings with a description of the object an approximate idea of who might have left said object along with the pick-up and drop-off addresses of the customer if possible

Within twenty-four (24) hours of an objects discovery the driver shall take said object to the nearest Ottawa police station or to the Ziptrack Inc dispatch office at no cost or when directed to do so within the above mentioned twenty four (24) hours A receipt for said object will be issued if requested

Subject to Article 1305 should the customer wish the immediate return of the lost object the dispatcher shall notify the customer of the approximate metered cost of return from the location of the driver at that time and the employee shall return the object immediately to the customer at the standard metered rate

No employee shall be forced to violate a Municipal Provincial or Federal Law or regulation in the performance of ~1is duties

The Company shall provide the drivers with a list of all current flat rates Upon any changes to said list a new list shall be issued within thirty (30) days following such changes

No person(s) who will be driving under the DJs roof sign except for rehires who have been absent for less than three (3) years shall be hired or permitted to commence employment until

Heshe has successfully passed the test which the Company shall devise and administer with regard to the operation and knowledge of the taxi related Industry Said test shall include but not be limited to the knowledge of the Ottawa-Carleton area but with an emphasis on the areas directly affected by this collective agreement

Orientation by the Operations Manager or his designee on the DJs Taxi charge system

Heshe has been given a six (6) hour in-car training session This session will comprise of accompanying the prospective employee for a period of six (6) hours to learn the stands customer relations specific to DJs Taxi two-way radio booking practices and a general familiarization with the DJs environment The cost associated with this in-car training session shall be

Collective Agreement ccCompanyraquo Page 19

$10000 and said cost shall be borne by the prospective employee Failure to pass any portion of this test shall result in a fourteen (14) day waiting period before the applicant will be allowed to re-do the portion(s) of this sub-article which heshe has failed The cost associated with re-doing a) or c) will be $5000 while re-doing both would be $10000

During this waiting period the applicant will not be allowed to operate under the DJs roof sign No person operating a taxicab under the DJs roof sign will be assigned any duties associated with this sub-article

Tests are given on the first and third Mondays of each month on a first come-middotfirst serve basis by appointment Failure to attend for a scheduled date and or time will result in the forfeiture of the appointment and a new date will be booked on a first available basis only

ARTICLE 14 TECHNOLOGICAL CHANGE

1401 Technological Change means but is not limited to the introduction of changes to the present systems the introduction by the Company of additional radio channels computerized dispatching systems or any other mechanical electrical or other system including but not limited to fuel systems at no cost to the drivers

1402 In the event of any technological change the Company shall notify the Union in writing at least ninety (90) days before the introduction of such changes unless prior discussions with the Union have occurred

1501

1502

1)

2)

3)

ARTICLE 15 SENIORITY

Seniority shall be applied in determining layoffs preference for time off and recall from lay off as set out in other provisions of this agreement

Prior to being offered employment an individual shall be required to present to the Member of the Owners Group and the Company all relevant documentation namely

Valid Ontario or Quebec Provincial drivers license with a current provincial driving record with no more than six (6) demerit points at such time and if applicable has been pardoned for any prior conviction for impaired driving

Applicable Taxi Drivers License

Original copy of a Motor vehicle drivers abstract no older than twentyshyeight (28) days

Collective Agreement laquoCompanyraquo Page 20

4) Letter from previous or present insurer (where possible)

5) Work permit if applicable

6) Proof of Union membership

7) Social Insurance Numbercard or verification from appropriate federal government department of such number

8) A clear Police Criminal Record check no older than twenty-eight (28) days

9) Training as set forth in 1309

The above requirements do not apply to a driver who changes status or moves between Members of the Owners Group or Single Plate Owner or Single Plate Lessee provided the driver does not go more than thirty (30) calendar days without being registered on a taxicab except by reason of a proven medical illness Requirement 9 above does not apply to a driver who had previously driven under the DJs Taxi roof sign within the previous twelve (12) months Nevertheless each driver is required to register such changes with the Company To facilitate the drivers ability to register such changes the Company office shall be open from 830 am to 200pm daily except Saturday Sunday and Statutory Holidays

1503 The Owners Group shall recall laid off employees in the reverse order of lay-off

1504 A driver injured or ill should notify the Company and the Union within two (2) weeks of his absence and should arrange to provide a detailed mediqal certificate as evidence of injury or illness and an estimated time of return signed by a doctor in order to preserve his seniority Only an employee returning from an absence of eighteen (18) months or less due to injury or illness shall be returned to his previous vehicle provided that said vehicle is still working as a taxicab if it is not he shall be returned to another vehicle on the same shift he had prior to his injury or illness

A driver replacing another driver who is on sick leave shall be notified of his status by the Owners Group and the Owners Group shall notify the Union of all details

An employee returning within 30 days from an absence due to injury or illness shall be returned to his previous vehicle provided said vehicle is still working as a taxicab and if it is not heshe shall be returned to another vehicle

Collective Agreement laquoCompanyraquo Page 21

1505

(a)

(b)

(c)

(d)

An employee returning to work after thirty (30) days but less than eighteen (18) months from the commencement of hisher injury or illness shall be returned to work displacing the most junior driver driving with the individual member of the Owners Group

Clarity Note (i) A twelve (12) hour driver returning from illnessinjury shall be returned to a twelve (12) hour shift car by replacing the most junior driver driving Should the most junior driver be driving a twenty-four (24) hour car heshe would then be offered the shift remaining after the returning driver has chosen

Clarity Note (ii) A twenty four (24) hour driver returning from illnessinjury would replace the most junior driver and assume hisher shift

Clarity Note (iii) Returning employees shall be given the first available car corresponding to their previous shift

An employee shall lose seniority and as such will cease to be an employee upon

Voluntarily quitting or resigning

Being discharged for just cause and not having been reinstated through the grievance or arbitration procedure

Failing to rent an available vehicle when duly notified of same while on layshyoff except or for certified medical reasons

Being laid off being without a valid work permit or being without a valid Provincial drivers license or appropriate Municipal taxi drivers license for a length of time equal to that employees seniority or twelve (12) months whichever is less

ARTICLE 16 COMMITIEES

1601 A UnionManagement committee shall be appointed consisting of up to three (3) representatives from the Union and up to three (3) representatives from the Company This committee shall meet every six (6) months for the purpose of discussing matters of mutual concern

1602 A safety committee consisting of at least two (2) representatives of the Union and two (2) representatives of the Owners Group shall meet at a mutually agreeable time frame upon the request of either party within thirty (30) days for the purpose of discussing matters of mutual concern Minutes will be kept of each meeting

Collective Agreement laquoCompany Page22

1603 A rules committee consisting of up to three (3) representatives of the union and of up to three (3) representatives of the owners group shall meet at a mutually agreeable time frame upon the request of either party within thirty (30) days for the purpose of negotiating changes to existing rules and for discussing any new rules prior to their implementation

1604 To address advertising the parties agree to establish an Advertising Committee of equal representation to meet at mutually agreeable times upon request of either party within fifteen (15) days of notice being given by either side The Committee shall be responsible for a budget of $2625000 over the term of this collective agreement which sum shall be spent to advertise and promote the DJs business

The parties must agree when and how the advertising will be allocated However the parties agree that advertising would include

bull Flyers bull Newspaper Ads bull Promotional Items (eg fridge magnets) bull Radio

ARTICLE 17 SAFETY AND HEALTH

1701 It is understood and agreed that driver safety is important to the individual employee and to the industry as a whole The Owners Group and employees agree to exercise their rights and to fulfil their obligations in accordance with this understanding The Owners Group will continue to encourage and welcome safety recommendations for the safety and health of drivers during their working hours

1702 The employer shall supply only safe and roadworthy vehicles and the equipment contained therein and the vehicles themselves shall be maintained in good working order Each rental vehicle shall meet the mechanical fitness standards as defined in Provincial legislation

1703 The Company agrees to pay the premiums to an insurer chosen by the Company to provide term life insurance coverage in the amount of ten thousand dollars ($1000000) for all employees provided that the affected employee has a minimum of one (1) year seniority under the DJs Taxi roof sign and is actively working on the day he attains this one ( 1) year seniority

All claims and payments shall be in accordance with the terms of the master policy of the insurer and the Company shall not be liable for any

Collective Agreement laquoCompanyraquo Page 23 middot

bull

non payment by the Insurer This insurance coverage will not be provided to any driver who is 65 years or older at any time during this agreement

The Company shall aid in collecting monies by allowing a cash donation box to be set up at their office for driver(s) involved in serious accidents The Company shall not be responsible for said box

1704 The Company shall supply a safety shield for the company owned rental vehicle when requested by that driver

All rental drivers who request a shield must continue to operate on a vehicle that is equipped with a safety shield so long as said driver is operating under the DJs roof sign provided one (1) is available Company rental drivers working with a shield shall have the option of refusing to operate any spare rental vehicle not equipped with a safety shield However once a driver accepts a spare rental vehicle not equipped with a shield he will be deemed to have given up his right to exercise this option on the same shift

ARTICLE 18 WORK WEEK

1801 The Owners Group agrees that the employees shall determine their work week subject to the provisions of this agreement

1802 The Owners Group agrees that the work week shall be based on seven (7) days

1803 Rental drivers shall pay their weekly rental over six (6) days and have the use of the vehicle for seven (7) days

1804 Stand rents for car owners shall be calculated weekly paid monthly or weekly at the discretion of the employee but limited to one change in the payment structure per calendar year Any reduction is to be calculated on a weekly basis and there shall be no reduction given for anything less than seven (7) consecutive days off except where provided in this agreement

1805 Shifts shall be mutually agreed upon by the partners on the vehicle and in case of dispute shifts shall commence at 400am and 400pm The change-over location shall be mutually agreed to by the partners on the vehicle and in case of dispute change over shall be at the Companys office

ARTICLE 19 STATUTORY HOLIDAYS

Collective Agreement laquoCompanyraquo Page 24

1901 (a)

(b)

All rental drivers (12 amp 24 hours) of the Owners Group shall be entitled to the following days off provided that they have worked more than three (3) consecutive months under the Companys roof sign

All single plate owners (SPO) and single plate lessees (SPL) shall be entitled to the following days off provided that they have completed three (3) months of service under the Companys roof sign and they shall not be charged plate rent or stand rent for said statutory holidays

Employees meeting the criteria outlined in (a) and (b) above shall be given credit for said days whether they choose to work or not Credits for statutory holidays shall be given at the time that payment is made for the period covering the day of the holiday

New Years Day Family Day Good Friday

Victoria Day Canada Day Labour Day

ARTICLE 20 TIME OFF

Thanksgiving Day Christmas Day Boxing Day

2001 All rental drivers (12 amp 24 hours) shall be entitled to four (4) weeks annual time-off

All single plate lessees (SPL) shall be entitled to five (5) weeks annual time-off for which they shall not be charged stand rent for time-off taken During said time-off heshe shall not be charged plate rent for the first four (4) weeks

All single plate owners (SPO) shall be entitled to seven (7) weeks annual time-off During this period they shall not be charged stand rent

SPOs and SPLs outlined above will be granted their requested time-off entitlement provided they have no balance owing and provided that a minimum of one (1) week written notice is given to the individual Member of the Owners Group (MOG) and the Company and provided further that said drivers have a minimum of one (1) completed year of uninterrupted service under the Companys roof sign

In cases of accidents and major breakdowns involving SPO and SPL no notice period will be required for time-off and credits for such time-off will be based on daily increments

Where a SPOor a SPL has used all hisher allotted time off and said SPO or SPL has an accident or major breakdown heshe will be given up to a maximum of ten (1 0) additional days of time off and during said time

Collective Agreement laquoCompanygtbull Page 25

heshe shall not be charged any stand rent subject to proof of inoperability of the vehicle being provided

In the case of SPOs and SPLs extended time-off will be allowed for overseas trips All rents must be paid in advance to cover the time off for the extension

Explanation Car owners time off is only when the car is off the road If the SPO or SPL puts a driver on the car it is not considered part of this time off

2002 Single plate owners and single plate lessees will be responsible for arranging for time off for their drivers

2003 Time off may be taken weekly or bi-weekly at the employees discretion Provided further where the employee has taken a minimum of one (1) week heshe may take additional days) of less than weekly increments) in conjunction with the one 1) week

2004 Time off must be taken during the calendar year and cannot be accumulated over more than one calendar (1 year

2005 The MOG SPL and SPO agree that roof signs taxi plates and all other items (computer equipment will remain with the Company during the employees time-off and in the case of rental drivers the rental vehicle will be returned to the vehicle owner

ARTICLE 21 INSURANCE

21 01 Every car owner has the right to obtain insurance from the broker or Company of their choice without interference from the Owners Group

2102 The Owners Group shall upon written request from an employee who is presently insured by a member of the Owners Group provide written details of claim settlements and accident records

2103 The Company shall provide at no extra cost motor vehicle insurance coverage with collision provision deductible not exceeding $75000 or the cost of repair whichever is less for each at fault accident

21 04 The Company shall provide at no extra cost comprehensive coverage with zero deductible including but not limited to middotfire and theft It is agreed and understood that comprehensive coverage does not cover driver owned equipment

Collective Agreement Page26

21 05 The Company shall provide accident benefit coverage as set out in the OAP 1 of the Ontario Automobile Insurance Act and shall abide by the guidelines and statutory conditions as set out by the Insurance Company with whom the Company is insured

2106 With respect to Articles 2103 2104 and 2106 above which applies to accessible shift vehicles only) the Companys obligation is to provide insurance coverage only Any determination of whether a driver is entitled to insurance benefits andor whether a claim shall be paid or denied in any given situation shall be the sole and exclusive responsibility of the Insurance Company

2107 A driver who is insured through the Company shall provide the Company with a Motor Vehicle Drivers Abstract one month before the annual renewal of the Companys insurance policy A driver shall provide additional Motor Vehicle Drivers Abstracts as requested by the Insurer

21 08 The Companys insurer may judge a driver to be a high risk and may assess a surcharge accordingly A driver who is found tomiddot be a higher risk will bear the cost of any such surcharge

21 09 A driver insured by the Companys insurer who is involved in an accident shall regardless of whether he or she was at fault notify the dispatcher immediately The driver shall indicate whether the accident should be reported to the police and whether the customer or driver require medical attention Following notification of the dispatcher the driver shall remove the roof sign from the vehicle and record to the best of his or her ability all relevant information The driver shall bring the relevant information to the office within 24 hours of the incident excluding weekends and holidays)

2110 Drivers are responsible for the replacement of all lost or stolen antennae andor roof signs

2111 The Company shall pay the full El payments for all rental drivers In the event of an increase in the premiums during the life of this Collective Agreement drivers shall pay the drivers share of the increase

2112 All drivers who are insured through the Company obtained insurance must sign the Companys insurance agreement prior to commencing work The Company shall provide insurance agreements with no more than a $75000 deductible to be paid after the accident The amount shall be paid at the rate of $1000 per shift until fully paid

Collective Agreement ((Companyraquo Page27

ARTICLE 22 TAXI PLATE SALES

2201 1 Members of the Owners Group shall be able to sell plate(s) in the following manner

2202

(a) A notice of its intent to sell plate(s) shall be posted and announced over the dispatch system for a period of three (3) days and shall be offered to the lessees and rental drivers in the bargaining unit

(b) Where there is more than one interested applicant the plate(s) shall be offered based on seniority and plates sold shall be the plate of the most junior lesseedriver

Where the sale will result in the layoff of a driver that driver shall be recalled prior to any new hires by all Members of the Owners Group

2 Where there are no applicants the Member of the Owners Group will sell the last leased plate at their discretion Any driver laid off shall be recalled prior to any new hires by all members of the Owners Group

3 Sale of More Than One Plate at One Time

4

5

The Owners Group has the right to sell to whomever they choose provided that no one is displaced

In the event that the most junior lessee is displaced as a result of the sale of the plate the Company agrees to pay to the displaced lessee no more than fifty-five thousand dollars ($5500000) in the first year of this Agreement and according to the succession plan as outlined in article 23 for the following years of this Agreement This would apply only if the said lessee has complied with the succession plan as per article 23

An individual Member of the Owners Group shall not require any of his drivers to give up their rights under this Agreement and work under another roof sign without the drivers written consent given before a Notary Public for Ontario The Union shall be supplied with copies of the consents

In the case where a Member of the Owners Group is leasing a taxi plate and the Member of the Owners Group has a car under this plate and this vehicle is then rented out on a 12 or 24 hour rental this article then does not apply The Owners Group cannot be held responsible for any damage or compensation that may arise from the actions taken by the 3rd party

Collective Agreement laquoCompanyraquo Page28

2301

2302

2303

1

2

3

4

ARTICLE 23 SUCCESSION AND TAXI PLATE LEASES

Definition

The process by which the lessee of a Company-owned taxi license plate having determined that heshe wishes to retire andor otherwise terminate hisher relationship with the Company and having officially notified in writing both the Union and the Company of hisher intention to do so offers the opportunity to hisher driver to be the lessees successor all in accordance with the conditions sot out in this Article

In order to be eligible to offer a lease for succession the lessee must have been a party to a valid taxi plate Leasing Agreement with the Company for a minimum of one (1) year and have two (2) years of continuous uninterrupted service operating a taxi vehicle under the Companys roof sign The lessee must also be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

In order to qualify as a successor the driver must be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

An offer for succession shall follow the following order

No offer for succession can be made until the day after the final version of the seniority list as outlined in Appendix 2 has been agreed upon and signed-off by the Parties

The lessee must notify the Company and the Union in writing of hisher intention to exercise the option of succession and the projected date of the succession

The taxi plate lease shall be offered to the lessees current driver (if any) who shall have thirty (30) days to reject or accept the succession

If the offer is rejected or thirty (30) days have passed since the offer was made the taxi plate lease shall be offered to the drivers who are not single plate lessees (SPL) or a single plate owner (SPO) on the seniority list who shall have thirty (30) days to reject or accept the succession

Collective Agreement ltltCompanygtgt Page29

5

6

2304

2305

2306

2307

2308

2309

The most senior driver on the seniority list (who is not a single plate lessee-SPL or single plate owner-S PO) who accepts the succession shall be the successful incumbent lessee

In the event that no driver accepts the succession the lessee may ask that his request for succession be held in abeyance until such time as an incumbent lessee is found or may retire andor otherwise terminate hisher relationship with the Company at the time of hisher choosing In the event that the lessee retires andor terminates hisher employment relationship the taxi plate shall be returned to the Company and assigned to the next senior eligible driver as per the Companys past practice

The succession shall be valued at no more and no less than fifty-five thousand dollars ($5500000) except as modified as per sub-Article 2308 The driver (incumbent lessee) shall pay to the lessee the full value of the succession fee within sixty (60) days of the date of acceptance of the offer Once the driver has paid the succession fee the driver becomes a single plate lessee for the purposes of this Collective Agreement and will assume all rights duties responsibilities and obligations of a single plate lessee as set out in this Collective Agreement

The Parties agree that any monies or other considerations paid to a lessee at any time other than the time set out in sub-Article 2304 above shall not be counted towards the succession fee

The amount of $300000 (plus HST if applicable) shall be paid to the Company as a consulting fee by the incumbent lessee no later than the day before the day the incumbent lessee becomes a single plate lessee for the purposes of this Collective Agreement

Any lessee who exercises the succession option voluntarily terminates hisher employment with the Company and loses all seniority A driver who wishes to subsequently be rehired by the Company as a driver shall be placed at the bottom of the seniority list The driver will be eligible to become a lessee two (2) years from the date of hisher rehiring

The amount set out in sub-Article 2304 shall be increased annually on the date of the plate and stand rent increases set out in Article 27 of this Collective Agreement The annual increase shall be the same as the average of the percentage increase in the plate rent and the stand rent for that year

In the event of the death of a lessee and provided the lessee is up to date with all payments to the Company and has no outstanding amounts owing to the Company whatsoever the lessees estate shall have up to six (6) months from the date of death to exercise the option of succession

Collective Agreement laquoCompanybullbull Page 30

2310

2311

(a)

(b)

(c)

2312

Leasing agreements must be entered into provided they do not conflict with the terms of this Agreement

Without limiting the generality of 2310 in any way whatsoever a leasing agreement shall contain the following provisions

The lease shall terminate automatically for failure to fuHill any term of the lease including but not limited to failure by the lessee to fulfill any financial obligation or failure by the lessee to obtain replacement insurance in the event of cancellation of insurance

The lessee shall be the principal driver of the taxi vehicle which is attached to the taxi license plate

This Collective Agreement between the parties shall be the entire agreement and there shall be no other fee condition or other obligation except those set out in the Collective Agreement

All leased plates shall remain as such and shall not be converted to rental vehicles for the duration of this Agreement provided there are persons willing to leased said plates

ARTICLE 24 GRIEVANCE PROCEDURE

2401 A grievance shall include any issue regarding the interpretation administration application or alleged violation of this agreement It is the mutual desire of the parties that complaints of the drivers be adjusted as quickly as possible To that end the parties have adopted the following grievance procedure

STEP 1 A driver may bring his complaint to the Supervisor of the Members of the Owners Group If the driver does bring his complaint to the Supervisor he must do so within twenty (20) days of the incident or of he having knowledge of this incident giving rise to the complaint Where the complaint is brought forward it must be given to the Supervisor and the Supervisor shall reply within two (2) working days

STEP 2 Failing settlement of the complaint at Step 1 or where the driver has chosen not to avail himself of Step 1 the driver must file the grievance in writing within twenty (20) days of the incident or omiddotf he having knowledge of this incident giving rise to the grievance The grievance must be referred to the Member of the Owners Group claimed to be responsible andor any other person designated by the Member of the Owners Group Grievances shall be dealt with at the Step 2 meeting which shall be scheduled on the 3rd Wednesday of every month This monthly Step 2

Collective Agreement ccCompanyraquo Page 31

meeting shall be one meeting held at the Companys office Where the grievance involves the discharge of a driver the parties agree to meet within ten (1 0) working days of the filing of the grievance A representative of the Union shall be present at all step 2 meetings The Member of the Owners Group must respond within three (3) working days of the meeting

2402 Should a group grievance or a Union or policy grievance develop it shall be filed at Step 2 within twenty-five (25) days of the incident giving rise to the grievance or of the drivers or Union having knowledge of this incident

2403 Failing settlement under the above the matter in dispute may be taken to arbitration in accordance with article 26

2404 Drivers employed by single plate owners and single plate lessees may not grieve matters or disputes arising between the driver and the single plate owner or single plate lessee A committee shall be set up and made up of equal numbers of Uniondriver and Company personnel to assist in resolving disputes between the drivers and single plate owner and single plate lessee The committee shall have the power to determine a procedure to be followed as well as to determine fault and penalties

ARTICLE 25 ARBIrRATION

2501 After exhausting the provisions of the grievance procedure either of the parties may submit a grievance to arbitration either expedited or formal in writing within thirty (30) days of the Step 2 reply or if there is no reply within thirty (30) days after the expiration of the time limits to provide a reply

2502 Unless otherwise mutually agreed by the parties all grievances referred to arbitration not relating to an indefinite suspension a discharge or any separation of employment or to the interpretation of the collective agreement group grievances and policy grievances shall be referred to the expedited process

Grievances referred to arbitration in respect of indefinite suspensions discharge or separation of employment for any reason or to the interpretation of the collective agreement and group grievances may only be referred to this expedited process by the mutual agreement of the parties

2503 Within fourteen (14) days after notice has been given that the grievance will proceed to formal arbitration the parties shall meet and agree on a single arbitrator If the parties cannot agree on an arbitrator within this time limit either party may request the Minister of Labour to appoint an

Collective Agreement laquoCompanyraquo Page32

arbitrator and this appointment shall be binding on both parties In respect of the cost of arbitration of formal grievances the parties shall share equally the fee and expenses of the sole arbitrator

2504 The formal arbitrator shall have the right to exercise all the powers provided by the Labour Relations Act as amended from time to time

2505 The Arbitrator must hand down a written decision within sixty (60) days of the date of the hearing

2506 As an alternative to the formal arbitration process set out in the foregoing paragraphs a grievance may be referred to a previously agreed-upon person who shall hear the grievance and who shall at the conclusion of the hearing give a decision immediately Such decisions may not be used to alter modify or amend any part of the collective agreement and are made without precedent or prejudice to similar or like cases Such a decision shall be final and binding upon both parties and no further action may be taken on that grievance by any means whatsoever

2507 To maintain the efficiency of this expedited process the parties shall schedule a minimum of one (1) day of arbitration every three- (3) months except in those circumstances where either party deems it necessary to schedule the arbitrator more frequently

2508 The parties shall share equally the fee and expenses of the persons selected to hear the expedited arbitration cases

2509 At all expedited arbitration hearings the Company or Member of the Owners Group shall be represented by a member of their management and the Union shall be represented by a Union staff representative or an officersteward of the Local Union

2510 The Union shall forward to the representative of the Member of the Owners Group a list of the expedited grievances to be heard on the day or days scheduled for the hearing of grievances according to the expedited arbitration procedure The aforementioned list shall be forwarded to the representative of the Member of the Owners Group no later than ten (10) working days in advance of the hearing unless otherwise mutually agreed

2511 By exception a party may call one (1) witness at an expedited arbitration

2512 Prior to proceeding to formal or expedited arbitration and at least thirty (30) days prior to the date of arbitration the parties may upon mutually agreement request that any grievance be referred to a mediator to act as a grievance mediation officer for the purpose of attempting to

Collective Agreement laquoCompanyraquo Page33

mediate a settlement of the grievance The parties shall share equally the fee and expenses of this officer

ARTICLE 26 TAXI PACKAGE

2601 The employer shall provide to the rental driver at no extra cost motor vehicle insurance with a collision provision deductible not exceeding $50000 for each accident at fault

The Owners Group shall also provide to the rental driver at no extra cost comprehensive coverage with zero (0) deductible including but not limited to fire and theft It is agreed and understood that comprehensive coverage does not cover driver added equipment

2602 Each rental driver shall be supplied for a daily twelve (12) or twenty-four (24) hour period at no extra cost a roadworthy safe sedan four (4) door taxicab with proper weather resistant tires for all seasons and with a seating capacity for not less than four (4) passengers containing

2701

2702

2703

1 A roof sign 2 A sealed taxi meter 3 A two-way radio 4 A full size spare tire subject to space limitations 5 A tire tool 6 A jack 7 A mike clip 8 A full tank of gas at start date 9 Air conditioning on replacement vehicle where possible 10 An electric rear window defroster or blower

Any equipment owned by the Owners Group that becomes inoperative shall be repaired as soon as possible

ARTICLE 27 RENTAL CHARGES AND TERMS OF AGREEMENT

This agreement shall take effect upon ratification and be binding on both parties for three (3) years and shall continue for annual periods of one year each unless either party gives at least one hundred and twenty (120) days notice that it wishes to amend this agreement

It is agreed and understood that this agreement will remain in full force and effect until amended by negotiations

Rates shall be as follows

Collective Agreement laquoCompanyn Page 34

712011 712012 712013

Stand Rent (monthly) $43900 $45000 $45900

Plate Rent (monthly) $71926 $75000 $75960

Daily Car Rental 24 hr Regular Plated $9700 $9700 $9700

24 hr Accessible Plated $10500 $10500 $10500 12 hr Regular Plated $6700 $ 6700 $6700

12 hr Accessible Plated middot $8300 $8300 $8300

Credit Card Transaction 50 50 50

Debit Card (per) Transaction $065 $065 $065 (To the Driver)

POS Rental Fee (monthly) $800 $800 $800

POS Insurance (monthly) $300 $300 $300

Note The above rates do not include HST

Note For purposes of car rental rates the weekly rents shall be six (6) times the daily rent

Note It is recommended that drivers use Company supplied POS machines and systems

2704 Employees shall pay all monies owed to the Company in the following manner Monthly By the 5th business day of the month

2705 Any employee failing to pay monies by the above dates and times shall be suspended and not reinstated until the monies are paid in full and credited to their account

2706 Employees shall be entitled to pay their rents to the company by company approved charges cash and cheque - provided the employee has at least one (1) year of seniority

Employee(s) who have one (1) cheque returned NSF shall be suspended immediately upon the company receiving notification from the

Collective Agreement ((Company Page35

bank shall lose such privilege for twelve (12) months and shall be charged the appropriate charges

ARriCLE 28 GENERAL

2801 The Company and drivers shall maintain its internal company charge system and accept major credit cards which currently include Visa Mastercard American Express and Diners Cluben Route as approved by the Company

2802

2803

2804

2805

2806

2807

This system shall continue for the duration of this Agreement so long as external factors outside the Companys control do not prevent the Company from doing so Drivers shall be entitled to cash their charges provided they do not have any outstanding balances at the offices of the Company during the hours of 0830am to 400pm Monday to Friday except holidays The Company shall make available to the employees during normal business office hours receipt cards and credit card slips All credit card charges must be authorized

Drivers shall pay a fee of five (5) of all credit card charges that they redeem

Except as otherwise provided in this agreement all passengers shall be treated in a polite professional courteous and businesslike manner at all times by both the Owners Group and the employees

If requested a properly signed receipt shall be furnished by the owner for all payments made by the driver (If requested said receipt shall show a breakdown of all payments made by the driver and the dates for which they apply) For the purposes of this clause a numbered computer receipt shall be deemed to be signed

The employees who own their own vehicles whether or not they own their own license shall have absolute choice as to where their vehicle is to be repaired andor maintained

No employee either full-time or part-time shall abuse or mistreat any vehicle or equipment (ie roof sign radios meters and aerials)

The Owners Group agrees to work with the Union to lobby the City of Ottawa to allocate stands where necessary and appropriate

The Company agrees to provide the Union with the rules covering the stands controlled by concession agreements

Collective Agreement ccCompanyraquo Page 36

bull

2808 Subject to the provision of adequate insurance coverage all car owners shall be free to place a second driver or a third driver on their vehicles should they require without interference from the Company

2809

2810

2811

2812

2813

2814

In the event the Company refuses an individual employment as a second driver or as a third driver the Company agrees that such refusal may be the subject of a grievance and the onus of proof shall rest with the Company to show just cause for such refusal

The parties agree that no vehicle will have more than three (3) drivers at any one (1) time

The Company shall take reasonable steps to maintain all current concession agreements for the duration of this agreement The Company shall take all reasonable steps to obtain additional concession agreements

The Company shall have a phone line separate from the dispatch office so that drivers business people friends of the office staff may call through middot without having to tie up the dispatchers time The separate phone line may be used by the dispatch office during non-business hours

Time-off without rental fees or loss of seniority will be given to those members of the bargaining unit who are called for jury duty Rental driver(s) must park their rental vehicle(s) at the Companys premises should the jury duty go beyond three (3) days

The Company shall maintain a drivers waiting area As well the Company shall allow the drivers to use the telephone in the office for local calls only pursuant to the current past practice

In the event of an assessment to the CompanyOwners Group by WSIB in relation to the provision of WSIB benefits for the Bargaining unit personnel the CompanyOwners group and the Union agree to renegotiate in good faith the rates set out in Article 2703 Where the parties fail to reach agreement on the issue the matter shall be referred to an arbitrator for full and final settlement

When a customer complaint is received by the dispatcher the latter will advise the customer that an authorized representative of the Company will handle the complaint in an expeditious manner Upon request by the Union the Company shall provide a copy of the computer printout and all other relevant information including but not limited to any taped conversation related to the complaint being investigated The privacy of the customer is paramount and will at all times be respected

Collective Agreement ccCompanybullbull Page 37

2901 (a)

(b)

ARriCLE 29 BEREAVEMENT LEAVE

The Members of the Owners Group agree to grant affected employee(s) the necessary time off of up to four (4) days without fees at the time of death of the following relative(s) of said employee(s) father mother spouse (includes common-law) child brother sister mother andor fathershyin-law

The Members of the Owners Group further agree to grant to affected employees two (2) days without fees at the time of death of the following relatives of the employee sister andor brother-in-law and grandparent

ARTICLE 30 SOCIAL JUSTICE FUND

3001 The Company shall pay to the Union an amount of eight hundred ($80000) dollars per collective agreement year with such amounts being made payable to the CAW Social Justice Fund Inc Said amounts shall be paid by separate cheque by the last day of February in each year of this collective agreement A tax receipt shall be supplied to the Company on receipt of said amount

ARTICLE 31 SAFETY BANQUET

3101 The Company agrees to contribute seven hundred and fifty dollars ($75000) to the Unions annual Safety Banquet in each year of the Collective Agreement

SIGNED THIS DAY OF APRIL 15 2012

FORTH~

~~

Collective Agreement laquoCompanyraquo Page38

Collective Agreement laquoCompanyraquo Page39

SCHEDULE 11 A 11 LIST OF THE OWNERS GROUP

Coventry Connections Inc

Collective Agreement ccCompanyraquo Page40

SCHEDULE nan EXISTING CUSTOMS RIGHTS AND PRIVILEGES

1 There shall be no charge for the receipt cards

2 There shall be no charge for credit card vouchers subject to suppliers (third party) availability and conditions Should the Company pursue a course of action leading to Point of Sale terminals which usage will include Debit transactions Decremental Cards and Credit Cards there would be a charge for paper usage

3 The drivers shall choose their own working hours during their shift

4 Reasonable accommodation shall be given to payment of outstanding debts for accident(s) The following minimum payments are required

A) Up to $1 00000 - $ 1 000 per day

B) Over $100000- $2000 per day

Agreed to on the understanding that this does not apply to spare cars

Collective Agreement laquoCompanyraquo Page 41

SCHEDULE C RULES AND REGULATIONS

1 The following articles of clothing are not acceptable forms of attire at OJS

(a) Sweat pants and shorts except for dress shorts Dress shorts will be allowed from April to Labour Day Drivers caught wearing inappropriate shorts will be given one (1) warning and any future occurrence with regards to inappropriate shorts will cause them to lose the right to wear dress shorts for the duration of that season Shorts can be no shorter than three (3) inches above the knees

(b) T-shirts (except Union decaled T-shirt) without lapels tank tops and muscle s1middot1irts

NB Clothing andor other attire with obscenities profanities or sexually degrading remarks are not acceptable Hair must be clean and neat Faces must be clean-shaven or beards neatly trimmed Clothing must be tear and rip free with no visible patches and is to be cleaned and ironed as required Socks must be worn at all times with all types of footwear except for sandals

2 Drivers must be courteous and pleasant at all times and must conduct themselves in a professional business-like manner

3 There is to be no abusive foul language or gestures directed at customers or the general public

4 Consumption of alcohol or drugs will not be tolerated prior to the commencement of a shift andor while driving

5 There wiil be no arguing and fighting among drivers or other DJs personnel under any circumstances

6 No playing of cards or any other games of chance is allowed at any time when working This includes any form of gambling or betting on the air

7 Profanity or abusive language on the air or in your vehicle is prohibited at all times

8 Use of cell phone during the conveyance of a customer(s) is prohibited

9 Each taxicab and driver shall carry at all times a current street guide Drivers are to make proper use of this guide to avoid unnecessary air time

Collective Agreement ccCompanyraquo Page42

10 Deliveries are to be taken directly to the destination Running other fares while occupied on deliveries will not be permitted unless approved by the dispatcher

11 No messages between drivers are permitted Drivers will receive messages to call home spouse office union office partner or garage

In addition When an authorized Union rep asks the dispatcher to have a member of the bargaining unit call them for union business only this will be allowed and if necessary a phone number will be given

12 Picking up a fare while on the way to an accepted dispatch call will not be permitted

13 Drivers must allow 5 minutes wait at the customers pick-up address

14 Drivers shall take reasonable steps to ensure that they pickup only those fares that they are dispatched to Drivers must check with dispatcher for authorization before taking another fare from same address

15 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical breakdown emergency or any other reason(s) not herein listed the dispatcher shall reshydispatch the fare and suspend the driver for one (1) hour

16 Interference or jamming of the radio is a Federal offence and will not be tolerated

17 When necessary drivers must assist customers with handling of baggage and opening and closing of doors

18 No complaining to customers about short fares or time calls A list of regular short fares will be established and such fares shall be dispatched as Locals

19 At customers request music radio and other sound systems except for the twoshyway radio must be turned off

20 Driver must issue a receipt card upon request by customer Drivers signature must be clearly marked in the appropriate place on the receipt card There is no charge for the issuance of a receipt card

21 No new driver is to commence work until he has been briefed by OJS staff in the operating of our charge account system

22 Some of the guidelines in the operation of our charge account system are as follows

Collective Agreement laquoCompanyraquo Page43

(a) All charges are to be signed with car number (eg-DJ70) and date clearly written

(b) If the fare goes to more than one destination these other destinations are to be clearly marked on the reverse side of the chit

(c) Taxi chits to be signed by the customer and dollar value to be clearly marked

(d) Gift certificates which currently have a maximum value of $500 each are to be accepted at face value and change given as required

(e) Drivers must note on back of chit the drop offpick up address if it is different from address shown on face of chit

Drivers are prohibited from buying other drivers charges whether they be DJS drivers or other cab Companys charges Violation of this rule shall result in the following fines

1st offence -2d offence bull 3rd and subsequent offences-

$5000 per chit $10000 per chit $20000 per chit

plus the face value of each chitCredit Card in all cases

The parties agree that the above penalties are specific penalties within the meaning of the Ontario Labour Relations Act An Arbitrator shall not have the power to alter or modify any penalty imposed under this clause

(f) Drivers must accept all major credit cards approved by OJS Taxi

(g) Drivers are responsible for ensuring that all necessary information is clearly marked on charge vouchers as follows

bull Customers name and signature bull Card number (correct number of digits) bull Expiry date bull Drivers signature and car number (eg-DJ70) bull Ensure proper copies of charges are submitted to the Company for

processing bull No hand written major credit card sales drafts will be accepted

23 All cars are to be cleaned inside and out by 1000 am every day with due regard given to road and weather conditions

Collective Agreement Page44

24 All drivers must ensure that they have change for $2000 at all times and will not be removed from the sheet while getting change provided they are not called

25 No taxicab driver shall charge a passenger for

(a) The cost of proceeding to an establishment for change or

(b) Waiting time while a passenger obtains the change provided the bill presented for payment is of $2000 denomination or less

26 No vehicle to be left unattended with keys in the ignition

27 No person(s) unless authorized by the Company shall accompany the driver in the vehicle while heshe is occupied with a paying fare

28 Taxis must not be left unattended on a OJS taxi concession stand for more than ten (1 0) minutes

29 Only au~horized drivers with valid licenses can operate a taxi-licensed vehicle

30 Roof sign must be removed from vehicle when not on duty or involved in an accident

31 ALL DRIVERS ARE ADVISED THAT IT IS AGAINST THE LAW AND OJS TAXI COMPANY LIMITED POLICY TO REFUSE DOG GUIDES IN THEIR CABS REFUSAL WILL RESULT IN FINES AND DISCIPLINARY ACTION BY THE COMPANY

1st offence - 1 week suspension 2nd offence - 2 weeks suspension

3rd offence - Dismissal No longer working under the OJS roof sign

Accommodating Persons with Disabilities

The Management of OJS Taxi wishes to advise all its employees drivers and others operating under the OJS Taxi roof sign of the OJS Taxi policy with respect to blind passengers whether or not they use dog guides

Under the Blind Persons Rights Act of Ontario no person may either deny any person services customarily available to the public or discriminate against any person with respect to services available to the public for the reason that they are a blind person accompanied by a dog guide

Under the Ontario Human Rights Code every person has a right to equal treatment with respect to the supply of services which includes taxi services

Collective Agreement laquoCompanyraquo Page45

bull

without discrimination because of among other things a disability A disability includes any physical impairment such as being blind visually impaired deaf or hard of hearing

Guide Dogs and Taxi Services Many disabled persons are physically dependent on guide animals in their daily activities Canadians who are blind or visually impaired deaf or hard of hearing or who have other types of disabilities such as epilepsy are dependent on guide animals

Accommodation of these individuals necessitates that they be permitted to take their guide animals with them into taxi cabs Refusing to allow them to do so will infringe on their human rights and is against the Blind Persons Rights Act of Ontario and the Ontario Human Rights Code

This notice will simply repeat what should be apparent to you all that if a blind person with or without a dog guide is refused services by any OJS Taxi driver such actions will result in fines to the driver and other disciplinary action including the possibility of suspension by the Management of DJs Taxi Co Ltd

For more information regarding guide animals please review the attached pamphlet and information sheet published by Dog Guides Canada

Any inquiries concerning this policy should be directed to any member of the Management who will if it is required explain the policy to you

32 Drivers are not allowed in the dispatch office

33 All parking tickets will be paid by the rental driver responsible

34 In order to boost with Company owned taxicabs employees must request an obtain instruction from the garage manager or his designee on the proper method of boosting in order to reduce any risk of injury to the driver passenger and damage to the vehicle(s)

In the event of misuse employees at their discretion may be either disciplined in accordance with the principle of progressive discipline or have the option of reimbursing the Company for the cost of damaged parts

35 Any driver operating a taxi while his drivers license or taxi license is under suspension will be disciplined unless the driver can obtain written proof from the Ontario Ministry of Transport andor the appropriate taxi licensing authority that the driver did not receive evidence that hisher license was suspended or cancelled

36 When necessary or requested all elderly andor disabled customers are to be assisted in and out of taxicab at all times

Collective Agreement laquoCompanyraquo Page 46

37 No stealing fares

38 Drivers are not allowed to book no loads and run the fare

39 Drivers cannot refuse dispatched fares subject to article 1304 andor where the driver believes his safety or health is at risk

40 Failure to come to voice after two (2) requests by the Dispatch Supervisor will result in the Driver being suspended in the computer

41 Dispatch staff will not make phone calls for drivers unless it is an emergency situation

42 There shall be no personalization of any fares or trips placed through the Dispatch System of OJS Taxi except for returns east of but not including the Civic Hospital within the same twenty-four (24) hour period Where a return-call has been prearranged through the Dispatch System prior to the initial call being dispatched then the return-call cannot be personalized

43 Drivers will pay monies owed to the company by 400pm on the day that they are due No driver with an outstanding balance will be allowed to book on the sheet until their account is paid in full to the business office This means credited to their account and a receipt issued

44 Dispatchers shall give the line-up every thirty- (30) minutes except for the months of December January and February On implementation of the Computerized Dispatch this clause will be eliminated

45 All deliveries shall be given out as regular calls except where provided in this agreement and all employees shall have the option to refuse to deliver alcohol When a dispatcher requests a driver to call him for information concerning a delivery the dispatcher will first give the delivery address over the radio to ensure the delivery is being dispatched correctly

46 When drivers book out of their cars to attend scheduled complaint meeting appointments they shall be allowed to remain in their spot on the line up queue passed by for fares and treated by the dispatch as if they are no longer on the sheet

When the affected driver returns to his car and books back in he shall be returned to his position in the line up queue and given his next rightful fare

The maximum time a driver shall be allowed to book out for a complaint meeting is one half-hour

Collective Agreement laquoCompanyraquo Page 47

This rule shall only apply if the affected driver does not incur any discipline as a result of the complaint meeting

47 All cabs at DJS Taxi must have a mike clip and the clip must be used Drivers must pick up their mike when communicating

48 Drivers using vans as taxicabs must have and make use of (when requested or required) a portable step to assist passengers in and out of their vehicles

49 All taxicabs must be free of any body damage and any damage must be repaired within ninety- (90) days

50 Roof signs must be kept in good working order and condition with Company approved logo clearly visible front and rear

51 In order to ensure equipment is compatible with computer dispatch system all new radio equipment must be approved by the Company prior to installation

Collective Agreement laquoCompanyraquo Page48

SCHEDULE D CREDIT CARD POLICY amp PROCEDURES

DRIVERS MUST ACCEPT ALL COMPANY APPROVED CHARGES CREDIT AND DEBIT CARDS

DRIVERS MUST HAVE A POINT OF SALE UNIT AND A MANUAL PRINTER PER CURRENT BYLAW CITY OF OTTAWA

Due to the increased use of fraudulent Credit Cards by customers in taxicabs the following procedures have been developed to protect drivers from falling victim to Credit card fraud When accepting Credit cards the following rules must be followed

Credit and Debit Cards- the following rules must be followed

AUTHORIZATION OF ALL DEBIT AND CREDIT CARDS

All Credit Card slips must be authorized regardless of amount Verification is generally done after the fare is completed but verification of an estimated or known amount can be done prior to the completion of the trip if

bull The destination is beyond the radio coverage area bull The driver has reason(s) to suspect the validity of the card

INFORMATION REQUIRED FOR ACCEPTANCE OF DEBIT ANDOR CREDIT CARD SLIP FOR PAYMENT The completed Credit Card slip must contain all the following information

(a) Vehicle Number (pre-printed on POS slip if not to be written by hand at the bottom of the slip)

(b) Drivers ID Number and Initials (c) Amount of fare and gratuity (if applicable) (d) Authorization number (Pre-printed on POS slip) (e) Date of the fare (Pre-printed on POS slip) (f) The Debit or Credit Card must be swiped at all times (in the event that the

receipt does not print imprinting Credit Card only on manual imprinter is acceptable with customers signature but the imprint of the card number has to be clear) In the case of a swiped transaction part of the card number will display per Credit and Debit Card industry rules

(g) Customers signature clearly written (Credit Card only) marked TRANSACTION COPY We will accept the CUSTOMER COPY as long as it has the customers signature Debit POS slips are to be submitted marked TRANSACTION COPY NO SIGNATURE IS REQUIRED

Collective Agreement laquoCompanyraquo Page49

DISPUTES BY A CUSTOMER

Should a debit or credit card slip be disputed by the customer their bank or other financial institution the company will investigate If such investigation proves fraud or error by the driver the driver will be charged back for the full amount of the charge

If the disputed transaction was processed on a non-company unit a $500 plus HST charge plus the value of the charge will be debited to the drivers account The Company will refund the customer for the value of the charge

Should a customer andor driver report that the charge has been approved more than once the Company will investigate The Company does not allow any refunds in the taxicab Drivers can void a transaction but this must be done before Batch Closing the transaction A Void can only be done in the presence of the customer as the card (debit or credit) must be present The driver can then re-swipe the card for the correct amount The Company publishes a toll free number for customers or drivers to call with any concerns about a transaction If a customer has been charged more than once for the incorrect amount the following procedures apply

Credit Card

The Company will verify that the customer was charged multiple times or has been over-charged and issue a refund as necessary The Company will send a copy to the customer upon request All refunds are processed on a Point of Sale unit or Virtual Merchant (on-line) The Company may contact the driver to determine the validity of the customers details

Debit Card

The Company will verify that the customer was charged multiple times or has been overcharged and issue a cheque refund as necessary The Company keeps a copy of the cheque issued

GENERAL INFORMATIONGUIDELINES

1 If the driver has overcharged the customer and has been paid the incorrect amount the Company will adjust the drivers account and provide a receipt The Company maintains a log in the even there is a dispute by the driver or the customer If the driver reports the overcharge that is logged on a Customer Incident Form which has a Control Number

2 Hand written Credit Cards will not be accepted All Credit Cards must be passed through a manual imprinter which clearly shows the full credit card number If the credit card number is not clear and cannot be authorized

Collective Agreement laquoCompany Page 50

the driver will face debitchargeback of the amount as it cannot be authorized

3 The only Credit Cards accepted by Taxitab a division of Coventry Connections Inc are

i Visa ii Mastercard iii American Express

Note Visa Mastercard and American Express all issue prepaid credit cards these are all accepted

4 Taxitab a Division of Coventry Connections accepts Debit Cards for Canadian Financial Institutions Debit Cards for foreign banks may not

work on the unit Visa Mastercard have commenced issuing Debit Cards these are all accepted These cards are clearly marked on the face of the card with the Visa and Mastercard logos

5 The following items are to be checkedverified by the driver upon presentation of a Credit Car (a to d) Debit Card (d only)

CHECK LIST

(a) Expiry Date Ensure the card is valid Check to be sure that the Card is not being used beyond the expiry date printed on the card If the card is expired refuse to accept it

(b) Altered Cards Check to see if the card has been noticeably altered in any way If it has been refuse to accept it

(c) Card holders name and signature Check that the signature on the Credit Card slip is the same name printed on the card At the same time check that the signature is the same as the signature on the rear of the card If there is no signature on the rear of the card ask the customer to sign it as you are required to check this

If in doubt ask to see some other form of identification (preferably one with a picture and signature) that ensures that the person using the card is who they say they are

(d) Amount of fare and gratuity (if applicable) The amount of the Debit or Credit card slip must be equal to the amount of the fare and the gratuity (where applicable) Each amount should be entered in their respective places and only by the customer unless otherwise directed In the case of a Debit Card customer must always enter their PIN number to

Collective Agreement ltbullCompany Page 51

authorize the card Drivers must remind customer that the TIP field comes first followed by the PIN number

(e) $150 Surcharge

Debit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated by the City of Ottawa By-Law The $150 charge is prompted by the point of sale unit automatically The Driver receives 65cent of the $150 for every transaction

Credit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated in the City of Ottawa By-Law The $150 charge is NOT prompted by the point of sale unit automatically The driver adds the $150 to the metered amount and enters this total in the base amount field

6 CAUTIONS

7

(a)

(b)

(c)

Bank Card only have the Bank name on the card

Credit Cards are identified by the VISA MASTERCARD AMERICAN EXPRESS OR DINERS CLUB-ENROUTE symbols Only Cards with these symbols will be accepted

Credit Cards will have a holographic image on the face of the card

CASH ADVANCES

The use of Credit Cards for cash advances in the taxicab is not permitted Credit Cards must only be used in the taxicab for paying for an actual fare Anyone using a Credit Card in a taxicab to obtain cash advance is most likely using a stolen or fraudulent card

8 OUT OF TOWN FARES

For the drivers protection it is suggested that for fares going out of town and the customer wishes to pay by Credit Card it is recommended that the driver authorize the fare at the beginning of the trip (dispatcher can give an estimated amount) If there is a difference process the difference at the end of the trip There is a pre-authorization feature available for Credit Card only on the Point of Sale unit The Company can activate this on driver request but the driver must be

Collective Agreement ccCompany)) Page 52

bull

9

given correct training for this There are several steps involved with pre-authorization that must be followed before batch closing

BATCH CLOSING

Drivers must close transaction in the terminals at the end of their shift Credit Card authorizations only remain in the terminal for five (5) days after that the processor closes them automatically Drivers must batch close all credit cards no later than four (4) days in order for the items to appear on the batch close report

Batch Close reports will print separately for Debit and Credit Cards and list the details of the transactions in the terminals showing the card type and the last four (4) digits of the card involved This Batch close cannot be reprinted drivers must hold on to them Attach the slips to the Batch Close and bring to the cashier The cashier will verify the attached slips are on the batch close and proceed to pay or credit the driver assuming all slips are authorized and complete (as discussed above under (1) Authorization Procedures)

The following circumstances regarding Batch Closes will apply

(i) Batch Close with All Debit and Signed Credit Card slips- Driver will be paid or credited at time of presentation at a cashiering station

(ii) Batch Close- No Debit Slips if the batch close shows a Debit Slip and the driver has misplaced or lost the slip the Driver will be paid or credited at the time of presentation at a cashiering station

(iii) Batch Close No Credit Card Slip- No Slip No Payment at time of cashiering (driver is to go to Driver Admin in this instance) If the driver has a signed manual slip and the last 4 numbers of the card match those on the batch close the slip will be accepted by the cashier

NO BATCH CLOSE REPORT -If a Driver has lost or misplaced Batch Close report the Driver is to go straight to Driver Admin (not cashiering) The Driver is to bring the receipts (if there is a credit card slip with no signature there is a separate procedure for this below) he has for which he has not batch close Driver Admin will initiate a Batch Close Incident Report which has a Control Number for future reference The Procedure is as follows

(i) Driver Admin to Photocopy all Slips and write the Control from the Batch Close Incident Form on the photocopy and date the sheet The

Collective Agreement ccCompanyraquo Page 53

bull

bull

Driver is to keep this in the event of a dispute or apparent nonshypayment in account

(ii) Driver Admin will complete the top copy of the report attach a copy of the slips The Driver will complete the bottom part of the report and sign it

(iii) Management will need 72 hours (three business days) from the date of Incident Report to investigate the transaction has been settled in the POS unit

(iv) Providing Management confirms the transaction is complete the slips will be credited to the Drivers account and a receipt will be printed A copy of the receipt is attached to the Batch Close Incident Report The Control from the Form is entered when the the amount is credited for reference A receipt can be printed at that time by cashier

(v) In the event that a driver does not have a Batch Close and presents a credit card slip with no signature the following will apply

(vi) If the Driver experiences a problem with the Batch Close or operation of the unit the Driver is to bring the unit to the office during normal hours Management will investigate the issue and call Driver to reshyissue the unit completing paperwork for the replacement unit which the driver will sign

Any driver attempting to defraud a customer by processing a debit or credit slip more than once will be terminated

Collective Agreement laquoCompany)) Page 54

bull

bull

SCHEDULE E STOLEN FARE POLICY

Whenever the Dispatch Supervisor receives a complaint that a fare either dispatched to the complainant or from within the same block of taxi standconcession on which the complainant is parked has been stolen and the identification of the accused is made known the Supervisor shall

(a) Bring the accused to voice and notify himher of the allegations

(b) Inform the complainant that a deposit of forty dollars ($4000) must accompany his accusation and to be deposited within one (1) hour of the complaint Where applicable inform the complainant that the accused wishes to challenge the allegations and the date and time of the hearing shall be known to both parties

(c) A failure of either party to attend the hearing will result in an additional fine of forty dollars ($4000) to be paid within sixty (60) minutes of the conclusion of the hearing or a suspension ob the absent party until payment is received

(d) Inform the accused of the available options

(i) Arrange for repayment of the fare in its entirety to a minimum of forty dollars ($4000) to the complainant a Union representative or the Company on behalf of the complainant within sixty (60) minutes or

(ii) If the allegation is being denied and the accused wishes to refute it forty dollars ($4000) must be deposited at the dispatch office within sixty (60) minutes with a notification to the Dispatch Supervisor that the allegation is being challenged

Where the accused fails to respond to two (2) voice messages or refuses to comply with (c) the accused shall have dispatch services suspended until in compliance or the Company receives instructions from a Union Representative to do otherwise

The penalty for a wrongful accusation is the payment of forty dollars ($4000) to the accused by the accuser in addition to the return of the accuseds deposited payment

It is understood and agreed that the action(s) of the Dispatch Supervisor(s) in the compliance of this Policy is not to be construed as a determination of who is the guilty party In all disputes regarding stolen fares the Committee shall make the final determination with respect to guilt

Collective Agreement laquoCompany Page 55

bull

bull

Note Such fare(s) will not be considered as Stolen Fare(s) if picked up by driver(s) arriving on the Concession(s)Taxi Stand(s) prior the driver(s) who accepted the dispatched fare(s)

Collective Agreement ((Company Page 56

bull bull

APPENDIX 1

PLATE CAR LESSEE IND START LESSEE START

1 1027 5027 ADAM GRANT 1 91111986 111987

2 1015 5015 TIMS VAUGHN 411995 411995

3 1043 5043 MARTON FERENC G 10251995 10251995

4 1050 5050 DUBOIS JOHN 12111994 311996

5 1048 5048 SUNIL JOSHI 1111994 711996

6 1030 5030 SLIM MOHAMED 711996 7111996

7 1041 5041 JAMALEDDINE ZAHER 911996 911996

8 1040 5040 MAHEUX FRANK 11151996 181997

9 1109 1 5109 ASTLEY JAMES 1011994 1131997

10 1045 5045 MELHEM SAMIR 1211996 9211997

11 1028 5028 LABINE ANTHONY 10151980 11281997

12 1054 5054 ELmiddotNEMER NEMER 11131997 21271998

13 1113 5113 WEAGANT BROCK C 82211988 3131998

i

14 1039 5039 SOBH HAC HEM 11171997 5111998

15 1044 1 5044 MOUFARREJ RAYMOND 10241996 1161998

16 1042 5042 MCCONVILLE BILL 311992 11111998

17 1107 5107 GIANNAKOS LOUIS I 9111997 491999

18 1026 5026 VERMA LALIT 51261996 5311999

19 1033 5033 MITCHELL BRUCE 111987 9301999

i

20 1108 5108 PAPPAS CHRISTINE 121111991 1041999

rmiddot 1014 5014 NYTRA BEDRICH 961996 3302000

22 1000 5000 ABOUmiddotARRAG SAM I 611997 7132000

23 1038 5038 MUNROE JOHN 1111977 492001

24 1022 5022 RADULESCU GELU 611999 5232002

25 1139 5139 HASSOUN I MOUFID 71211999 8152002

26 1006 5006 SADER I GHASSAN 6211999 292004

27 1029 5029 CLAYTON GREG 911980 21132004

Collective Agreement ccCompany Page 57

bull

28 1034 5034 IBRAHIM 12301995 4302004

29 1037 5037 ABDALLA HASSAN I 3312000 2202006

30 1010 5010 HASSOUN AD NAN 8272001 312006

31 1031 MASSOUD 1241998 312006

32 1 1o35 5035 JANCO 911992 362006

1 33 1036 5036 SINGH BALWANT 92211999 3172006

Collective Agreement ltltCompanyraquo Page 58

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 14: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

(b) No information will be given out by the dispatch staff concerning fares coming into the Company office except for requests concerning the number of time calls to be dispatched between the next time period of 330 am - 630 am Dispatchers shall upon request inform the driver of the number of time calls to be dispatched during the next time period of 330 am - 630 am Dispatchers shall not give out any information with reference to the location of any time calls

1216 It is agreed that any concessiontaxi stand fares must be dispatched to drivers booked on the sub zones If no drivers are booked on the sub zone the fare will be dispatched as a regular fare If no drivers are booked on the zone the fare will be displayed on the main zone only as a fare waiting

1217 Attributed Call

These are calls where a special circumstance is made known to the Callshytaker and drivers are not forced to accept

Attributed calls shall include calls originating from the following locations or where the special circumstance indicated is made known to the phone staff

1 Bars -(except those listed as Messages) 2 Parcels 3 Wheel Chairs 4 Animals -(except guide animals) 5 Bicycles 6 Moving Jobs 7 Station WagonsNans 8 Boosts 9 No-Van Calls

Calls originating from the following addresses will be sent out as messages however should there be a Call-back for any of these addresses the Call-back shall be dispatched as a Local to the first car booked on the appropriate Zone

(a) OConnorsAMC Theatres (Kanata Centrum)

(b) Vox LoungeCock amp Bull (Bells Corners) (c) Park n Rides

(i) Baseline Station (ii) Fallowfield Station

(d) Grace OMalleys (Merivale and Capillano)

Collective Agreement ccCompanyu Page 12

1218

(e) (f) (g) (h) (i) (j)

Sergeants Pump (Merivale Rd) Coliseum Theatres Bayshore Transit Eagleson Transit Station Kanata Town Center Terry Fox Transit Station

For the purpose of article 1224 the following hours are considered peak periods

(i) During the months of November December January and February Mon - Fri 700 AM - 500 PM Thurs - Sat 500 PM - 300 AM New Years Eve 500PM-500AM New Years Day

(ii) During the months of March April and October Mon - Fri 700 AM - 300 PM Fri amp Sat 11 00 PM - 200 AM

(iii) For Canada Day 400 PM - 200 AM for

Christmas Day New Years Day (except as outlined above) Good Friday Easter Monday and Thanksgiving Day are exempt from the above

1219 Fares originating in the City of Ottawa and any other points west of Ottawa including Richmond Ontario shall be dispatched to the first taxicab appropriately booked on the corresponding stand

1220 Weather permitting there should never be a call back from customers due to the late arrival of a cab All fares accepted must be serviced without delay All stands will have a maximum response time limit of fifteen (15) minutes Phone personnel will tell customers that the cab will arrive within 10-15 minutes please be ready

Should the Company receive a Call-Back after the lead-time of a dispatched fare discipline shall be applicable to the affected driver(s) as follows

(a) 1st Offence First written warning and a fine of $2000 will be imposed and collected by way of the drivers account

(b) 2nd Offence Second written warning and a fine of $3000 will be imposed and collected by way of the drivers account

(c) 3rd Offence- Third written warning and a fine of $5000 will be imposed and collected by way of the drivers account

Collective Agreement ((Companyraquo Page 13

(d) 41h Offence- A final written warning and fine of $7500 will be imposed

and collected by way of the drivers account

(e) 5th Offence- Dismissal

Monies collected shall be used to appease dissatisfied customers and to advertise the DJs business

1221 Locals I Freebies

1222

1223

1224

a) b) (c)

These are calls that are dispatched to the first car booked in a Zone (Stand) and the driver accepting said call has a maximum of thirty 30) minutes to complete the call and rebook on the same stand the call was dispatched from in order to be placed in the first available position in the priority queue

Locals shall include calls originating from the following locations

Major shopping centres Groceries A list consisting of a maximum of five 5) addresses

When being dispatched on the Computerized Dispatch System Fare Waiting shall mask all calls or trips for the duration of this Agreement

No calls trips or parcels shall be dispatched on voice except where provided in this Agreement

In recognition of the fact that the Company operates a multi-fleet dispatch operation the Company and the Union agree that the staffing levels of the dispatch operation to service the DJs fleet shall always be no less than one (1) call taker and no more than middotfive 5) call takers One (1) call taker shall always have priority to respond to DJs calls with the balance of the call takers having secondary priority on a cascading basis To address any problems arising from dispatch issues the parties agree to establish a Dispatch Committee of equal representation to meet at mutually agreeable time frame upon request of either party within fifteen (15) days of notice being given by either side Issues may include but not restricted to hardware software or manpowerstaffing The Parties agree to address any such issue in an expeditious and fiscally responsible fashion

When the DJs fleet reaches one hundred and thirty (130) taxi cabs the Company shall add a second call taker having priority to respond to DJs calls but only during peak periods When the DJs fleet reaches one

Collective Agreement laquoCompanyraquo Page 14

hundred and sixty (160) the Company shall increase the number of call takers to two (2) having priority to respond to DJs calls at all times

1225 A list of persons and addresses owing money to drivers for fares not paid shall be compiled by the Company and kept in the dispatch office at all times No requests for taxicabs or specialty services excluding school and contract runs shall be dispatched to these persons andor addresses until the monies owing are paid

1226 Dispatchers phone staff and supervisors shall not remove falsify alter any request for taxicab service placed with DJs taxi dispatch service

1227 The Company shall ensure that dispatchers phone staff or supervisors shall not accept money or other forms of favour or inducements from any person where the objective of such payment is the granting of preferential treatment to any individual in respect of dispatch services

1228 When a call back is received after the lead time of the call in question the dispatch supervisor will send two 2) voice messages at least one (1) minute apart for the driver to come to voice If the driver fails to respond the call will be re-entered as a local call and if said driver is booked into the system heshe will be suspended until there is a response Drivers failing to go on or being late on their calls will be further disciplined in accordance with progressive discipline

1229 The Company shall discipline any driver who assigns a dispatched fare to another driver

1230 (a) The discipline or discharge of a driver who has completed hisher probationary period shall be grievable in accordance with Article 24 of this Agreement The Company agrees that it shall apply the principle of progressive discipline However the Company reserves the right not to apply the principle of progressive discipline for certain offences based on their severity

(b) The Company shall discipline any driver as follows for the specific offences listed below

i) Assigns or redirects a dispatched fare to another driver operating under the OJS roof sign as follows

a) 1st offence- 1 shift b) 2nd offence- 2 shifts c) 3rd offence - 3 shifts

Collective Agreement laquoCompanyraquo Page 15

(ii) Cancels a fare already inputted into the Ziptrack Dispatch System as follows

(a) 1st offence- 1 shift (b) 2nd offence - 2 shifts (c) 3rd offence- 3 shifts

(iii) Telephones the Ziptrack Dispatch System with an illegitimate call as follows

(a)

(b)

(c)

1st offence - 2 shifts and $2500 to the affected driver pajable by the offending driver 2n offence - 4 shifts and $2500 to the affected driver payable by the offending driver 3rd offence - termination of employment

(iv) Assigns or redirects a dispatched fare to another driver operating under another roof sign as follows

(a) 1st offence- termination of employment

For purposes of this provision one (1) shift is a period of twelve (12) consecutive hours for a twelve (12) hour driver and twenty-four (24) consecutive hours for a twenty-four (24) hour driver

1231 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical break down emergency or any other reason(s) not herein listed the dispatcher shall re-dispatch the fare and suspend the driver for one (1) hour

1232 Definitions

Accessible call means a valid request for an accessible taxicab by a person with a wheel chair or is otherwise defined by any statute or regulation thereof

Accessible Driver means a driver who is qualified to drive an accessible taxicab under the applicable By-laws of the City of Ottawa

Accessible Plate means a licence for an accessible taxicab that is issued to a person who has qualified to hold an accessible licence under the applicable By-laws of the City of Ottawa

Collective Agreement laquoCompanyraquo Page 16

middotAccessible Taxicab is a taxicab which is designed to accommodate one or more individuals who require the use of a wheelchair without the need to transfer the individual from the wheelchair which vehicles are otherwise subject to federal and provincial legislation applicable to the transport of Physically Challenged Persons and in respect of which an accessible plate has been issued

Attribute means in respect of a vehicle the association with that taxicab in the Ziptrack dispatch software system of a special feature (or restriction) for that vehicle required for specific types of fares

Call means a request for taxi service received by Ziptrack by a telephone call to the DJs Taxi number 829-9900

Cover or Covered as applicable to a fare means there-dispatch of a previously accepted fare at the request of the accepting driver for valid reason (mechanical breakdown accident or other emergency) in accordance with normal dispatch procedures

Taxi Stand means a space on private property for taxicabs operating under the DJs Taxi roof sign specified under an agreement between Coventry Connections Inc or Ziptrack Inc or a space specifically designated as a taxi stand from time to time on a public street or other public space by the City of Ottawa

Accessible Vehicle Dispatch

(a) It is agreed that calls placed through the dispatch system for an accessible taxicab shall be dispatched only to accessible taxis defined by the dispatch system as an Attribute Where there are no accessible taxicabs booked into the dispatch system and available to accept a call such call shall be displayed as being available on the fare broadcast screen

(b) An accessible taxicab may be dispatched as a standard sedan taxicab at anytime that it is not dispatched on an accessible fare An accessible taxicab shall not be given priority for any type of fare other than an accessible fare An accessible taxicab shall be booked off all zones when any fare is accepted or rejected

(c) The driver of an accessible taxicab is not authorized to reject an accessible fare if he is booked on the dispatch system or is in a queue at a taxi stand or company concession Failure to accept an accessible fare shall be deemed a rejection of an accessible fare and shall be subject to discipline

Collective Agreement ccCompany Page 17

1301

1302

1303

1304

(d) In the event that a driver of an accessible taxicab who has accepted an accessible fare requests to be covered and where such request is granted the driver shall be booked off the dispatch system for a minimum of one (1) hour or until the fare is covered

(e) The driver of an accessible taxicab that rejects or is deemed to have rejected an accessible fare under paragraph (c) above shall be booked off the dispatch system until one ( 1) hour after the accessible fare has been accepted and or service (the record of which not withstanding sub-Article 908 of the Collective Agreement shall be kept for five (5) years

(f) All accessible calls shall be masked by ACCESSIBLE FARE WAITING

(a)

(b)

(c)

(d)

(e)

ARTICLE 13 EMPLOYEES DUTIES

All employees shall perform their duties in a business like professional and courteous manner and shall not use abusive language on the air to customers or to Owners Group Staff

All employees shall be neatly dressed well groomed neat and clean in personal appearance

All employees shall give a receipt on the authorized form of the Owners Group showing the date car number and drivers name when requested to do so by the passenger or whenever there is a dispute over the fare

Subject to the above and except when he has a previous engagement ttle employee shall serve the first person requiring the service of his taxicab except when the prospective passenger

Is disorderly or abusive or poses a health or safety risk In cases of disputes involving intoxication andor health and safety risk and while the well being of the driver is of paramount importance extreme caution and sound discretion must be exercised prior to any refusal At all times the nature of the business that being a service Industry must be borne in mind so each and every situation must be measured on its own merit by the driver

Is in possession of an animal other than a Guide Animal or

Refuses to state his final destination upon entering the taxicab or

Has not paid a previous fare or

Refuses to pay in advance for flat rate out of town trip(s) or

Collective Agreement laquoCompanyraquo Page 18

(f)

1305

1306

1307

1308

1309

(a)

(b)

(c)

Has called two (2) cab companies for the same fare

In the event a driver discovers a lost object in the taxicab he shall immediately advise the dispatch supervisor of his findings with a description of the object an approximate idea of who might have left said object along with the pick-up and drop-off addresses of the customer if possible

Within twenty-four (24) hours of an objects discovery the driver shall take said object to the nearest Ottawa police station or to the Ziptrack Inc dispatch office at no cost or when directed to do so within the above mentioned twenty four (24) hours A receipt for said object will be issued if requested

Subject to Article 1305 should the customer wish the immediate return of the lost object the dispatcher shall notify the customer of the approximate metered cost of return from the location of the driver at that time and the employee shall return the object immediately to the customer at the standard metered rate

No employee shall be forced to violate a Municipal Provincial or Federal Law or regulation in the performance of ~1is duties

The Company shall provide the drivers with a list of all current flat rates Upon any changes to said list a new list shall be issued within thirty (30) days following such changes

No person(s) who will be driving under the DJs roof sign except for rehires who have been absent for less than three (3) years shall be hired or permitted to commence employment until

Heshe has successfully passed the test which the Company shall devise and administer with regard to the operation and knowledge of the taxi related Industry Said test shall include but not be limited to the knowledge of the Ottawa-Carleton area but with an emphasis on the areas directly affected by this collective agreement

Orientation by the Operations Manager or his designee on the DJs Taxi charge system

Heshe has been given a six (6) hour in-car training session This session will comprise of accompanying the prospective employee for a period of six (6) hours to learn the stands customer relations specific to DJs Taxi two-way radio booking practices and a general familiarization with the DJs environment The cost associated with this in-car training session shall be

Collective Agreement ccCompanyraquo Page 19

$10000 and said cost shall be borne by the prospective employee Failure to pass any portion of this test shall result in a fourteen (14) day waiting period before the applicant will be allowed to re-do the portion(s) of this sub-article which heshe has failed The cost associated with re-doing a) or c) will be $5000 while re-doing both would be $10000

During this waiting period the applicant will not be allowed to operate under the DJs roof sign No person operating a taxicab under the DJs roof sign will be assigned any duties associated with this sub-article

Tests are given on the first and third Mondays of each month on a first come-middotfirst serve basis by appointment Failure to attend for a scheduled date and or time will result in the forfeiture of the appointment and a new date will be booked on a first available basis only

ARTICLE 14 TECHNOLOGICAL CHANGE

1401 Technological Change means but is not limited to the introduction of changes to the present systems the introduction by the Company of additional radio channels computerized dispatching systems or any other mechanical electrical or other system including but not limited to fuel systems at no cost to the drivers

1402 In the event of any technological change the Company shall notify the Union in writing at least ninety (90) days before the introduction of such changes unless prior discussions with the Union have occurred

1501

1502

1)

2)

3)

ARTICLE 15 SENIORITY

Seniority shall be applied in determining layoffs preference for time off and recall from lay off as set out in other provisions of this agreement

Prior to being offered employment an individual shall be required to present to the Member of the Owners Group and the Company all relevant documentation namely

Valid Ontario or Quebec Provincial drivers license with a current provincial driving record with no more than six (6) demerit points at such time and if applicable has been pardoned for any prior conviction for impaired driving

Applicable Taxi Drivers License

Original copy of a Motor vehicle drivers abstract no older than twentyshyeight (28) days

Collective Agreement laquoCompanyraquo Page 20

4) Letter from previous or present insurer (where possible)

5) Work permit if applicable

6) Proof of Union membership

7) Social Insurance Numbercard or verification from appropriate federal government department of such number

8) A clear Police Criminal Record check no older than twenty-eight (28) days

9) Training as set forth in 1309

The above requirements do not apply to a driver who changes status or moves between Members of the Owners Group or Single Plate Owner or Single Plate Lessee provided the driver does not go more than thirty (30) calendar days without being registered on a taxicab except by reason of a proven medical illness Requirement 9 above does not apply to a driver who had previously driven under the DJs Taxi roof sign within the previous twelve (12) months Nevertheless each driver is required to register such changes with the Company To facilitate the drivers ability to register such changes the Company office shall be open from 830 am to 200pm daily except Saturday Sunday and Statutory Holidays

1503 The Owners Group shall recall laid off employees in the reverse order of lay-off

1504 A driver injured or ill should notify the Company and the Union within two (2) weeks of his absence and should arrange to provide a detailed mediqal certificate as evidence of injury or illness and an estimated time of return signed by a doctor in order to preserve his seniority Only an employee returning from an absence of eighteen (18) months or less due to injury or illness shall be returned to his previous vehicle provided that said vehicle is still working as a taxicab if it is not he shall be returned to another vehicle on the same shift he had prior to his injury or illness

A driver replacing another driver who is on sick leave shall be notified of his status by the Owners Group and the Owners Group shall notify the Union of all details

An employee returning within 30 days from an absence due to injury or illness shall be returned to his previous vehicle provided said vehicle is still working as a taxicab and if it is not heshe shall be returned to another vehicle

Collective Agreement laquoCompanyraquo Page 21

1505

(a)

(b)

(c)

(d)

An employee returning to work after thirty (30) days but less than eighteen (18) months from the commencement of hisher injury or illness shall be returned to work displacing the most junior driver driving with the individual member of the Owners Group

Clarity Note (i) A twelve (12) hour driver returning from illnessinjury shall be returned to a twelve (12) hour shift car by replacing the most junior driver driving Should the most junior driver be driving a twenty-four (24) hour car heshe would then be offered the shift remaining after the returning driver has chosen

Clarity Note (ii) A twenty four (24) hour driver returning from illnessinjury would replace the most junior driver and assume hisher shift

Clarity Note (iii) Returning employees shall be given the first available car corresponding to their previous shift

An employee shall lose seniority and as such will cease to be an employee upon

Voluntarily quitting or resigning

Being discharged for just cause and not having been reinstated through the grievance or arbitration procedure

Failing to rent an available vehicle when duly notified of same while on layshyoff except or for certified medical reasons

Being laid off being without a valid work permit or being without a valid Provincial drivers license or appropriate Municipal taxi drivers license for a length of time equal to that employees seniority or twelve (12) months whichever is less

ARTICLE 16 COMMITIEES

1601 A UnionManagement committee shall be appointed consisting of up to three (3) representatives from the Union and up to three (3) representatives from the Company This committee shall meet every six (6) months for the purpose of discussing matters of mutual concern

1602 A safety committee consisting of at least two (2) representatives of the Union and two (2) representatives of the Owners Group shall meet at a mutually agreeable time frame upon the request of either party within thirty (30) days for the purpose of discussing matters of mutual concern Minutes will be kept of each meeting

Collective Agreement laquoCompany Page22

1603 A rules committee consisting of up to three (3) representatives of the union and of up to three (3) representatives of the owners group shall meet at a mutually agreeable time frame upon the request of either party within thirty (30) days for the purpose of negotiating changes to existing rules and for discussing any new rules prior to their implementation

1604 To address advertising the parties agree to establish an Advertising Committee of equal representation to meet at mutually agreeable times upon request of either party within fifteen (15) days of notice being given by either side The Committee shall be responsible for a budget of $2625000 over the term of this collective agreement which sum shall be spent to advertise and promote the DJs business

The parties must agree when and how the advertising will be allocated However the parties agree that advertising would include

bull Flyers bull Newspaper Ads bull Promotional Items (eg fridge magnets) bull Radio

ARTICLE 17 SAFETY AND HEALTH

1701 It is understood and agreed that driver safety is important to the individual employee and to the industry as a whole The Owners Group and employees agree to exercise their rights and to fulfil their obligations in accordance with this understanding The Owners Group will continue to encourage and welcome safety recommendations for the safety and health of drivers during their working hours

1702 The employer shall supply only safe and roadworthy vehicles and the equipment contained therein and the vehicles themselves shall be maintained in good working order Each rental vehicle shall meet the mechanical fitness standards as defined in Provincial legislation

1703 The Company agrees to pay the premiums to an insurer chosen by the Company to provide term life insurance coverage in the amount of ten thousand dollars ($1000000) for all employees provided that the affected employee has a minimum of one (1) year seniority under the DJs Taxi roof sign and is actively working on the day he attains this one ( 1) year seniority

All claims and payments shall be in accordance with the terms of the master policy of the insurer and the Company shall not be liable for any

Collective Agreement laquoCompanyraquo Page 23 middot

bull

non payment by the Insurer This insurance coverage will not be provided to any driver who is 65 years or older at any time during this agreement

The Company shall aid in collecting monies by allowing a cash donation box to be set up at their office for driver(s) involved in serious accidents The Company shall not be responsible for said box

1704 The Company shall supply a safety shield for the company owned rental vehicle when requested by that driver

All rental drivers who request a shield must continue to operate on a vehicle that is equipped with a safety shield so long as said driver is operating under the DJs roof sign provided one (1) is available Company rental drivers working with a shield shall have the option of refusing to operate any spare rental vehicle not equipped with a safety shield However once a driver accepts a spare rental vehicle not equipped with a shield he will be deemed to have given up his right to exercise this option on the same shift

ARTICLE 18 WORK WEEK

1801 The Owners Group agrees that the employees shall determine their work week subject to the provisions of this agreement

1802 The Owners Group agrees that the work week shall be based on seven (7) days

1803 Rental drivers shall pay their weekly rental over six (6) days and have the use of the vehicle for seven (7) days

1804 Stand rents for car owners shall be calculated weekly paid monthly or weekly at the discretion of the employee but limited to one change in the payment structure per calendar year Any reduction is to be calculated on a weekly basis and there shall be no reduction given for anything less than seven (7) consecutive days off except where provided in this agreement

1805 Shifts shall be mutually agreed upon by the partners on the vehicle and in case of dispute shifts shall commence at 400am and 400pm The change-over location shall be mutually agreed to by the partners on the vehicle and in case of dispute change over shall be at the Companys office

ARTICLE 19 STATUTORY HOLIDAYS

Collective Agreement laquoCompanyraquo Page 24

1901 (a)

(b)

All rental drivers (12 amp 24 hours) of the Owners Group shall be entitled to the following days off provided that they have worked more than three (3) consecutive months under the Companys roof sign

All single plate owners (SPO) and single plate lessees (SPL) shall be entitled to the following days off provided that they have completed three (3) months of service under the Companys roof sign and they shall not be charged plate rent or stand rent for said statutory holidays

Employees meeting the criteria outlined in (a) and (b) above shall be given credit for said days whether they choose to work or not Credits for statutory holidays shall be given at the time that payment is made for the period covering the day of the holiday

New Years Day Family Day Good Friday

Victoria Day Canada Day Labour Day

ARTICLE 20 TIME OFF

Thanksgiving Day Christmas Day Boxing Day

2001 All rental drivers (12 amp 24 hours) shall be entitled to four (4) weeks annual time-off

All single plate lessees (SPL) shall be entitled to five (5) weeks annual time-off for which they shall not be charged stand rent for time-off taken During said time-off heshe shall not be charged plate rent for the first four (4) weeks

All single plate owners (SPO) shall be entitled to seven (7) weeks annual time-off During this period they shall not be charged stand rent

SPOs and SPLs outlined above will be granted their requested time-off entitlement provided they have no balance owing and provided that a minimum of one (1) week written notice is given to the individual Member of the Owners Group (MOG) and the Company and provided further that said drivers have a minimum of one (1) completed year of uninterrupted service under the Companys roof sign

In cases of accidents and major breakdowns involving SPO and SPL no notice period will be required for time-off and credits for such time-off will be based on daily increments

Where a SPOor a SPL has used all hisher allotted time off and said SPO or SPL has an accident or major breakdown heshe will be given up to a maximum of ten (1 0) additional days of time off and during said time

Collective Agreement laquoCompanygtbull Page 25

heshe shall not be charged any stand rent subject to proof of inoperability of the vehicle being provided

In the case of SPOs and SPLs extended time-off will be allowed for overseas trips All rents must be paid in advance to cover the time off for the extension

Explanation Car owners time off is only when the car is off the road If the SPO or SPL puts a driver on the car it is not considered part of this time off

2002 Single plate owners and single plate lessees will be responsible for arranging for time off for their drivers

2003 Time off may be taken weekly or bi-weekly at the employees discretion Provided further where the employee has taken a minimum of one (1) week heshe may take additional days) of less than weekly increments) in conjunction with the one 1) week

2004 Time off must be taken during the calendar year and cannot be accumulated over more than one calendar (1 year

2005 The MOG SPL and SPO agree that roof signs taxi plates and all other items (computer equipment will remain with the Company during the employees time-off and in the case of rental drivers the rental vehicle will be returned to the vehicle owner

ARTICLE 21 INSURANCE

21 01 Every car owner has the right to obtain insurance from the broker or Company of their choice without interference from the Owners Group

2102 The Owners Group shall upon written request from an employee who is presently insured by a member of the Owners Group provide written details of claim settlements and accident records

2103 The Company shall provide at no extra cost motor vehicle insurance coverage with collision provision deductible not exceeding $75000 or the cost of repair whichever is less for each at fault accident

21 04 The Company shall provide at no extra cost comprehensive coverage with zero deductible including but not limited to middotfire and theft It is agreed and understood that comprehensive coverage does not cover driver owned equipment

Collective Agreement Page26

21 05 The Company shall provide accident benefit coverage as set out in the OAP 1 of the Ontario Automobile Insurance Act and shall abide by the guidelines and statutory conditions as set out by the Insurance Company with whom the Company is insured

2106 With respect to Articles 2103 2104 and 2106 above which applies to accessible shift vehicles only) the Companys obligation is to provide insurance coverage only Any determination of whether a driver is entitled to insurance benefits andor whether a claim shall be paid or denied in any given situation shall be the sole and exclusive responsibility of the Insurance Company

2107 A driver who is insured through the Company shall provide the Company with a Motor Vehicle Drivers Abstract one month before the annual renewal of the Companys insurance policy A driver shall provide additional Motor Vehicle Drivers Abstracts as requested by the Insurer

21 08 The Companys insurer may judge a driver to be a high risk and may assess a surcharge accordingly A driver who is found tomiddot be a higher risk will bear the cost of any such surcharge

21 09 A driver insured by the Companys insurer who is involved in an accident shall regardless of whether he or she was at fault notify the dispatcher immediately The driver shall indicate whether the accident should be reported to the police and whether the customer or driver require medical attention Following notification of the dispatcher the driver shall remove the roof sign from the vehicle and record to the best of his or her ability all relevant information The driver shall bring the relevant information to the office within 24 hours of the incident excluding weekends and holidays)

2110 Drivers are responsible for the replacement of all lost or stolen antennae andor roof signs

2111 The Company shall pay the full El payments for all rental drivers In the event of an increase in the premiums during the life of this Collective Agreement drivers shall pay the drivers share of the increase

2112 All drivers who are insured through the Company obtained insurance must sign the Companys insurance agreement prior to commencing work The Company shall provide insurance agreements with no more than a $75000 deductible to be paid after the accident The amount shall be paid at the rate of $1000 per shift until fully paid

Collective Agreement ((Companyraquo Page27

ARTICLE 22 TAXI PLATE SALES

2201 1 Members of the Owners Group shall be able to sell plate(s) in the following manner

2202

(a) A notice of its intent to sell plate(s) shall be posted and announced over the dispatch system for a period of three (3) days and shall be offered to the lessees and rental drivers in the bargaining unit

(b) Where there is more than one interested applicant the plate(s) shall be offered based on seniority and plates sold shall be the plate of the most junior lesseedriver

Where the sale will result in the layoff of a driver that driver shall be recalled prior to any new hires by all Members of the Owners Group

2 Where there are no applicants the Member of the Owners Group will sell the last leased plate at their discretion Any driver laid off shall be recalled prior to any new hires by all members of the Owners Group

3 Sale of More Than One Plate at One Time

4

5

The Owners Group has the right to sell to whomever they choose provided that no one is displaced

In the event that the most junior lessee is displaced as a result of the sale of the plate the Company agrees to pay to the displaced lessee no more than fifty-five thousand dollars ($5500000) in the first year of this Agreement and according to the succession plan as outlined in article 23 for the following years of this Agreement This would apply only if the said lessee has complied with the succession plan as per article 23

An individual Member of the Owners Group shall not require any of his drivers to give up their rights under this Agreement and work under another roof sign without the drivers written consent given before a Notary Public for Ontario The Union shall be supplied with copies of the consents

In the case where a Member of the Owners Group is leasing a taxi plate and the Member of the Owners Group has a car under this plate and this vehicle is then rented out on a 12 or 24 hour rental this article then does not apply The Owners Group cannot be held responsible for any damage or compensation that may arise from the actions taken by the 3rd party

Collective Agreement laquoCompanyraquo Page28

2301

2302

2303

1

2

3

4

ARTICLE 23 SUCCESSION AND TAXI PLATE LEASES

Definition

The process by which the lessee of a Company-owned taxi license plate having determined that heshe wishes to retire andor otherwise terminate hisher relationship with the Company and having officially notified in writing both the Union and the Company of hisher intention to do so offers the opportunity to hisher driver to be the lessees successor all in accordance with the conditions sot out in this Article

In order to be eligible to offer a lease for succession the lessee must have been a party to a valid taxi plate Leasing Agreement with the Company for a minimum of one (1) year and have two (2) years of continuous uninterrupted service operating a taxi vehicle under the Companys roof sign The lessee must also be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

In order to qualify as a successor the driver must be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

An offer for succession shall follow the following order

No offer for succession can be made until the day after the final version of the seniority list as outlined in Appendix 2 has been agreed upon and signed-off by the Parties

The lessee must notify the Company and the Union in writing of hisher intention to exercise the option of succession and the projected date of the succession

The taxi plate lease shall be offered to the lessees current driver (if any) who shall have thirty (30) days to reject or accept the succession

If the offer is rejected or thirty (30) days have passed since the offer was made the taxi plate lease shall be offered to the drivers who are not single plate lessees (SPL) or a single plate owner (SPO) on the seniority list who shall have thirty (30) days to reject or accept the succession

Collective Agreement ltltCompanygtgt Page29

5

6

2304

2305

2306

2307

2308

2309

The most senior driver on the seniority list (who is not a single plate lessee-SPL or single plate owner-S PO) who accepts the succession shall be the successful incumbent lessee

In the event that no driver accepts the succession the lessee may ask that his request for succession be held in abeyance until such time as an incumbent lessee is found or may retire andor otherwise terminate hisher relationship with the Company at the time of hisher choosing In the event that the lessee retires andor terminates hisher employment relationship the taxi plate shall be returned to the Company and assigned to the next senior eligible driver as per the Companys past practice

The succession shall be valued at no more and no less than fifty-five thousand dollars ($5500000) except as modified as per sub-Article 2308 The driver (incumbent lessee) shall pay to the lessee the full value of the succession fee within sixty (60) days of the date of acceptance of the offer Once the driver has paid the succession fee the driver becomes a single plate lessee for the purposes of this Collective Agreement and will assume all rights duties responsibilities and obligations of a single plate lessee as set out in this Collective Agreement

The Parties agree that any monies or other considerations paid to a lessee at any time other than the time set out in sub-Article 2304 above shall not be counted towards the succession fee

The amount of $300000 (plus HST if applicable) shall be paid to the Company as a consulting fee by the incumbent lessee no later than the day before the day the incumbent lessee becomes a single plate lessee for the purposes of this Collective Agreement

Any lessee who exercises the succession option voluntarily terminates hisher employment with the Company and loses all seniority A driver who wishes to subsequently be rehired by the Company as a driver shall be placed at the bottom of the seniority list The driver will be eligible to become a lessee two (2) years from the date of hisher rehiring

The amount set out in sub-Article 2304 shall be increased annually on the date of the plate and stand rent increases set out in Article 27 of this Collective Agreement The annual increase shall be the same as the average of the percentage increase in the plate rent and the stand rent for that year

In the event of the death of a lessee and provided the lessee is up to date with all payments to the Company and has no outstanding amounts owing to the Company whatsoever the lessees estate shall have up to six (6) months from the date of death to exercise the option of succession

Collective Agreement laquoCompanybullbull Page 30

2310

2311

(a)

(b)

(c)

2312

Leasing agreements must be entered into provided they do not conflict with the terms of this Agreement

Without limiting the generality of 2310 in any way whatsoever a leasing agreement shall contain the following provisions

The lease shall terminate automatically for failure to fuHill any term of the lease including but not limited to failure by the lessee to fulfill any financial obligation or failure by the lessee to obtain replacement insurance in the event of cancellation of insurance

The lessee shall be the principal driver of the taxi vehicle which is attached to the taxi license plate

This Collective Agreement between the parties shall be the entire agreement and there shall be no other fee condition or other obligation except those set out in the Collective Agreement

All leased plates shall remain as such and shall not be converted to rental vehicles for the duration of this Agreement provided there are persons willing to leased said plates

ARTICLE 24 GRIEVANCE PROCEDURE

2401 A grievance shall include any issue regarding the interpretation administration application or alleged violation of this agreement It is the mutual desire of the parties that complaints of the drivers be adjusted as quickly as possible To that end the parties have adopted the following grievance procedure

STEP 1 A driver may bring his complaint to the Supervisor of the Members of the Owners Group If the driver does bring his complaint to the Supervisor he must do so within twenty (20) days of the incident or of he having knowledge of this incident giving rise to the complaint Where the complaint is brought forward it must be given to the Supervisor and the Supervisor shall reply within two (2) working days

STEP 2 Failing settlement of the complaint at Step 1 or where the driver has chosen not to avail himself of Step 1 the driver must file the grievance in writing within twenty (20) days of the incident or omiddotf he having knowledge of this incident giving rise to the grievance The grievance must be referred to the Member of the Owners Group claimed to be responsible andor any other person designated by the Member of the Owners Group Grievances shall be dealt with at the Step 2 meeting which shall be scheduled on the 3rd Wednesday of every month This monthly Step 2

Collective Agreement ccCompanyraquo Page 31

meeting shall be one meeting held at the Companys office Where the grievance involves the discharge of a driver the parties agree to meet within ten (1 0) working days of the filing of the grievance A representative of the Union shall be present at all step 2 meetings The Member of the Owners Group must respond within three (3) working days of the meeting

2402 Should a group grievance or a Union or policy grievance develop it shall be filed at Step 2 within twenty-five (25) days of the incident giving rise to the grievance or of the drivers or Union having knowledge of this incident

2403 Failing settlement under the above the matter in dispute may be taken to arbitration in accordance with article 26

2404 Drivers employed by single plate owners and single plate lessees may not grieve matters or disputes arising between the driver and the single plate owner or single plate lessee A committee shall be set up and made up of equal numbers of Uniondriver and Company personnel to assist in resolving disputes between the drivers and single plate owner and single plate lessee The committee shall have the power to determine a procedure to be followed as well as to determine fault and penalties

ARTICLE 25 ARBIrRATION

2501 After exhausting the provisions of the grievance procedure either of the parties may submit a grievance to arbitration either expedited or formal in writing within thirty (30) days of the Step 2 reply or if there is no reply within thirty (30) days after the expiration of the time limits to provide a reply

2502 Unless otherwise mutually agreed by the parties all grievances referred to arbitration not relating to an indefinite suspension a discharge or any separation of employment or to the interpretation of the collective agreement group grievances and policy grievances shall be referred to the expedited process

Grievances referred to arbitration in respect of indefinite suspensions discharge or separation of employment for any reason or to the interpretation of the collective agreement and group grievances may only be referred to this expedited process by the mutual agreement of the parties

2503 Within fourteen (14) days after notice has been given that the grievance will proceed to formal arbitration the parties shall meet and agree on a single arbitrator If the parties cannot agree on an arbitrator within this time limit either party may request the Minister of Labour to appoint an

Collective Agreement laquoCompanyraquo Page32

arbitrator and this appointment shall be binding on both parties In respect of the cost of arbitration of formal grievances the parties shall share equally the fee and expenses of the sole arbitrator

2504 The formal arbitrator shall have the right to exercise all the powers provided by the Labour Relations Act as amended from time to time

2505 The Arbitrator must hand down a written decision within sixty (60) days of the date of the hearing

2506 As an alternative to the formal arbitration process set out in the foregoing paragraphs a grievance may be referred to a previously agreed-upon person who shall hear the grievance and who shall at the conclusion of the hearing give a decision immediately Such decisions may not be used to alter modify or amend any part of the collective agreement and are made without precedent or prejudice to similar or like cases Such a decision shall be final and binding upon both parties and no further action may be taken on that grievance by any means whatsoever

2507 To maintain the efficiency of this expedited process the parties shall schedule a minimum of one (1) day of arbitration every three- (3) months except in those circumstances where either party deems it necessary to schedule the arbitrator more frequently

2508 The parties shall share equally the fee and expenses of the persons selected to hear the expedited arbitration cases

2509 At all expedited arbitration hearings the Company or Member of the Owners Group shall be represented by a member of their management and the Union shall be represented by a Union staff representative or an officersteward of the Local Union

2510 The Union shall forward to the representative of the Member of the Owners Group a list of the expedited grievances to be heard on the day or days scheduled for the hearing of grievances according to the expedited arbitration procedure The aforementioned list shall be forwarded to the representative of the Member of the Owners Group no later than ten (10) working days in advance of the hearing unless otherwise mutually agreed

2511 By exception a party may call one (1) witness at an expedited arbitration

2512 Prior to proceeding to formal or expedited arbitration and at least thirty (30) days prior to the date of arbitration the parties may upon mutually agreement request that any grievance be referred to a mediator to act as a grievance mediation officer for the purpose of attempting to

Collective Agreement laquoCompanyraquo Page33

mediate a settlement of the grievance The parties shall share equally the fee and expenses of this officer

ARTICLE 26 TAXI PACKAGE

2601 The employer shall provide to the rental driver at no extra cost motor vehicle insurance with a collision provision deductible not exceeding $50000 for each accident at fault

The Owners Group shall also provide to the rental driver at no extra cost comprehensive coverage with zero (0) deductible including but not limited to fire and theft It is agreed and understood that comprehensive coverage does not cover driver added equipment

2602 Each rental driver shall be supplied for a daily twelve (12) or twenty-four (24) hour period at no extra cost a roadworthy safe sedan four (4) door taxicab with proper weather resistant tires for all seasons and with a seating capacity for not less than four (4) passengers containing

2701

2702

2703

1 A roof sign 2 A sealed taxi meter 3 A two-way radio 4 A full size spare tire subject to space limitations 5 A tire tool 6 A jack 7 A mike clip 8 A full tank of gas at start date 9 Air conditioning on replacement vehicle where possible 10 An electric rear window defroster or blower

Any equipment owned by the Owners Group that becomes inoperative shall be repaired as soon as possible

ARTICLE 27 RENTAL CHARGES AND TERMS OF AGREEMENT

This agreement shall take effect upon ratification and be binding on both parties for three (3) years and shall continue for annual periods of one year each unless either party gives at least one hundred and twenty (120) days notice that it wishes to amend this agreement

It is agreed and understood that this agreement will remain in full force and effect until amended by negotiations

Rates shall be as follows

Collective Agreement laquoCompanyn Page 34

712011 712012 712013

Stand Rent (monthly) $43900 $45000 $45900

Plate Rent (monthly) $71926 $75000 $75960

Daily Car Rental 24 hr Regular Plated $9700 $9700 $9700

24 hr Accessible Plated $10500 $10500 $10500 12 hr Regular Plated $6700 $ 6700 $6700

12 hr Accessible Plated middot $8300 $8300 $8300

Credit Card Transaction 50 50 50

Debit Card (per) Transaction $065 $065 $065 (To the Driver)

POS Rental Fee (monthly) $800 $800 $800

POS Insurance (monthly) $300 $300 $300

Note The above rates do not include HST

Note For purposes of car rental rates the weekly rents shall be six (6) times the daily rent

Note It is recommended that drivers use Company supplied POS machines and systems

2704 Employees shall pay all monies owed to the Company in the following manner Monthly By the 5th business day of the month

2705 Any employee failing to pay monies by the above dates and times shall be suspended and not reinstated until the monies are paid in full and credited to their account

2706 Employees shall be entitled to pay their rents to the company by company approved charges cash and cheque - provided the employee has at least one (1) year of seniority

Employee(s) who have one (1) cheque returned NSF shall be suspended immediately upon the company receiving notification from the

Collective Agreement ((Company Page35

bank shall lose such privilege for twelve (12) months and shall be charged the appropriate charges

ARriCLE 28 GENERAL

2801 The Company and drivers shall maintain its internal company charge system and accept major credit cards which currently include Visa Mastercard American Express and Diners Cluben Route as approved by the Company

2802

2803

2804

2805

2806

2807

This system shall continue for the duration of this Agreement so long as external factors outside the Companys control do not prevent the Company from doing so Drivers shall be entitled to cash their charges provided they do not have any outstanding balances at the offices of the Company during the hours of 0830am to 400pm Monday to Friday except holidays The Company shall make available to the employees during normal business office hours receipt cards and credit card slips All credit card charges must be authorized

Drivers shall pay a fee of five (5) of all credit card charges that they redeem

Except as otherwise provided in this agreement all passengers shall be treated in a polite professional courteous and businesslike manner at all times by both the Owners Group and the employees

If requested a properly signed receipt shall be furnished by the owner for all payments made by the driver (If requested said receipt shall show a breakdown of all payments made by the driver and the dates for which they apply) For the purposes of this clause a numbered computer receipt shall be deemed to be signed

The employees who own their own vehicles whether or not they own their own license shall have absolute choice as to where their vehicle is to be repaired andor maintained

No employee either full-time or part-time shall abuse or mistreat any vehicle or equipment (ie roof sign radios meters and aerials)

The Owners Group agrees to work with the Union to lobby the City of Ottawa to allocate stands where necessary and appropriate

The Company agrees to provide the Union with the rules covering the stands controlled by concession agreements

Collective Agreement ccCompanyraquo Page 36

bull

2808 Subject to the provision of adequate insurance coverage all car owners shall be free to place a second driver or a third driver on their vehicles should they require without interference from the Company

2809

2810

2811

2812

2813

2814

In the event the Company refuses an individual employment as a second driver or as a third driver the Company agrees that such refusal may be the subject of a grievance and the onus of proof shall rest with the Company to show just cause for such refusal

The parties agree that no vehicle will have more than three (3) drivers at any one (1) time

The Company shall take reasonable steps to maintain all current concession agreements for the duration of this agreement The Company shall take all reasonable steps to obtain additional concession agreements

The Company shall have a phone line separate from the dispatch office so that drivers business people friends of the office staff may call through middot without having to tie up the dispatchers time The separate phone line may be used by the dispatch office during non-business hours

Time-off without rental fees or loss of seniority will be given to those members of the bargaining unit who are called for jury duty Rental driver(s) must park their rental vehicle(s) at the Companys premises should the jury duty go beyond three (3) days

The Company shall maintain a drivers waiting area As well the Company shall allow the drivers to use the telephone in the office for local calls only pursuant to the current past practice

In the event of an assessment to the CompanyOwners Group by WSIB in relation to the provision of WSIB benefits for the Bargaining unit personnel the CompanyOwners group and the Union agree to renegotiate in good faith the rates set out in Article 2703 Where the parties fail to reach agreement on the issue the matter shall be referred to an arbitrator for full and final settlement

When a customer complaint is received by the dispatcher the latter will advise the customer that an authorized representative of the Company will handle the complaint in an expeditious manner Upon request by the Union the Company shall provide a copy of the computer printout and all other relevant information including but not limited to any taped conversation related to the complaint being investigated The privacy of the customer is paramount and will at all times be respected

Collective Agreement ccCompanybullbull Page 37

2901 (a)

(b)

ARriCLE 29 BEREAVEMENT LEAVE

The Members of the Owners Group agree to grant affected employee(s) the necessary time off of up to four (4) days without fees at the time of death of the following relative(s) of said employee(s) father mother spouse (includes common-law) child brother sister mother andor fathershyin-law

The Members of the Owners Group further agree to grant to affected employees two (2) days without fees at the time of death of the following relatives of the employee sister andor brother-in-law and grandparent

ARTICLE 30 SOCIAL JUSTICE FUND

3001 The Company shall pay to the Union an amount of eight hundred ($80000) dollars per collective agreement year with such amounts being made payable to the CAW Social Justice Fund Inc Said amounts shall be paid by separate cheque by the last day of February in each year of this collective agreement A tax receipt shall be supplied to the Company on receipt of said amount

ARTICLE 31 SAFETY BANQUET

3101 The Company agrees to contribute seven hundred and fifty dollars ($75000) to the Unions annual Safety Banquet in each year of the Collective Agreement

SIGNED THIS DAY OF APRIL 15 2012

FORTH~

~~

Collective Agreement laquoCompanyraquo Page38

Collective Agreement laquoCompanyraquo Page39

SCHEDULE 11 A 11 LIST OF THE OWNERS GROUP

Coventry Connections Inc

Collective Agreement ccCompanyraquo Page40

SCHEDULE nan EXISTING CUSTOMS RIGHTS AND PRIVILEGES

1 There shall be no charge for the receipt cards

2 There shall be no charge for credit card vouchers subject to suppliers (third party) availability and conditions Should the Company pursue a course of action leading to Point of Sale terminals which usage will include Debit transactions Decremental Cards and Credit Cards there would be a charge for paper usage

3 The drivers shall choose their own working hours during their shift

4 Reasonable accommodation shall be given to payment of outstanding debts for accident(s) The following minimum payments are required

A) Up to $1 00000 - $ 1 000 per day

B) Over $100000- $2000 per day

Agreed to on the understanding that this does not apply to spare cars

Collective Agreement laquoCompanyraquo Page 41

SCHEDULE C RULES AND REGULATIONS

1 The following articles of clothing are not acceptable forms of attire at OJS

(a) Sweat pants and shorts except for dress shorts Dress shorts will be allowed from April to Labour Day Drivers caught wearing inappropriate shorts will be given one (1) warning and any future occurrence with regards to inappropriate shorts will cause them to lose the right to wear dress shorts for the duration of that season Shorts can be no shorter than three (3) inches above the knees

(b) T-shirts (except Union decaled T-shirt) without lapels tank tops and muscle s1middot1irts

NB Clothing andor other attire with obscenities profanities or sexually degrading remarks are not acceptable Hair must be clean and neat Faces must be clean-shaven or beards neatly trimmed Clothing must be tear and rip free with no visible patches and is to be cleaned and ironed as required Socks must be worn at all times with all types of footwear except for sandals

2 Drivers must be courteous and pleasant at all times and must conduct themselves in a professional business-like manner

3 There is to be no abusive foul language or gestures directed at customers or the general public

4 Consumption of alcohol or drugs will not be tolerated prior to the commencement of a shift andor while driving

5 There wiil be no arguing and fighting among drivers or other DJs personnel under any circumstances

6 No playing of cards or any other games of chance is allowed at any time when working This includes any form of gambling or betting on the air

7 Profanity or abusive language on the air or in your vehicle is prohibited at all times

8 Use of cell phone during the conveyance of a customer(s) is prohibited

9 Each taxicab and driver shall carry at all times a current street guide Drivers are to make proper use of this guide to avoid unnecessary air time

Collective Agreement ccCompanyraquo Page42

10 Deliveries are to be taken directly to the destination Running other fares while occupied on deliveries will not be permitted unless approved by the dispatcher

11 No messages between drivers are permitted Drivers will receive messages to call home spouse office union office partner or garage

In addition When an authorized Union rep asks the dispatcher to have a member of the bargaining unit call them for union business only this will be allowed and if necessary a phone number will be given

12 Picking up a fare while on the way to an accepted dispatch call will not be permitted

13 Drivers must allow 5 minutes wait at the customers pick-up address

14 Drivers shall take reasonable steps to ensure that they pickup only those fares that they are dispatched to Drivers must check with dispatcher for authorization before taking another fare from same address

15 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical breakdown emergency or any other reason(s) not herein listed the dispatcher shall reshydispatch the fare and suspend the driver for one (1) hour

16 Interference or jamming of the radio is a Federal offence and will not be tolerated

17 When necessary drivers must assist customers with handling of baggage and opening and closing of doors

18 No complaining to customers about short fares or time calls A list of regular short fares will be established and such fares shall be dispatched as Locals

19 At customers request music radio and other sound systems except for the twoshyway radio must be turned off

20 Driver must issue a receipt card upon request by customer Drivers signature must be clearly marked in the appropriate place on the receipt card There is no charge for the issuance of a receipt card

21 No new driver is to commence work until he has been briefed by OJS staff in the operating of our charge account system

22 Some of the guidelines in the operation of our charge account system are as follows

Collective Agreement laquoCompanyraquo Page43

(a) All charges are to be signed with car number (eg-DJ70) and date clearly written

(b) If the fare goes to more than one destination these other destinations are to be clearly marked on the reverse side of the chit

(c) Taxi chits to be signed by the customer and dollar value to be clearly marked

(d) Gift certificates which currently have a maximum value of $500 each are to be accepted at face value and change given as required

(e) Drivers must note on back of chit the drop offpick up address if it is different from address shown on face of chit

Drivers are prohibited from buying other drivers charges whether they be DJS drivers or other cab Companys charges Violation of this rule shall result in the following fines

1st offence -2d offence bull 3rd and subsequent offences-

$5000 per chit $10000 per chit $20000 per chit

plus the face value of each chitCredit Card in all cases

The parties agree that the above penalties are specific penalties within the meaning of the Ontario Labour Relations Act An Arbitrator shall not have the power to alter or modify any penalty imposed under this clause

(f) Drivers must accept all major credit cards approved by OJS Taxi

(g) Drivers are responsible for ensuring that all necessary information is clearly marked on charge vouchers as follows

bull Customers name and signature bull Card number (correct number of digits) bull Expiry date bull Drivers signature and car number (eg-DJ70) bull Ensure proper copies of charges are submitted to the Company for

processing bull No hand written major credit card sales drafts will be accepted

23 All cars are to be cleaned inside and out by 1000 am every day with due regard given to road and weather conditions

Collective Agreement Page44

24 All drivers must ensure that they have change for $2000 at all times and will not be removed from the sheet while getting change provided they are not called

25 No taxicab driver shall charge a passenger for

(a) The cost of proceeding to an establishment for change or

(b) Waiting time while a passenger obtains the change provided the bill presented for payment is of $2000 denomination or less

26 No vehicle to be left unattended with keys in the ignition

27 No person(s) unless authorized by the Company shall accompany the driver in the vehicle while heshe is occupied with a paying fare

28 Taxis must not be left unattended on a OJS taxi concession stand for more than ten (1 0) minutes

29 Only au~horized drivers with valid licenses can operate a taxi-licensed vehicle

30 Roof sign must be removed from vehicle when not on duty or involved in an accident

31 ALL DRIVERS ARE ADVISED THAT IT IS AGAINST THE LAW AND OJS TAXI COMPANY LIMITED POLICY TO REFUSE DOG GUIDES IN THEIR CABS REFUSAL WILL RESULT IN FINES AND DISCIPLINARY ACTION BY THE COMPANY

1st offence - 1 week suspension 2nd offence - 2 weeks suspension

3rd offence - Dismissal No longer working under the OJS roof sign

Accommodating Persons with Disabilities

The Management of OJS Taxi wishes to advise all its employees drivers and others operating under the OJS Taxi roof sign of the OJS Taxi policy with respect to blind passengers whether or not they use dog guides

Under the Blind Persons Rights Act of Ontario no person may either deny any person services customarily available to the public or discriminate against any person with respect to services available to the public for the reason that they are a blind person accompanied by a dog guide

Under the Ontario Human Rights Code every person has a right to equal treatment with respect to the supply of services which includes taxi services

Collective Agreement laquoCompanyraquo Page45

bull

without discrimination because of among other things a disability A disability includes any physical impairment such as being blind visually impaired deaf or hard of hearing

Guide Dogs and Taxi Services Many disabled persons are physically dependent on guide animals in their daily activities Canadians who are blind or visually impaired deaf or hard of hearing or who have other types of disabilities such as epilepsy are dependent on guide animals

Accommodation of these individuals necessitates that they be permitted to take their guide animals with them into taxi cabs Refusing to allow them to do so will infringe on their human rights and is against the Blind Persons Rights Act of Ontario and the Ontario Human Rights Code

This notice will simply repeat what should be apparent to you all that if a blind person with or without a dog guide is refused services by any OJS Taxi driver such actions will result in fines to the driver and other disciplinary action including the possibility of suspension by the Management of DJs Taxi Co Ltd

For more information regarding guide animals please review the attached pamphlet and information sheet published by Dog Guides Canada

Any inquiries concerning this policy should be directed to any member of the Management who will if it is required explain the policy to you

32 Drivers are not allowed in the dispatch office

33 All parking tickets will be paid by the rental driver responsible

34 In order to boost with Company owned taxicabs employees must request an obtain instruction from the garage manager or his designee on the proper method of boosting in order to reduce any risk of injury to the driver passenger and damage to the vehicle(s)

In the event of misuse employees at their discretion may be either disciplined in accordance with the principle of progressive discipline or have the option of reimbursing the Company for the cost of damaged parts

35 Any driver operating a taxi while his drivers license or taxi license is under suspension will be disciplined unless the driver can obtain written proof from the Ontario Ministry of Transport andor the appropriate taxi licensing authority that the driver did not receive evidence that hisher license was suspended or cancelled

36 When necessary or requested all elderly andor disabled customers are to be assisted in and out of taxicab at all times

Collective Agreement laquoCompanyraquo Page 46

37 No stealing fares

38 Drivers are not allowed to book no loads and run the fare

39 Drivers cannot refuse dispatched fares subject to article 1304 andor where the driver believes his safety or health is at risk

40 Failure to come to voice after two (2) requests by the Dispatch Supervisor will result in the Driver being suspended in the computer

41 Dispatch staff will not make phone calls for drivers unless it is an emergency situation

42 There shall be no personalization of any fares or trips placed through the Dispatch System of OJS Taxi except for returns east of but not including the Civic Hospital within the same twenty-four (24) hour period Where a return-call has been prearranged through the Dispatch System prior to the initial call being dispatched then the return-call cannot be personalized

43 Drivers will pay monies owed to the company by 400pm on the day that they are due No driver with an outstanding balance will be allowed to book on the sheet until their account is paid in full to the business office This means credited to their account and a receipt issued

44 Dispatchers shall give the line-up every thirty- (30) minutes except for the months of December January and February On implementation of the Computerized Dispatch this clause will be eliminated

45 All deliveries shall be given out as regular calls except where provided in this agreement and all employees shall have the option to refuse to deliver alcohol When a dispatcher requests a driver to call him for information concerning a delivery the dispatcher will first give the delivery address over the radio to ensure the delivery is being dispatched correctly

46 When drivers book out of their cars to attend scheduled complaint meeting appointments they shall be allowed to remain in their spot on the line up queue passed by for fares and treated by the dispatch as if they are no longer on the sheet

When the affected driver returns to his car and books back in he shall be returned to his position in the line up queue and given his next rightful fare

The maximum time a driver shall be allowed to book out for a complaint meeting is one half-hour

Collective Agreement laquoCompanyraquo Page 47

This rule shall only apply if the affected driver does not incur any discipline as a result of the complaint meeting

47 All cabs at DJS Taxi must have a mike clip and the clip must be used Drivers must pick up their mike when communicating

48 Drivers using vans as taxicabs must have and make use of (when requested or required) a portable step to assist passengers in and out of their vehicles

49 All taxicabs must be free of any body damage and any damage must be repaired within ninety- (90) days

50 Roof signs must be kept in good working order and condition with Company approved logo clearly visible front and rear

51 In order to ensure equipment is compatible with computer dispatch system all new radio equipment must be approved by the Company prior to installation

Collective Agreement laquoCompanyraquo Page48

SCHEDULE D CREDIT CARD POLICY amp PROCEDURES

DRIVERS MUST ACCEPT ALL COMPANY APPROVED CHARGES CREDIT AND DEBIT CARDS

DRIVERS MUST HAVE A POINT OF SALE UNIT AND A MANUAL PRINTER PER CURRENT BYLAW CITY OF OTTAWA

Due to the increased use of fraudulent Credit Cards by customers in taxicabs the following procedures have been developed to protect drivers from falling victim to Credit card fraud When accepting Credit cards the following rules must be followed

Credit and Debit Cards- the following rules must be followed

AUTHORIZATION OF ALL DEBIT AND CREDIT CARDS

All Credit Card slips must be authorized regardless of amount Verification is generally done after the fare is completed but verification of an estimated or known amount can be done prior to the completion of the trip if

bull The destination is beyond the radio coverage area bull The driver has reason(s) to suspect the validity of the card

INFORMATION REQUIRED FOR ACCEPTANCE OF DEBIT ANDOR CREDIT CARD SLIP FOR PAYMENT The completed Credit Card slip must contain all the following information

(a) Vehicle Number (pre-printed on POS slip if not to be written by hand at the bottom of the slip)

(b) Drivers ID Number and Initials (c) Amount of fare and gratuity (if applicable) (d) Authorization number (Pre-printed on POS slip) (e) Date of the fare (Pre-printed on POS slip) (f) The Debit or Credit Card must be swiped at all times (in the event that the

receipt does not print imprinting Credit Card only on manual imprinter is acceptable with customers signature but the imprint of the card number has to be clear) In the case of a swiped transaction part of the card number will display per Credit and Debit Card industry rules

(g) Customers signature clearly written (Credit Card only) marked TRANSACTION COPY We will accept the CUSTOMER COPY as long as it has the customers signature Debit POS slips are to be submitted marked TRANSACTION COPY NO SIGNATURE IS REQUIRED

Collective Agreement laquoCompanyraquo Page49

DISPUTES BY A CUSTOMER

Should a debit or credit card slip be disputed by the customer their bank or other financial institution the company will investigate If such investigation proves fraud or error by the driver the driver will be charged back for the full amount of the charge

If the disputed transaction was processed on a non-company unit a $500 plus HST charge plus the value of the charge will be debited to the drivers account The Company will refund the customer for the value of the charge

Should a customer andor driver report that the charge has been approved more than once the Company will investigate The Company does not allow any refunds in the taxicab Drivers can void a transaction but this must be done before Batch Closing the transaction A Void can only be done in the presence of the customer as the card (debit or credit) must be present The driver can then re-swipe the card for the correct amount The Company publishes a toll free number for customers or drivers to call with any concerns about a transaction If a customer has been charged more than once for the incorrect amount the following procedures apply

Credit Card

The Company will verify that the customer was charged multiple times or has been over-charged and issue a refund as necessary The Company will send a copy to the customer upon request All refunds are processed on a Point of Sale unit or Virtual Merchant (on-line) The Company may contact the driver to determine the validity of the customers details

Debit Card

The Company will verify that the customer was charged multiple times or has been overcharged and issue a cheque refund as necessary The Company keeps a copy of the cheque issued

GENERAL INFORMATIONGUIDELINES

1 If the driver has overcharged the customer and has been paid the incorrect amount the Company will adjust the drivers account and provide a receipt The Company maintains a log in the even there is a dispute by the driver or the customer If the driver reports the overcharge that is logged on a Customer Incident Form which has a Control Number

2 Hand written Credit Cards will not be accepted All Credit Cards must be passed through a manual imprinter which clearly shows the full credit card number If the credit card number is not clear and cannot be authorized

Collective Agreement laquoCompany Page 50

the driver will face debitchargeback of the amount as it cannot be authorized

3 The only Credit Cards accepted by Taxitab a division of Coventry Connections Inc are

i Visa ii Mastercard iii American Express

Note Visa Mastercard and American Express all issue prepaid credit cards these are all accepted

4 Taxitab a Division of Coventry Connections accepts Debit Cards for Canadian Financial Institutions Debit Cards for foreign banks may not

work on the unit Visa Mastercard have commenced issuing Debit Cards these are all accepted These cards are clearly marked on the face of the card with the Visa and Mastercard logos

5 The following items are to be checkedverified by the driver upon presentation of a Credit Car (a to d) Debit Card (d only)

CHECK LIST

(a) Expiry Date Ensure the card is valid Check to be sure that the Card is not being used beyond the expiry date printed on the card If the card is expired refuse to accept it

(b) Altered Cards Check to see if the card has been noticeably altered in any way If it has been refuse to accept it

(c) Card holders name and signature Check that the signature on the Credit Card slip is the same name printed on the card At the same time check that the signature is the same as the signature on the rear of the card If there is no signature on the rear of the card ask the customer to sign it as you are required to check this

If in doubt ask to see some other form of identification (preferably one with a picture and signature) that ensures that the person using the card is who they say they are

(d) Amount of fare and gratuity (if applicable) The amount of the Debit or Credit card slip must be equal to the amount of the fare and the gratuity (where applicable) Each amount should be entered in their respective places and only by the customer unless otherwise directed In the case of a Debit Card customer must always enter their PIN number to

Collective Agreement ltbullCompany Page 51

authorize the card Drivers must remind customer that the TIP field comes first followed by the PIN number

(e) $150 Surcharge

Debit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated by the City of Ottawa By-Law The $150 charge is prompted by the point of sale unit automatically The Driver receives 65cent of the $150 for every transaction

Credit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated in the City of Ottawa By-Law The $150 charge is NOT prompted by the point of sale unit automatically The driver adds the $150 to the metered amount and enters this total in the base amount field

6 CAUTIONS

7

(a)

(b)

(c)

Bank Card only have the Bank name on the card

Credit Cards are identified by the VISA MASTERCARD AMERICAN EXPRESS OR DINERS CLUB-ENROUTE symbols Only Cards with these symbols will be accepted

Credit Cards will have a holographic image on the face of the card

CASH ADVANCES

The use of Credit Cards for cash advances in the taxicab is not permitted Credit Cards must only be used in the taxicab for paying for an actual fare Anyone using a Credit Card in a taxicab to obtain cash advance is most likely using a stolen or fraudulent card

8 OUT OF TOWN FARES

For the drivers protection it is suggested that for fares going out of town and the customer wishes to pay by Credit Card it is recommended that the driver authorize the fare at the beginning of the trip (dispatcher can give an estimated amount) If there is a difference process the difference at the end of the trip There is a pre-authorization feature available for Credit Card only on the Point of Sale unit The Company can activate this on driver request but the driver must be

Collective Agreement ccCompany)) Page 52

bull

9

given correct training for this There are several steps involved with pre-authorization that must be followed before batch closing

BATCH CLOSING

Drivers must close transaction in the terminals at the end of their shift Credit Card authorizations only remain in the terminal for five (5) days after that the processor closes them automatically Drivers must batch close all credit cards no later than four (4) days in order for the items to appear on the batch close report

Batch Close reports will print separately for Debit and Credit Cards and list the details of the transactions in the terminals showing the card type and the last four (4) digits of the card involved This Batch close cannot be reprinted drivers must hold on to them Attach the slips to the Batch Close and bring to the cashier The cashier will verify the attached slips are on the batch close and proceed to pay or credit the driver assuming all slips are authorized and complete (as discussed above under (1) Authorization Procedures)

The following circumstances regarding Batch Closes will apply

(i) Batch Close with All Debit and Signed Credit Card slips- Driver will be paid or credited at time of presentation at a cashiering station

(ii) Batch Close- No Debit Slips if the batch close shows a Debit Slip and the driver has misplaced or lost the slip the Driver will be paid or credited at the time of presentation at a cashiering station

(iii) Batch Close No Credit Card Slip- No Slip No Payment at time of cashiering (driver is to go to Driver Admin in this instance) If the driver has a signed manual slip and the last 4 numbers of the card match those on the batch close the slip will be accepted by the cashier

NO BATCH CLOSE REPORT -If a Driver has lost or misplaced Batch Close report the Driver is to go straight to Driver Admin (not cashiering) The Driver is to bring the receipts (if there is a credit card slip with no signature there is a separate procedure for this below) he has for which he has not batch close Driver Admin will initiate a Batch Close Incident Report which has a Control Number for future reference The Procedure is as follows

(i) Driver Admin to Photocopy all Slips and write the Control from the Batch Close Incident Form on the photocopy and date the sheet The

Collective Agreement ccCompanyraquo Page 53

bull

bull

Driver is to keep this in the event of a dispute or apparent nonshypayment in account

(ii) Driver Admin will complete the top copy of the report attach a copy of the slips The Driver will complete the bottom part of the report and sign it

(iii) Management will need 72 hours (three business days) from the date of Incident Report to investigate the transaction has been settled in the POS unit

(iv) Providing Management confirms the transaction is complete the slips will be credited to the Drivers account and a receipt will be printed A copy of the receipt is attached to the Batch Close Incident Report The Control from the Form is entered when the the amount is credited for reference A receipt can be printed at that time by cashier

(v) In the event that a driver does not have a Batch Close and presents a credit card slip with no signature the following will apply

(vi) If the Driver experiences a problem with the Batch Close or operation of the unit the Driver is to bring the unit to the office during normal hours Management will investigate the issue and call Driver to reshyissue the unit completing paperwork for the replacement unit which the driver will sign

Any driver attempting to defraud a customer by processing a debit or credit slip more than once will be terminated

Collective Agreement laquoCompany)) Page 54

bull

bull

SCHEDULE E STOLEN FARE POLICY

Whenever the Dispatch Supervisor receives a complaint that a fare either dispatched to the complainant or from within the same block of taxi standconcession on which the complainant is parked has been stolen and the identification of the accused is made known the Supervisor shall

(a) Bring the accused to voice and notify himher of the allegations

(b) Inform the complainant that a deposit of forty dollars ($4000) must accompany his accusation and to be deposited within one (1) hour of the complaint Where applicable inform the complainant that the accused wishes to challenge the allegations and the date and time of the hearing shall be known to both parties

(c) A failure of either party to attend the hearing will result in an additional fine of forty dollars ($4000) to be paid within sixty (60) minutes of the conclusion of the hearing or a suspension ob the absent party until payment is received

(d) Inform the accused of the available options

(i) Arrange for repayment of the fare in its entirety to a minimum of forty dollars ($4000) to the complainant a Union representative or the Company on behalf of the complainant within sixty (60) minutes or

(ii) If the allegation is being denied and the accused wishes to refute it forty dollars ($4000) must be deposited at the dispatch office within sixty (60) minutes with a notification to the Dispatch Supervisor that the allegation is being challenged

Where the accused fails to respond to two (2) voice messages or refuses to comply with (c) the accused shall have dispatch services suspended until in compliance or the Company receives instructions from a Union Representative to do otherwise

The penalty for a wrongful accusation is the payment of forty dollars ($4000) to the accused by the accuser in addition to the return of the accuseds deposited payment

It is understood and agreed that the action(s) of the Dispatch Supervisor(s) in the compliance of this Policy is not to be construed as a determination of who is the guilty party In all disputes regarding stolen fares the Committee shall make the final determination with respect to guilt

Collective Agreement laquoCompany Page 55

bull

bull

Note Such fare(s) will not be considered as Stolen Fare(s) if picked up by driver(s) arriving on the Concession(s)Taxi Stand(s) prior the driver(s) who accepted the dispatched fare(s)

Collective Agreement ((Company Page 56

bull bull

APPENDIX 1

PLATE CAR LESSEE IND START LESSEE START

1 1027 5027 ADAM GRANT 1 91111986 111987

2 1015 5015 TIMS VAUGHN 411995 411995

3 1043 5043 MARTON FERENC G 10251995 10251995

4 1050 5050 DUBOIS JOHN 12111994 311996

5 1048 5048 SUNIL JOSHI 1111994 711996

6 1030 5030 SLIM MOHAMED 711996 7111996

7 1041 5041 JAMALEDDINE ZAHER 911996 911996

8 1040 5040 MAHEUX FRANK 11151996 181997

9 1109 1 5109 ASTLEY JAMES 1011994 1131997

10 1045 5045 MELHEM SAMIR 1211996 9211997

11 1028 5028 LABINE ANTHONY 10151980 11281997

12 1054 5054 ELmiddotNEMER NEMER 11131997 21271998

13 1113 5113 WEAGANT BROCK C 82211988 3131998

i

14 1039 5039 SOBH HAC HEM 11171997 5111998

15 1044 1 5044 MOUFARREJ RAYMOND 10241996 1161998

16 1042 5042 MCCONVILLE BILL 311992 11111998

17 1107 5107 GIANNAKOS LOUIS I 9111997 491999

18 1026 5026 VERMA LALIT 51261996 5311999

19 1033 5033 MITCHELL BRUCE 111987 9301999

i

20 1108 5108 PAPPAS CHRISTINE 121111991 1041999

rmiddot 1014 5014 NYTRA BEDRICH 961996 3302000

22 1000 5000 ABOUmiddotARRAG SAM I 611997 7132000

23 1038 5038 MUNROE JOHN 1111977 492001

24 1022 5022 RADULESCU GELU 611999 5232002

25 1139 5139 HASSOUN I MOUFID 71211999 8152002

26 1006 5006 SADER I GHASSAN 6211999 292004

27 1029 5029 CLAYTON GREG 911980 21132004

Collective Agreement ccCompany Page 57

bull

28 1034 5034 IBRAHIM 12301995 4302004

29 1037 5037 ABDALLA HASSAN I 3312000 2202006

30 1010 5010 HASSOUN AD NAN 8272001 312006

31 1031 MASSOUD 1241998 312006

32 1 1o35 5035 JANCO 911992 362006

1 33 1036 5036 SINGH BALWANT 92211999 3172006

Collective Agreement ltltCompanyraquo Page 58

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 15: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

1218

(e) (f) (g) (h) (i) (j)

Sergeants Pump (Merivale Rd) Coliseum Theatres Bayshore Transit Eagleson Transit Station Kanata Town Center Terry Fox Transit Station

For the purpose of article 1224 the following hours are considered peak periods

(i) During the months of November December January and February Mon - Fri 700 AM - 500 PM Thurs - Sat 500 PM - 300 AM New Years Eve 500PM-500AM New Years Day

(ii) During the months of March April and October Mon - Fri 700 AM - 300 PM Fri amp Sat 11 00 PM - 200 AM

(iii) For Canada Day 400 PM - 200 AM for

Christmas Day New Years Day (except as outlined above) Good Friday Easter Monday and Thanksgiving Day are exempt from the above

1219 Fares originating in the City of Ottawa and any other points west of Ottawa including Richmond Ontario shall be dispatched to the first taxicab appropriately booked on the corresponding stand

1220 Weather permitting there should never be a call back from customers due to the late arrival of a cab All fares accepted must be serviced without delay All stands will have a maximum response time limit of fifteen (15) minutes Phone personnel will tell customers that the cab will arrive within 10-15 minutes please be ready

Should the Company receive a Call-Back after the lead-time of a dispatched fare discipline shall be applicable to the affected driver(s) as follows

(a) 1st Offence First written warning and a fine of $2000 will be imposed and collected by way of the drivers account

(b) 2nd Offence Second written warning and a fine of $3000 will be imposed and collected by way of the drivers account

(c) 3rd Offence- Third written warning and a fine of $5000 will be imposed and collected by way of the drivers account

Collective Agreement ((Companyraquo Page 13

(d) 41h Offence- A final written warning and fine of $7500 will be imposed

and collected by way of the drivers account

(e) 5th Offence- Dismissal

Monies collected shall be used to appease dissatisfied customers and to advertise the DJs business

1221 Locals I Freebies

1222

1223

1224

a) b) (c)

These are calls that are dispatched to the first car booked in a Zone (Stand) and the driver accepting said call has a maximum of thirty 30) minutes to complete the call and rebook on the same stand the call was dispatched from in order to be placed in the first available position in the priority queue

Locals shall include calls originating from the following locations

Major shopping centres Groceries A list consisting of a maximum of five 5) addresses

When being dispatched on the Computerized Dispatch System Fare Waiting shall mask all calls or trips for the duration of this Agreement

No calls trips or parcels shall be dispatched on voice except where provided in this Agreement

In recognition of the fact that the Company operates a multi-fleet dispatch operation the Company and the Union agree that the staffing levels of the dispatch operation to service the DJs fleet shall always be no less than one (1) call taker and no more than middotfive 5) call takers One (1) call taker shall always have priority to respond to DJs calls with the balance of the call takers having secondary priority on a cascading basis To address any problems arising from dispatch issues the parties agree to establish a Dispatch Committee of equal representation to meet at mutually agreeable time frame upon request of either party within fifteen (15) days of notice being given by either side Issues may include but not restricted to hardware software or manpowerstaffing The Parties agree to address any such issue in an expeditious and fiscally responsible fashion

When the DJs fleet reaches one hundred and thirty (130) taxi cabs the Company shall add a second call taker having priority to respond to DJs calls but only during peak periods When the DJs fleet reaches one

Collective Agreement laquoCompanyraquo Page 14

hundred and sixty (160) the Company shall increase the number of call takers to two (2) having priority to respond to DJs calls at all times

1225 A list of persons and addresses owing money to drivers for fares not paid shall be compiled by the Company and kept in the dispatch office at all times No requests for taxicabs or specialty services excluding school and contract runs shall be dispatched to these persons andor addresses until the monies owing are paid

1226 Dispatchers phone staff and supervisors shall not remove falsify alter any request for taxicab service placed with DJs taxi dispatch service

1227 The Company shall ensure that dispatchers phone staff or supervisors shall not accept money or other forms of favour or inducements from any person where the objective of such payment is the granting of preferential treatment to any individual in respect of dispatch services

1228 When a call back is received after the lead time of the call in question the dispatch supervisor will send two 2) voice messages at least one (1) minute apart for the driver to come to voice If the driver fails to respond the call will be re-entered as a local call and if said driver is booked into the system heshe will be suspended until there is a response Drivers failing to go on or being late on their calls will be further disciplined in accordance with progressive discipline

1229 The Company shall discipline any driver who assigns a dispatched fare to another driver

1230 (a) The discipline or discharge of a driver who has completed hisher probationary period shall be grievable in accordance with Article 24 of this Agreement The Company agrees that it shall apply the principle of progressive discipline However the Company reserves the right not to apply the principle of progressive discipline for certain offences based on their severity

(b) The Company shall discipline any driver as follows for the specific offences listed below

i) Assigns or redirects a dispatched fare to another driver operating under the OJS roof sign as follows

a) 1st offence- 1 shift b) 2nd offence- 2 shifts c) 3rd offence - 3 shifts

Collective Agreement laquoCompanyraquo Page 15

(ii) Cancels a fare already inputted into the Ziptrack Dispatch System as follows

(a) 1st offence- 1 shift (b) 2nd offence - 2 shifts (c) 3rd offence- 3 shifts

(iii) Telephones the Ziptrack Dispatch System with an illegitimate call as follows

(a)

(b)

(c)

1st offence - 2 shifts and $2500 to the affected driver pajable by the offending driver 2n offence - 4 shifts and $2500 to the affected driver payable by the offending driver 3rd offence - termination of employment

(iv) Assigns or redirects a dispatched fare to another driver operating under another roof sign as follows

(a) 1st offence- termination of employment

For purposes of this provision one (1) shift is a period of twelve (12) consecutive hours for a twelve (12) hour driver and twenty-four (24) consecutive hours for a twenty-four (24) hour driver

1231 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical break down emergency or any other reason(s) not herein listed the dispatcher shall re-dispatch the fare and suspend the driver for one (1) hour

1232 Definitions

Accessible call means a valid request for an accessible taxicab by a person with a wheel chair or is otherwise defined by any statute or regulation thereof

Accessible Driver means a driver who is qualified to drive an accessible taxicab under the applicable By-laws of the City of Ottawa

Accessible Plate means a licence for an accessible taxicab that is issued to a person who has qualified to hold an accessible licence under the applicable By-laws of the City of Ottawa

Collective Agreement laquoCompanyraquo Page 16

middotAccessible Taxicab is a taxicab which is designed to accommodate one or more individuals who require the use of a wheelchair without the need to transfer the individual from the wheelchair which vehicles are otherwise subject to federal and provincial legislation applicable to the transport of Physically Challenged Persons and in respect of which an accessible plate has been issued

Attribute means in respect of a vehicle the association with that taxicab in the Ziptrack dispatch software system of a special feature (or restriction) for that vehicle required for specific types of fares

Call means a request for taxi service received by Ziptrack by a telephone call to the DJs Taxi number 829-9900

Cover or Covered as applicable to a fare means there-dispatch of a previously accepted fare at the request of the accepting driver for valid reason (mechanical breakdown accident or other emergency) in accordance with normal dispatch procedures

Taxi Stand means a space on private property for taxicabs operating under the DJs Taxi roof sign specified under an agreement between Coventry Connections Inc or Ziptrack Inc or a space specifically designated as a taxi stand from time to time on a public street or other public space by the City of Ottawa

Accessible Vehicle Dispatch

(a) It is agreed that calls placed through the dispatch system for an accessible taxicab shall be dispatched only to accessible taxis defined by the dispatch system as an Attribute Where there are no accessible taxicabs booked into the dispatch system and available to accept a call such call shall be displayed as being available on the fare broadcast screen

(b) An accessible taxicab may be dispatched as a standard sedan taxicab at anytime that it is not dispatched on an accessible fare An accessible taxicab shall not be given priority for any type of fare other than an accessible fare An accessible taxicab shall be booked off all zones when any fare is accepted or rejected

(c) The driver of an accessible taxicab is not authorized to reject an accessible fare if he is booked on the dispatch system or is in a queue at a taxi stand or company concession Failure to accept an accessible fare shall be deemed a rejection of an accessible fare and shall be subject to discipline

Collective Agreement ccCompany Page 17

1301

1302

1303

1304

(d) In the event that a driver of an accessible taxicab who has accepted an accessible fare requests to be covered and where such request is granted the driver shall be booked off the dispatch system for a minimum of one (1) hour or until the fare is covered

(e) The driver of an accessible taxicab that rejects or is deemed to have rejected an accessible fare under paragraph (c) above shall be booked off the dispatch system until one ( 1) hour after the accessible fare has been accepted and or service (the record of which not withstanding sub-Article 908 of the Collective Agreement shall be kept for five (5) years

(f) All accessible calls shall be masked by ACCESSIBLE FARE WAITING

(a)

(b)

(c)

(d)

(e)

ARTICLE 13 EMPLOYEES DUTIES

All employees shall perform their duties in a business like professional and courteous manner and shall not use abusive language on the air to customers or to Owners Group Staff

All employees shall be neatly dressed well groomed neat and clean in personal appearance

All employees shall give a receipt on the authorized form of the Owners Group showing the date car number and drivers name when requested to do so by the passenger or whenever there is a dispute over the fare

Subject to the above and except when he has a previous engagement ttle employee shall serve the first person requiring the service of his taxicab except when the prospective passenger

Is disorderly or abusive or poses a health or safety risk In cases of disputes involving intoxication andor health and safety risk and while the well being of the driver is of paramount importance extreme caution and sound discretion must be exercised prior to any refusal At all times the nature of the business that being a service Industry must be borne in mind so each and every situation must be measured on its own merit by the driver

Is in possession of an animal other than a Guide Animal or

Refuses to state his final destination upon entering the taxicab or

Has not paid a previous fare or

Refuses to pay in advance for flat rate out of town trip(s) or

Collective Agreement laquoCompanyraquo Page 18

(f)

1305

1306

1307

1308

1309

(a)

(b)

(c)

Has called two (2) cab companies for the same fare

In the event a driver discovers a lost object in the taxicab he shall immediately advise the dispatch supervisor of his findings with a description of the object an approximate idea of who might have left said object along with the pick-up and drop-off addresses of the customer if possible

Within twenty-four (24) hours of an objects discovery the driver shall take said object to the nearest Ottawa police station or to the Ziptrack Inc dispatch office at no cost or when directed to do so within the above mentioned twenty four (24) hours A receipt for said object will be issued if requested

Subject to Article 1305 should the customer wish the immediate return of the lost object the dispatcher shall notify the customer of the approximate metered cost of return from the location of the driver at that time and the employee shall return the object immediately to the customer at the standard metered rate

No employee shall be forced to violate a Municipal Provincial or Federal Law or regulation in the performance of ~1is duties

The Company shall provide the drivers with a list of all current flat rates Upon any changes to said list a new list shall be issued within thirty (30) days following such changes

No person(s) who will be driving under the DJs roof sign except for rehires who have been absent for less than three (3) years shall be hired or permitted to commence employment until

Heshe has successfully passed the test which the Company shall devise and administer with regard to the operation and knowledge of the taxi related Industry Said test shall include but not be limited to the knowledge of the Ottawa-Carleton area but with an emphasis on the areas directly affected by this collective agreement

Orientation by the Operations Manager or his designee on the DJs Taxi charge system

Heshe has been given a six (6) hour in-car training session This session will comprise of accompanying the prospective employee for a period of six (6) hours to learn the stands customer relations specific to DJs Taxi two-way radio booking practices and a general familiarization with the DJs environment The cost associated with this in-car training session shall be

Collective Agreement ccCompanyraquo Page 19

$10000 and said cost shall be borne by the prospective employee Failure to pass any portion of this test shall result in a fourteen (14) day waiting period before the applicant will be allowed to re-do the portion(s) of this sub-article which heshe has failed The cost associated with re-doing a) or c) will be $5000 while re-doing both would be $10000

During this waiting period the applicant will not be allowed to operate under the DJs roof sign No person operating a taxicab under the DJs roof sign will be assigned any duties associated with this sub-article

Tests are given on the first and third Mondays of each month on a first come-middotfirst serve basis by appointment Failure to attend for a scheduled date and or time will result in the forfeiture of the appointment and a new date will be booked on a first available basis only

ARTICLE 14 TECHNOLOGICAL CHANGE

1401 Technological Change means but is not limited to the introduction of changes to the present systems the introduction by the Company of additional radio channels computerized dispatching systems or any other mechanical electrical or other system including but not limited to fuel systems at no cost to the drivers

1402 In the event of any technological change the Company shall notify the Union in writing at least ninety (90) days before the introduction of such changes unless prior discussions with the Union have occurred

1501

1502

1)

2)

3)

ARTICLE 15 SENIORITY

Seniority shall be applied in determining layoffs preference for time off and recall from lay off as set out in other provisions of this agreement

Prior to being offered employment an individual shall be required to present to the Member of the Owners Group and the Company all relevant documentation namely

Valid Ontario or Quebec Provincial drivers license with a current provincial driving record with no more than six (6) demerit points at such time and if applicable has been pardoned for any prior conviction for impaired driving

Applicable Taxi Drivers License

Original copy of a Motor vehicle drivers abstract no older than twentyshyeight (28) days

Collective Agreement laquoCompanyraquo Page 20

4) Letter from previous or present insurer (where possible)

5) Work permit if applicable

6) Proof of Union membership

7) Social Insurance Numbercard or verification from appropriate federal government department of such number

8) A clear Police Criminal Record check no older than twenty-eight (28) days

9) Training as set forth in 1309

The above requirements do not apply to a driver who changes status or moves between Members of the Owners Group or Single Plate Owner or Single Plate Lessee provided the driver does not go more than thirty (30) calendar days without being registered on a taxicab except by reason of a proven medical illness Requirement 9 above does not apply to a driver who had previously driven under the DJs Taxi roof sign within the previous twelve (12) months Nevertheless each driver is required to register such changes with the Company To facilitate the drivers ability to register such changes the Company office shall be open from 830 am to 200pm daily except Saturday Sunday and Statutory Holidays

1503 The Owners Group shall recall laid off employees in the reverse order of lay-off

1504 A driver injured or ill should notify the Company and the Union within two (2) weeks of his absence and should arrange to provide a detailed mediqal certificate as evidence of injury or illness and an estimated time of return signed by a doctor in order to preserve his seniority Only an employee returning from an absence of eighteen (18) months or less due to injury or illness shall be returned to his previous vehicle provided that said vehicle is still working as a taxicab if it is not he shall be returned to another vehicle on the same shift he had prior to his injury or illness

A driver replacing another driver who is on sick leave shall be notified of his status by the Owners Group and the Owners Group shall notify the Union of all details

An employee returning within 30 days from an absence due to injury or illness shall be returned to his previous vehicle provided said vehicle is still working as a taxicab and if it is not heshe shall be returned to another vehicle

Collective Agreement laquoCompanyraquo Page 21

1505

(a)

(b)

(c)

(d)

An employee returning to work after thirty (30) days but less than eighteen (18) months from the commencement of hisher injury or illness shall be returned to work displacing the most junior driver driving with the individual member of the Owners Group

Clarity Note (i) A twelve (12) hour driver returning from illnessinjury shall be returned to a twelve (12) hour shift car by replacing the most junior driver driving Should the most junior driver be driving a twenty-four (24) hour car heshe would then be offered the shift remaining after the returning driver has chosen

Clarity Note (ii) A twenty four (24) hour driver returning from illnessinjury would replace the most junior driver and assume hisher shift

Clarity Note (iii) Returning employees shall be given the first available car corresponding to their previous shift

An employee shall lose seniority and as such will cease to be an employee upon

Voluntarily quitting or resigning

Being discharged for just cause and not having been reinstated through the grievance or arbitration procedure

Failing to rent an available vehicle when duly notified of same while on layshyoff except or for certified medical reasons

Being laid off being without a valid work permit or being without a valid Provincial drivers license or appropriate Municipal taxi drivers license for a length of time equal to that employees seniority or twelve (12) months whichever is less

ARTICLE 16 COMMITIEES

1601 A UnionManagement committee shall be appointed consisting of up to three (3) representatives from the Union and up to three (3) representatives from the Company This committee shall meet every six (6) months for the purpose of discussing matters of mutual concern

1602 A safety committee consisting of at least two (2) representatives of the Union and two (2) representatives of the Owners Group shall meet at a mutually agreeable time frame upon the request of either party within thirty (30) days for the purpose of discussing matters of mutual concern Minutes will be kept of each meeting

Collective Agreement laquoCompany Page22

1603 A rules committee consisting of up to three (3) representatives of the union and of up to three (3) representatives of the owners group shall meet at a mutually agreeable time frame upon the request of either party within thirty (30) days for the purpose of negotiating changes to existing rules and for discussing any new rules prior to their implementation

1604 To address advertising the parties agree to establish an Advertising Committee of equal representation to meet at mutually agreeable times upon request of either party within fifteen (15) days of notice being given by either side The Committee shall be responsible for a budget of $2625000 over the term of this collective agreement which sum shall be spent to advertise and promote the DJs business

The parties must agree when and how the advertising will be allocated However the parties agree that advertising would include

bull Flyers bull Newspaper Ads bull Promotional Items (eg fridge magnets) bull Radio

ARTICLE 17 SAFETY AND HEALTH

1701 It is understood and agreed that driver safety is important to the individual employee and to the industry as a whole The Owners Group and employees agree to exercise their rights and to fulfil their obligations in accordance with this understanding The Owners Group will continue to encourage and welcome safety recommendations for the safety and health of drivers during their working hours

1702 The employer shall supply only safe and roadworthy vehicles and the equipment contained therein and the vehicles themselves shall be maintained in good working order Each rental vehicle shall meet the mechanical fitness standards as defined in Provincial legislation

1703 The Company agrees to pay the premiums to an insurer chosen by the Company to provide term life insurance coverage in the amount of ten thousand dollars ($1000000) for all employees provided that the affected employee has a minimum of one (1) year seniority under the DJs Taxi roof sign and is actively working on the day he attains this one ( 1) year seniority

All claims and payments shall be in accordance with the terms of the master policy of the insurer and the Company shall not be liable for any

Collective Agreement laquoCompanyraquo Page 23 middot

bull

non payment by the Insurer This insurance coverage will not be provided to any driver who is 65 years or older at any time during this agreement

The Company shall aid in collecting monies by allowing a cash donation box to be set up at their office for driver(s) involved in serious accidents The Company shall not be responsible for said box

1704 The Company shall supply a safety shield for the company owned rental vehicle when requested by that driver

All rental drivers who request a shield must continue to operate on a vehicle that is equipped with a safety shield so long as said driver is operating under the DJs roof sign provided one (1) is available Company rental drivers working with a shield shall have the option of refusing to operate any spare rental vehicle not equipped with a safety shield However once a driver accepts a spare rental vehicle not equipped with a shield he will be deemed to have given up his right to exercise this option on the same shift

ARTICLE 18 WORK WEEK

1801 The Owners Group agrees that the employees shall determine their work week subject to the provisions of this agreement

1802 The Owners Group agrees that the work week shall be based on seven (7) days

1803 Rental drivers shall pay their weekly rental over six (6) days and have the use of the vehicle for seven (7) days

1804 Stand rents for car owners shall be calculated weekly paid monthly or weekly at the discretion of the employee but limited to one change in the payment structure per calendar year Any reduction is to be calculated on a weekly basis and there shall be no reduction given for anything less than seven (7) consecutive days off except where provided in this agreement

1805 Shifts shall be mutually agreed upon by the partners on the vehicle and in case of dispute shifts shall commence at 400am and 400pm The change-over location shall be mutually agreed to by the partners on the vehicle and in case of dispute change over shall be at the Companys office

ARTICLE 19 STATUTORY HOLIDAYS

Collective Agreement laquoCompanyraquo Page 24

1901 (a)

(b)

All rental drivers (12 amp 24 hours) of the Owners Group shall be entitled to the following days off provided that they have worked more than three (3) consecutive months under the Companys roof sign

All single plate owners (SPO) and single plate lessees (SPL) shall be entitled to the following days off provided that they have completed three (3) months of service under the Companys roof sign and they shall not be charged plate rent or stand rent for said statutory holidays

Employees meeting the criteria outlined in (a) and (b) above shall be given credit for said days whether they choose to work or not Credits for statutory holidays shall be given at the time that payment is made for the period covering the day of the holiday

New Years Day Family Day Good Friday

Victoria Day Canada Day Labour Day

ARTICLE 20 TIME OFF

Thanksgiving Day Christmas Day Boxing Day

2001 All rental drivers (12 amp 24 hours) shall be entitled to four (4) weeks annual time-off

All single plate lessees (SPL) shall be entitled to five (5) weeks annual time-off for which they shall not be charged stand rent for time-off taken During said time-off heshe shall not be charged plate rent for the first four (4) weeks

All single plate owners (SPO) shall be entitled to seven (7) weeks annual time-off During this period they shall not be charged stand rent

SPOs and SPLs outlined above will be granted their requested time-off entitlement provided they have no balance owing and provided that a minimum of one (1) week written notice is given to the individual Member of the Owners Group (MOG) and the Company and provided further that said drivers have a minimum of one (1) completed year of uninterrupted service under the Companys roof sign

In cases of accidents and major breakdowns involving SPO and SPL no notice period will be required for time-off and credits for such time-off will be based on daily increments

Where a SPOor a SPL has used all hisher allotted time off and said SPO or SPL has an accident or major breakdown heshe will be given up to a maximum of ten (1 0) additional days of time off and during said time

Collective Agreement laquoCompanygtbull Page 25

heshe shall not be charged any stand rent subject to proof of inoperability of the vehicle being provided

In the case of SPOs and SPLs extended time-off will be allowed for overseas trips All rents must be paid in advance to cover the time off for the extension

Explanation Car owners time off is only when the car is off the road If the SPO or SPL puts a driver on the car it is not considered part of this time off

2002 Single plate owners and single plate lessees will be responsible for arranging for time off for their drivers

2003 Time off may be taken weekly or bi-weekly at the employees discretion Provided further where the employee has taken a minimum of one (1) week heshe may take additional days) of less than weekly increments) in conjunction with the one 1) week

2004 Time off must be taken during the calendar year and cannot be accumulated over more than one calendar (1 year

2005 The MOG SPL and SPO agree that roof signs taxi plates and all other items (computer equipment will remain with the Company during the employees time-off and in the case of rental drivers the rental vehicle will be returned to the vehicle owner

ARTICLE 21 INSURANCE

21 01 Every car owner has the right to obtain insurance from the broker or Company of their choice without interference from the Owners Group

2102 The Owners Group shall upon written request from an employee who is presently insured by a member of the Owners Group provide written details of claim settlements and accident records

2103 The Company shall provide at no extra cost motor vehicle insurance coverage with collision provision deductible not exceeding $75000 or the cost of repair whichever is less for each at fault accident

21 04 The Company shall provide at no extra cost comprehensive coverage with zero deductible including but not limited to middotfire and theft It is agreed and understood that comprehensive coverage does not cover driver owned equipment

Collective Agreement Page26

21 05 The Company shall provide accident benefit coverage as set out in the OAP 1 of the Ontario Automobile Insurance Act and shall abide by the guidelines and statutory conditions as set out by the Insurance Company with whom the Company is insured

2106 With respect to Articles 2103 2104 and 2106 above which applies to accessible shift vehicles only) the Companys obligation is to provide insurance coverage only Any determination of whether a driver is entitled to insurance benefits andor whether a claim shall be paid or denied in any given situation shall be the sole and exclusive responsibility of the Insurance Company

2107 A driver who is insured through the Company shall provide the Company with a Motor Vehicle Drivers Abstract one month before the annual renewal of the Companys insurance policy A driver shall provide additional Motor Vehicle Drivers Abstracts as requested by the Insurer

21 08 The Companys insurer may judge a driver to be a high risk and may assess a surcharge accordingly A driver who is found tomiddot be a higher risk will bear the cost of any such surcharge

21 09 A driver insured by the Companys insurer who is involved in an accident shall regardless of whether he or she was at fault notify the dispatcher immediately The driver shall indicate whether the accident should be reported to the police and whether the customer or driver require medical attention Following notification of the dispatcher the driver shall remove the roof sign from the vehicle and record to the best of his or her ability all relevant information The driver shall bring the relevant information to the office within 24 hours of the incident excluding weekends and holidays)

2110 Drivers are responsible for the replacement of all lost or stolen antennae andor roof signs

2111 The Company shall pay the full El payments for all rental drivers In the event of an increase in the premiums during the life of this Collective Agreement drivers shall pay the drivers share of the increase

2112 All drivers who are insured through the Company obtained insurance must sign the Companys insurance agreement prior to commencing work The Company shall provide insurance agreements with no more than a $75000 deductible to be paid after the accident The amount shall be paid at the rate of $1000 per shift until fully paid

Collective Agreement ((Companyraquo Page27

ARTICLE 22 TAXI PLATE SALES

2201 1 Members of the Owners Group shall be able to sell plate(s) in the following manner

2202

(a) A notice of its intent to sell plate(s) shall be posted and announced over the dispatch system for a period of three (3) days and shall be offered to the lessees and rental drivers in the bargaining unit

(b) Where there is more than one interested applicant the plate(s) shall be offered based on seniority and plates sold shall be the plate of the most junior lesseedriver

Where the sale will result in the layoff of a driver that driver shall be recalled prior to any new hires by all Members of the Owners Group

2 Where there are no applicants the Member of the Owners Group will sell the last leased plate at their discretion Any driver laid off shall be recalled prior to any new hires by all members of the Owners Group

3 Sale of More Than One Plate at One Time

4

5

The Owners Group has the right to sell to whomever they choose provided that no one is displaced

In the event that the most junior lessee is displaced as a result of the sale of the plate the Company agrees to pay to the displaced lessee no more than fifty-five thousand dollars ($5500000) in the first year of this Agreement and according to the succession plan as outlined in article 23 for the following years of this Agreement This would apply only if the said lessee has complied with the succession plan as per article 23

An individual Member of the Owners Group shall not require any of his drivers to give up their rights under this Agreement and work under another roof sign without the drivers written consent given before a Notary Public for Ontario The Union shall be supplied with copies of the consents

In the case where a Member of the Owners Group is leasing a taxi plate and the Member of the Owners Group has a car under this plate and this vehicle is then rented out on a 12 or 24 hour rental this article then does not apply The Owners Group cannot be held responsible for any damage or compensation that may arise from the actions taken by the 3rd party

Collective Agreement laquoCompanyraquo Page28

2301

2302

2303

1

2

3

4

ARTICLE 23 SUCCESSION AND TAXI PLATE LEASES

Definition

The process by which the lessee of a Company-owned taxi license plate having determined that heshe wishes to retire andor otherwise terminate hisher relationship with the Company and having officially notified in writing both the Union and the Company of hisher intention to do so offers the opportunity to hisher driver to be the lessees successor all in accordance with the conditions sot out in this Article

In order to be eligible to offer a lease for succession the lessee must have been a party to a valid taxi plate Leasing Agreement with the Company for a minimum of one (1) year and have two (2) years of continuous uninterrupted service operating a taxi vehicle under the Companys roof sign The lessee must also be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

In order to qualify as a successor the driver must be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

An offer for succession shall follow the following order

No offer for succession can be made until the day after the final version of the seniority list as outlined in Appendix 2 has been agreed upon and signed-off by the Parties

The lessee must notify the Company and the Union in writing of hisher intention to exercise the option of succession and the projected date of the succession

The taxi plate lease shall be offered to the lessees current driver (if any) who shall have thirty (30) days to reject or accept the succession

If the offer is rejected or thirty (30) days have passed since the offer was made the taxi plate lease shall be offered to the drivers who are not single plate lessees (SPL) or a single plate owner (SPO) on the seniority list who shall have thirty (30) days to reject or accept the succession

Collective Agreement ltltCompanygtgt Page29

5

6

2304

2305

2306

2307

2308

2309

The most senior driver on the seniority list (who is not a single plate lessee-SPL or single plate owner-S PO) who accepts the succession shall be the successful incumbent lessee

In the event that no driver accepts the succession the lessee may ask that his request for succession be held in abeyance until such time as an incumbent lessee is found or may retire andor otherwise terminate hisher relationship with the Company at the time of hisher choosing In the event that the lessee retires andor terminates hisher employment relationship the taxi plate shall be returned to the Company and assigned to the next senior eligible driver as per the Companys past practice

The succession shall be valued at no more and no less than fifty-five thousand dollars ($5500000) except as modified as per sub-Article 2308 The driver (incumbent lessee) shall pay to the lessee the full value of the succession fee within sixty (60) days of the date of acceptance of the offer Once the driver has paid the succession fee the driver becomes a single plate lessee for the purposes of this Collective Agreement and will assume all rights duties responsibilities and obligations of a single plate lessee as set out in this Collective Agreement

The Parties agree that any monies or other considerations paid to a lessee at any time other than the time set out in sub-Article 2304 above shall not be counted towards the succession fee

The amount of $300000 (plus HST if applicable) shall be paid to the Company as a consulting fee by the incumbent lessee no later than the day before the day the incumbent lessee becomes a single plate lessee for the purposes of this Collective Agreement

Any lessee who exercises the succession option voluntarily terminates hisher employment with the Company and loses all seniority A driver who wishes to subsequently be rehired by the Company as a driver shall be placed at the bottom of the seniority list The driver will be eligible to become a lessee two (2) years from the date of hisher rehiring

The amount set out in sub-Article 2304 shall be increased annually on the date of the plate and stand rent increases set out in Article 27 of this Collective Agreement The annual increase shall be the same as the average of the percentage increase in the plate rent and the stand rent for that year

In the event of the death of a lessee and provided the lessee is up to date with all payments to the Company and has no outstanding amounts owing to the Company whatsoever the lessees estate shall have up to six (6) months from the date of death to exercise the option of succession

Collective Agreement laquoCompanybullbull Page 30

2310

2311

(a)

(b)

(c)

2312

Leasing agreements must be entered into provided they do not conflict with the terms of this Agreement

Without limiting the generality of 2310 in any way whatsoever a leasing agreement shall contain the following provisions

The lease shall terminate automatically for failure to fuHill any term of the lease including but not limited to failure by the lessee to fulfill any financial obligation or failure by the lessee to obtain replacement insurance in the event of cancellation of insurance

The lessee shall be the principal driver of the taxi vehicle which is attached to the taxi license plate

This Collective Agreement between the parties shall be the entire agreement and there shall be no other fee condition or other obligation except those set out in the Collective Agreement

All leased plates shall remain as such and shall not be converted to rental vehicles for the duration of this Agreement provided there are persons willing to leased said plates

ARTICLE 24 GRIEVANCE PROCEDURE

2401 A grievance shall include any issue regarding the interpretation administration application or alleged violation of this agreement It is the mutual desire of the parties that complaints of the drivers be adjusted as quickly as possible To that end the parties have adopted the following grievance procedure

STEP 1 A driver may bring his complaint to the Supervisor of the Members of the Owners Group If the driver does bring his complaint to the Supervisor he must do so within twenty (20) days of the incident or of he having knowledge of this incident giving rise to the complaint Where the complaint is brought forward it must be given to the Supervisor and the Supervisor shall reply within two (2) working days

STEP 2 Failing settlement of the complaint at Step 1 or where the driver has chosen not to avail himself of Step 1 the driver must file the grievance in writing within twenty (20) days of the incident or omiddotf he having knowledge of this incident giving rise to the grievance The grievance must be referred to the Member of the Owners Group claimed to be responsible andor any other person designated by the Member of the Owners Group Grievances shall be dealt with at the Step 2 meeting which shall be scheduled on the 3rd Wednesday of every month This monthly Step 2

Collective Agreement ccCompanyraquo Page 31

meeting shall be one meeting held at the Companys office Where the grievance involves the discharge of a driver the parties agree to meet within ten (1 0) working days of the filing of the grievance A representative of the Union shall be present at all step 2 meetings The Member of the Owners Group must respond within three (3) working days of the meeting

2402 Should a group grievance or a Union or policy grievance develop it shall be filed at Step 2 within twenty-five (25) days of the incident giving rise to the grievance or of the drivers or Union having knowledge of this incident

2403 Failing settlement under the above the matter in dispute may be taken to arbitration in accordance with article 26

2404 Drivers employed by single plate owners and single plate lessees may not grieve matters or disputes arising between the driver and the single plate owner or single plate lessee A committee shall be set up and made up of equal numbers of Uniondriver and Company personnel to assist in resolving disputes between the drivers and single plate owner and single plate lessee The committee shall have the power to determine a procedure to be followed as well as to determine fault and penalties

ARTICLE 25 ARBIrRATION

2501 After exhausting the provisions of the grievance procedure either of the parties may submit a grievance to arbitration either expedited or formal in writing within thirty (30) days of the Step 2 reply or if there is no reply within thirty (30) days after the expiration of the time limits to provide a reply

2502 Unless otherwise mutually agreed by the parties all grievances referred to arbitration not relating to an indefinite suspension a discharge or any separation of employment or to the interpretation of the collective agreement group grievances and policy grievances shall be referred to the expedited process

Grievances referred to arbitration in respect of indefinite suspensions discharge or separation of employment for any reason or to the interpretation of the collective agreement and group grievances may only be referred to this expedited process by the mutual agreement of the parties

2503 Within fourteen (14) days after notice has been given that the grievance will proceed to formal arbitration the parties shall meet and agree on a single arbitrator If the parties cannot agree on an arbitrator within this time limit either party may request the Minister of Labour to appoint an

Collective Agreement laquoCompanyraquo Page32

arbitrator and this appointment shall be binding on both parties In respect of the cost of arbitration of formal grievances the parties shall share equally the fee and expenses of the sole arbitrator

2504 The formal arbitrator shall have the right to exercise all the powers provided by the Labour Relations Act as amended from time to time

2505 The Arbitrator must hand down a written decision within sixty (60) days of the date of the hearing

2506 As an alternative to the formal arbitration process set out in the foregoing paragraphs a grievance may be referred to a previously agreed-upon person who shall hear the grievance and who shall at the conclusion of the hearing give a decision immediately Such decisions may not be used to alter modify or amend any part of the collective agreement and are made without precedent or prejudice to similar or like cases Such a decision shall be final and binding upon both parties and no further action may be taken on that grievance by any means whatsoever

2507 To maintain the efficiency of this expedited process the parties shall schedule a minimum of one (1) day of arbitration every three- (3) months except in those circumstances where either party deems it necessary to schedule the arbitrator more frequently

2508 The parties shall share equally the fee and expenses of the persons selected to hear the expedited arbitration cases

2509 At all expedited arbitration hearings the Company or Member of the Owners Group shall be represented by a member of their management and the Union shall be represented by a Union staff representative or an officersteward of the Local Union

2510 The Union shall forward to the representative of the Member of the Owners Group a list of the expedited grievances to be heard on the day or days scheduled for the hearing of grievances according to the expedited arbitration procedure The aforementioned list shall be forwarded to the representative of the Member of the Owners Group no later than ten (10) working days in advance of the hearing unless otherwise mutually agreed

2511 By exception a party may call one (1) witness at an expedited arbitration

2512 Prior to proceeding to formal or expedited arbitration and at least thirty (30) days prior to the date of arbitration the parties may upon mutually agreement request that any grievance be referred to a mediator to act as a grievance mediation officer for the purpose of attempting to

Collective Agreement laquoCompanyraquo Page33

mediate a settlement of the grievance The parties shall share equally the fee and expenses of this officer

ARTICLE 26 TAXI PACKAGE

2601 The employer shall provide to the rental driver at no extra cost motor vehicle insurance with a collision provision deductible not exceeding $50000 for each accident at fault

The Owners Group shall also provide to the rental driver at no extra cost comprehensive coverage with zero (0) deductible including but not limited to fire and theft It is agreed and understood that comprehensive coverage does not cover driver added equipment

2602 Each rental driver shall be supplied for a daily twelve (12) or twenty-four (24) hour period at no extra cost a roadworthy safe sedan four (4) door taxicab with proper weather resistant tires for all seasons and with a seating capacity for not less than four (4) passengers containing

2701

2702

2703

1 A roof sign 2 A sealed taxi meter 3 A two-way radio 4 A full size spare tire subject to space limitations 5 A tire tool 6 A jack 7 A mike clip 8 A full tank of gas at start date 9 Air conditioning on replacement vehicle where possible 10 An electric rear window defroster or blower

Any equipment owned by the Owners Group that becomes inoperative shall be repaired as soon as possible

ARTICLE 27 RENTAL CHARGES AND TERMS OF AGREEMENT

This agreement shall take effect upon ratification and be binding on both parties for three (3) years and shall continue for annual periods of one year each unless either party gives at least one hundred and twenty (120) days notice that it wishes to amend this agreement

It is agreed and understood that this agreement will remain in full force and effect until amended by negotiations

Rates shall be as follows

Collective Agreement laquoCompanyn Page 34

712011 712012 712013

Stand Rent (monthly) $43900 $45000 $45900

Plate Rent (monthly) $71926 $75000 $75960

Daily Car Rental 24 hr Regular Plated $9700 $9700 $9700

24 hr Accessible Plated $10500 $10500 $10500 12 hr Regular Plated $6700 $ 6700 $6700

12 hr Accessible Plated middot $8300 $8300 $8300

Credit Card Transaction 50 50 50

Debit Card (per) Transaction $065 $065 $065 (To the Driver)

POS Rental Fee (monthly) $800 $800 $800

POS Insurance (monthly) $300 $300 $300

Note The above rates do not include HST

Note For purposes of car rental rates the weekly rents shall be six (6) times the daily rent

Note It is recommended that drivers use Company supplied POS machines and systems

2704 Employees shall pay all monies owed to the Company in the following manner Monthly By the 5th business day of the month

2705 Any employee failing to pay monies by the above dates and times shall be suspended and not reinstated until the monies are paid in full and credited to their account

2706 Employees shall be entitled to pay their rents to the company by company approved charges cash and cheque - provided the employee has at least one (1) year of seniority

Employee(s) who have one (1) cheque returned NSF shall be suspended immediately upon the company receiving notification from the

Collective Agreement ((Company Page35

bank shall lose such privilege for twelve (12) months and shall be charged the appropriate charges

ARriCLE 28 GENERAL

2801 The Company and drivers shall maintain its internal company charge system and accept major credit cards which currently include Visa Mastercard American Express and Diners Cluben Route as approved by the Company

2802

2803

2804

2805

2806

2807

This system shall continue for the duration of this Agreement so long as external factors outside the Companys control do not prevent the Company from doing so Drivers shall be entitled to cash their charges provided they do not have any outstanding balances at the offices of the Company during the hours of 0830am to 400pm Monday to Friday except holidays The Company shall make available to the employees during normal business office hours receipt cards and credit card slips All credit card charges must be authorized

Drivers shall pay a fee of five (5) of all credit card charges that they redeem

Except as otherwise provided in this agreement all passengers shall be treated in a polite professional courteous and businesslike manner at all times by both the Owners Group and the employees

If requested a properly signed receipt shall be furnished by the owner for all payments made by the driver (If requested said receipt shall show a breakdown of all payments made by the driver and the dates for which they apply) For the purposes of this clause a numbered computer receipt shall be deemed to be signed

The employees who own their own vehicles whether or not they own their own license shall have absolute choice as to where their vehicle is to be repaired andor maintained

No employee either full-time or part-time shall abuse or mistreat any vehicle or equipment (ie roof sign radios meters and aerials)

The Owners Group agrees to work with the Union to lobby the City of Ottawa to allocate stands where necessary and appropriate

The Company agrees to provide the Union with the rules covering the stands controlled by concession agreements

Collective Agreement ccCompanyraquo Page 36

bull

2808 Subject to the provision of adequate insurance coverage all car owners shall be free to place a second driver or a third driver on their vehicles should they require without interference from the Company

2809

2810

2811

2812

2813

2814

In the event the Company refuses an individual employment as a second driver or as a third driver the Company agrees that such refusal may be the subject of a grievance and the onus of proof shall rest with the Company to show just cause for such refusal

The parties agree that no vehicle will have more than three (3) drivers at any one (1) time

The Company shall take reasonable steps to maintain all current concession agreements for the duration of this agreement The Company shall take all reasonable steps to obtain additional concession agreements

The Company shall have a phone line separate from the dispatch office so that drivers business people friends of the office staff may call through middot without having to tie up the dispatchers time The separate phone line may be used by the dispatch office during non-business hours

Time-off without rental fees or loss of seniority will be given to those members of the bargaining unit who are called for jury duty Rental driver(s) must park their rental vehicle(s) at the Companys premises should the jury duty go beyond three (3) days

The Company shall maintain a drivers waiting area As well the Company shall allow the drivers to use the telephone in the office for local calls only pursuant to the current past practice

In the event of an assessment to the CompanyOwners Group by WSIB in relation to the provision of WSIB benefits for the Bargaining unit personnel the CompanyOwners group and the Union agree to renegotiate in good faith the rates set out in Article 2703 Where the parties fail to reach agreement on the issue the matter shall be referred to an arbitrator for full and final settlement

When a customer complaint is received by the dispatcher the latter will advise the customer that an authorized representative of the Company will handle the complaint in an expeditious manner Upon request by the Union the Company shall provide a copy of the computer printout and all other relevant information including but not limited to any taped conversation related to the complaint being investigated The privacy of the customer is paramount and will at all times be respected

Collective Agreement ccCompanybullbull Page 37

2901 (a)

(b)

ARriCLE 29 BEREAVEMENT LEAVE

The Members of the Owners Group agree to grant affected employee(s) the necessary time off of up to four (4) days without fees at the time of death of the following relative(s) of said employee(s) father mother spouse (includes common-law) child brother sister mother andor fathershyin-law

The Members of the Owners Group further agree to grant to affected employees two (2) days without fees at the time of death of the following relatives of the employee sister andor brother-in-law and grandparent

ARTICLE 30 SOCIAL JUSTICE FUND

3001 The Company shall pay to the Union an amount of eight hundred ($80000) dollars per collective agreement year with such amounts being made payable to the CAW Social Justice Fund Inc Said amounts shall be paid by separate cheque by the last day of February in each year of this collective agreement A tax receipt shall be supplied to the Company on receipt of said amount

ARTICLE 31 SAFETY BANQUET

3101 The Company agrees to contribute seven hundred and fifty dollars ($75000) to the Unions annual Safety Banquet in each year of the Collective Agreement

SIGNED THIS DAY OF APRIL 15 2012

FORTH~

~~

Collective Agreement laquoCompanyraquo Page38

Collective Agreement laquoCompanyraquo Page39

SCHEDULE 11 A 11 LIST OF THE OWNERS GROUP

Coventry Connections Inc

Collective Agreement ccCompanyraquo Page40

SCHEDULE nan EXISTING CUSTOMS RIGHTS AND PRIVILEGES

1 There shall be no charge for the receipt cards

2 There shall be no charge for credit card vouchers subject to suppliers (third party) availability and conditions Should the Company pursue a course of action leading to Point of Sale terminals which usage will include Debit transactions Decremental Cards and Credit Cards there would be a charge for paper usage

3 The drivers shall choose their own working hours during their shift

4 Reasonable accommodation shall be given to payment of outstanding debts for accident(s) The following minimum payments are required

A) Up to $1 00000 - $ 1 000 per day

B) Over $100000- $2000 per day

Agreed to on the understanding that this does not apply to spare cars

Collective Agreement laquoCompanyraquo Page 41

SCHEDULE C RULES AND REGULATIONS

1 The following articles of clothing are not acceptable forms of attire at OJS

(a) Sweat pants and shorts except for dress shorts Dress shorts will be allowed from April to Labour Day Drivers caught wearing inappropriate shorts will be given one (1) warning and any future occurrence with regards to inappropriate shorts will cause them to lose the right to wear dress shorts for the duration of that season Shorts can be no shorter than three (3) inches above the knees

(b) T-shirts (except Union decaled T-shirt) without lapels tank tops and muscle s1middot1irts

NB Clothing andor other attire with obscenities profanities or sexually degrading remarks are not acceptable Hair must be clean and neat Faces must be clean-shaven or beards neatly trimmed Clothing must be tear and rip free with no visible patches and is to be cleaned and ironed as required Socks must be worn at all times with all types of footwear except for sandals

2 Drivers must be courteous and pleasant at all times and must conduct themselves in a professional business-like manner

3 There is to be no abusive foul language or gestures directed at customers or the general public

4 Consumption of alcohol or drugs will not be tolerated prior to the commencement of a shift andor while driving

5 There wiil be no arguing and fighting among drivers or other DJs personnel under any circumstances

6 No playing of cards or any other games of chance is allowed at any time when working This includes any form of gambling or betting on the air

7 Profanity or abusive language on the air or in your vehicle is prohibited at all times

8 Use of cell phone during the conveyance of a customer(s) is prohibited

9 Each taxicab and driver shall carry at all times a current street guide Drivers are to make proper use of this guide to avoid unnecessary air time

Collective Agreement ccCompanyraquo Page42

10 Deliveries are to be taken directly to the destination Running other fares while occupied on deliveries will not be permitted unless approved by the dispatcher

11 No messages between drivers are permitted Drivers will receive messages to call home spouse office union office partner or garage

In addition When an authorized Union rep asks the dispatcher to have a member of the bargaining unit call them for union business only this will be allowed and if necessary a phone number will be given

12 Picking up a fare while on the way to an accepted dispatch call will not be permitted

13 Drivers must allow 5 minutes wait at the customers pick-up address

14 Drivers shall take reasonable steps to ensure that they pickup only those fares that they are dispatched to Drivers must check with dispatcher for authorization before taking another fare from same address

15 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical breakdown emergency or any other reason(s) not herein listed the dispatcher shall reshydispatch the fare and suspend the driver for one (1) hour

16 Interference or jamming of the radio is a Federal offence and will not be tolerated

17 When necessary drivers must assist customers with handling of baggage and opening and closing of doors

18 No complaining to customers about short fares or time calls A list of regular short fares will be established and such fares shall be dispatched as Locals

19 At customers request music radio and other sound systems except for the twoshyway radio must be turned off

20 Driver must issue a receipt card upon request by customer Drivers signature must be clearly marked in the appropriate place on the receipt card There is no charge for the issuance of a receipt card

21 No new driver is to commence work until he has been briefed by OJS staff in the operating of our charge account system

22 Some of the guidelines in the operation of our charge account system are as follows

Collective Agreement laquoCompanyraquo Page43

(a) All charges are to be signed with car number (eg-DJ70) and date clearly written

(b) If the fare goes to more than one destination these other destinations are to be clearly marked on the reverse side of the chit

(c) Taxi chits to be signed by the customer and dollar value to be clearly marked

(d) Gift certificates which currently have a maximum value of $500 each are to be accepted at face value and change given as required

(e) Drivers must note on back of chit the drop offpick up address if it is different from address shown on face of chit

Drivers are prohibited from buying other drivers charges whether they be DJS drivers or other cab Companys charges Violation of this rule shall result in the following fines

1st offence -2d offence bull 3rd and subsequent offences-

$5000 per chit $10000 per chit $20000 per chit

plus the face value of each chitCredit Card in all cases

The parties agree that the above penalties are specific penalties within the meaning of the Ontario Labour Relations Act An Arbitrator shall not have the power to alter or modify any penalty imposed under this clause

(f) Drivers must accept all major credit cards approved by OJS Taxi

(g) Drivers are responsible for ensuring that all necessary information is clearly marked on charge vouchers as follows

bull Customers name and signature bull Card number (correct number of digits) bull Expiry date bull Drivers signature and car number (eg-DJ70) bull Ensure proper copies of charges are submitted to the Company for

processing bull No hand written major credit card sales drafts will be accepted

23 All cars are to be cleaned inside and out by 1000 am every day with due regard given to road and weather conditions

Collective Agreement Page44

24 All drivers must ensure that they have change for $2000 at all times and will not be removed from the sheet while getting change provided they are not called

25 No taxicab driver shall charge a passenger for

(a) The cost of proceeding to an establishment for change or

(b) Waiting time while a passenger obtains the change provided the bill presented for payment is of $2000 denomination or less

26 No vehicle to be left unattended with keys in the ignition

27 No person(s) unless authorized by the Company shall accompany the driver in the vehicle while heshe is occupied with a paying fare

28 Taxis must not be left unattended on a OJS taxi concession stand for more than ten (1 0) minutes

29 Only au~horized drivers with valid licenses can operate a taxi-licensed vehicle

30 Roof sign must be removed from vehicle when not on duty or involved in an accident

31 ALL DRIVERS ARE ADVISED THAT IT IS AGAINST THE LAW AND OJS TAXI COMPANY LIMITED POLICY TO REFUSE DOG GUIDES IN THEIR CABS REFUSAL WILL RESULT IN FINES AND DISCIPLINARY ACTION BY THE COMPANY

1st offence - 1 week suspension 2nd offence - 2 weeks suspension

3rd offence - Dismissal No longer working under the OJS roof sign

Accommodating Persons with Disabilities

The Management of OJS Taxi wishes to advise all its employees drivers and others operating under the OJS Taxi roof sign of the OJS Taxi policy with respect to blind passengers whether or not they use dog guides

Under the Blind Persons Rights Act of Ontario no person may either deny any person services customarily available to the public or discriminate against any person with respect to services available to the public for the reason that they are a blind person accompanied by a dog guide

Under the Ontario Human Rights Code every person has a right to equal treatment with respect to the supply of services which includes taxi services

Collective Agreement laquoCompanyraquo Page45

bull

without discrimination because of among other things a disability A disability includes any physical impairment such as being blind visually impaired deaf or hard of hearing

Guide Dogs and Taxi Services Many disabled persons are physically dependent on guide animals in their daily activities Canadians who are blind or visually impaired deaf or hard of hearing or who have other types of disabilities such as epilepsy are dependent on guide animals

Accommodation of these individuals necessitates that they be permitted to take their guide animals with them into taxi cabs Refusing to allow them to do so will infringe on their human rights and is against the Blind Persons Rights Act of Ontario and the Ontario Human Rights Code

This notice will simply repeat what should be apparent to you all that if a blind person with or without a dog guide is refused services by any OJS Taxi driver such actions will result in fines to the driver and other disciplinary action including the possibility of suspension by the Management of DJs Taxi Co Ltd

For more information regarding guide animals please review the attached pamphlet and information sheet published by Dog Guides Canada

Any inquiries concerning this policy should be directed to any member of the Management who will if it is required explain the policy to you

32 Drivers are not allowed in the dispatch office

33 All parking tickets will be paid by the rental driver responsible

34 In order to boost with Company owned taxicabs employees must request an obtain instruction from the garage manager or his designee on the proper method of boosting in order to reduce any risk of injury to the driver passenger and damage to the vehicle(s)

In the event of misuse employees at their discretion may be either disciplined in accordance with the principle of progressive discipline or have the option of reimbursing the Company for the cost of damaged parts

35 Any driver operating a taxi while his drivers license or taxi license is under suspension will be disciplined unless the driver can obtain written proof from the Ontario Ministry of Transport andor the appropriate taxi licensing authority that the driver did not receive evidence that hisher license was suspended or cancelled

36 When necessary or requested all elderly andor disabled customers are to be assisted in and out of taxicab at all times

Collective Agreement laquoCompanyraquo Page 46

37 No stealing fares

38 Drivers are not allowed to book no loads and run the fare

39 Drivers cannot refuse dispatched fares subject to article 1304 andor where the driver believes his safety or health is at risk

40 Failure to come to voice after two (2) requests by the Dispatch Supervisor will result in the Driver being suspended in the computer

41 Dispatch staff will not make phone calls for drivers unless it is an emergency situation

42 There shall be no personalization of any fares or trips placed through the Dispatch System of OJS Taxi except for returns east of but not including the Civic Hospital within the same twenty-four (24) hour period Where a return-call has been prearranged through the Dispatch System prior to the initial call being dispatched then the return-call cannot be personalized

43 Drivers will pay monies owed to the company by 400pm on the day that they are due No driver with an outstanding balance will be allowed to book on the sheet until their account is paid in full to the business office This means credited to their account and a receipt issued

44 Dispatchers shall give the line-up every thirty- (30) minutes except for the months of December January and February On implementation of the Computerized Dispatch this clause will be eliminated

45 All deliveries shall be given out as regular calls except where provided in this agreement and all employees shall have the option to refuse to deliver alcohol When a dispatcher requests a driver to call him for information concerning a delivery the dispatcher will first give the delivery address over the radio to ensure the delivery is being dispatched correctly

46 When drivers book out of their cars to attend scheduled complaint meeting appointments they shall be allowed to remain in their spot on the line up queue passed by for fares and treated by the dispatch as if they are no longer on the sheet

When the affected driver returns to his car and books back in he shall be returned to his position in the line up queue and given his next rightful fare

The maximum time a driver shall be allowed to book out for a complaint meeting is one half-hour

Collective Agreement laquoCompanyraquo Page 47

This rule shall only apply if the affected driver does not incur any discipline as a result of the complaint meeting

47 All cabs at DJS Taxi must have a mike clip and the clip must be used Drivers must pick up their mike when communicating

48 Drivers using vans as taxicabs must have and make use of (when requested or required) a portable step to assist passengers in and out of their vehicles

49 All taxicabs must be free of any body damage and any damage must be repaired within ninety- (90) days

50 Roof signs must be kept in good working order and condition with Company approved logo clearly visible front and rear

51 In order to ensure equipment is compatible with computer dispatch system all new radio equipment must be approved by the Company prior to installation

Collective Agreement laquoCompanyraquo Page48

SCHEDULE D CREDIT CARD POLICY amp PROCEDURES

DRIVERS MUST ACCEPT ALL COMPANY APPROVED CHARGES CREDIT AND DEBIT CARDS

DRIVERS MUST HAVE A POINT OF SALE UNIT AND A MANUAL PRINTER PER CURRENT BYLAW CITY OF OTTAWA

Due to the increased use of fraudulent Credit Cards by customers in taxicabs the following procedures have been developed to protect drivers from falling victim to Credit card fraud When accepting Credit cards the following rules must be followed

Credit and Debit Cards- the following rules must be followed

AUTHORIZATION OF ALL DEBIT AND CREDIT CARDS

All Credit Card slips must be authorized regardless of amount Verification is generally done after the fare is completed but verification of an estimated or known amount can be done prior to the completion of the trip if

bull The destination is beyond the radio coverage area bull The driver has reason(s) to suspect the validity of the card

INFORMATION REQUIRED FOR ACCEPTANCE OF DEBIT ANDOR CREDIT CARD SLIP FOR PAYMENT The completed Credit Card slip must contain all the following information

(a) Vehicle Number (pre-printed on POS slip if not to be written by hand at the bottom of the slip)

(b) Drivers ID Number and Initials (c) Amount of fare and gratuity (if applicable) (d) Authorization number (Pre-printed on POS slip) (e) Date of the fare (Pre-printed on POS slip) (f) The Debit or Credit Card must be swiped at all times (in the event that the

receipt does not print imprinting Credit Card only on manual imprinter is acceptable with customers signature but the imprint of the card number has to be clear) In the case of a swiped transaction part of the card number will display per Credit and Debit Card industry rules

(g) Customers signature clearly written (Credit Card only) marked TRANSACTION COPY We will accept the CUSTOMER COPY as long as it has the customers signature Debit POS slips are to be submitted marked TRANSACTION COPY NO SIGNATURE IS REQUIRED

Collective Agreement laquoCompanyraquo Page49

DISPUTES BY A CUSTOMER

Should a debit or credit card slip be disputed by the customer their bank or other financial institution the company will investigate If such investigation proves fraud or error by the driver the driver will be charged back for the full amount of the charge

If the disputed transaction was processed on a non-company unit a $500 plus HST charge plus the value of the charge will be debited to the drivers account The Company will refund the customer for the value of the charge

Should a customer andor driver report that the charge has been approved more than once the Company will investigate The Company does not allow any refunds in the taxicab Drivers can void a transaction but this must be done before Batch Closing the transaction A Void can only be done in the presence of the customer as the card (debit or credit) must be present The driver can then re-swipe the card for the correct amount The Company publishes a toll free number for customers or drivers to call with any concerns about a transaction If a customer has been charged more than once for the incorrect amount the following procedures apply

Credit Card

The Company will verify that the customer was charged multiple times or has been over-charged and issue a refund as necessary The Company will send a copy to the customer upon request All refunds are processed on a Point of Sale unit or Virtual Merchant (on-line) The Company may contact the driver to determine the validity of the customers details

Debit Card

The Company will verify that the customer was charged multiple times or has been overcharged and issue a cheque refund as necessary The Company keeps a copy of the cheque issued

GENERAL INFORMATIONGUIDELINES

1 If the driver has overcharged the customer and has been paid the incorrect amount the Company will adjust the drivers account and provide a receipt The Company maintains a log in the even there is a dispute by the driver or the customer If the driver reports the overcharge that is logged on a Customer Incident Form which has a Control Number

2 Hand written Credit Cards will not be accepted All Credit Cards must be passed through a manual imprinter which clearly shows the full credit card number If the credit card number is not clear and cannot be authorized

Collective Agreement laquoCompany Page 50

the driver will face debitchargeback of the amount as it cannot be authorized

3 The only Credit Cards accepted by Taxitab a division of Coventry Connections Inc are

i Visa ii Mastercard iii American Express

Note Visa Mastercard and American Express all issue prepaid credit cards these are all accepted

4 Taxitab a Division of Coventry Connections accepts Debit Cards for Canadian Financial Institutions Debit Cards for foreign banks may not

work on the unit Visa Mastercard have commenced issuing Debit Cards these are all accepted These cards are clearly marked on the face of the card with the Visa and Mastercard logos

5 The following items are to be checkedverified by the driver upon presentation of a Credit Car (a to d) Debit Card (d only)

CHECK LIST

(a) Expiry Date Ensure the card is valid Check to be sure that the Card is not being used beyond the expiry date printed on the card If the card is expired refuse to accept it

(b) Altered Cards Check to see if the card has been noticeably altered in any way If it has been refuse to accept it

(c) Card holders name and signature Check that the signature on the Credit Card slip is the same name printed on the card At the same time check that the signature is the same as the signature on the rear of the card If there is no signature on the rear of the card ask the customer to sign it as you are required to check this

If in doubt ask to see some other form of identification (preferably one with a picture and signature) that ensures that the person using the card is who they say they are

(d) Amount of fare and gratuity (if applicable) The amount of the Debit or Credit card slip must be equal to the amount of the fare and the gratuity (where applicable) Each amount should be entered in their respective places and only by the customer unless otherwise directed In the case of a Debit Card customer must always enter their PIN number to

Collective Agreement ltbullCompany Page 51

authorize the card Drivers must remind customer that the TIP field comes first followed by the PIN number

(e) $150 Surcharge

Debit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated by the City of Ottawa By-Law The $150 charge is prompted by the point of sale unit automatically The Driver receives 65cent of the $150 for every transaction

Credit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated in the City of Ottawa By-Law The $150 charge is NOT prompted by the point of sale unit automatically The driver adds the $150 to the metered amount and enters this total in the base amount field

6 CAUTIONS

7

(a)

(b)

(c)

Bank Card only have the Bank name on the card

Credit Cards are identified by the VISA MASTERCARD AMERICAN EXPRESS OR DINERS CLUB-ENROUTE symbols Only Cards with these symbols will be accepted

Credit Cards will have a holographic image on the face of the card

CASH ADVANCES

The use of Credit Cards for cash advances in the taxicab is not permitted Credit Cards must only be used in the taxicab for paying for an actual fare Anyone using a Credit Card in a taxicab to obtain cash advance is most likely using a stolen or fraudulent card

8 OUT OF TOWN FARES

For the drivers protection it is suggested that for fares going out of town and the customer wishes to pay by Credit Card it is recommended that the driver authorize the fare at the beginning of the trip (dispatcher can give an estimated amount) If there is a difference process the difference at the end of the trip There is a pre-authorization feature available for Credit Card only on the Point of Sale unit The Company can activate this on driver request but the driver must be

Collective Agreement ccCompany)) Page 52

bull

9

given correct training for this There are several steps involved with pre-authorization that must be followed before batch closing

BATCH CLOSING

Drivers must close transaction in the terminals at the end of their shift Credit Card authorizations only remain in the terminal for five (5) days after that the processor closes them automatically Drivers must batch close all credit cards no later than four (4) days in order for the items to appear on the batch close report

Batch Close reports will print separately for Debit and Credit Cards and list the details of the transactions in the terminals showing the card type and the last four (4) digits of the card involved This Batch close cannot be reprinted drivers must hold on to them Attach the slips to the Batch Close and bring to the cashier The cashier will verify the attached slips are on the batch close and proceed to pay or credit the driver assuming all slips are authorized and complete (as discussed above under (1) Authorization Procedures)

The following circumstances regarding Batch Closes will apply

(i) Batch Close with All Debit and Signed Credit Card slips- Driver will be paid or credited at time of presentation at a cashiering station

(ii) Batch Close- No Debit Slips if the batch close shows a Debit Slip and the driver has misplaced or lost the slip the Driver will be paid or credited at the time of presentation at a cashiering station

(iii) Batch Close No Credit Card Slip- No Slip No Payment at time of cashiering (driver is to go to Driver Admin in this instance) If the driver has a signed manual slip and the last 4 numbers of the card match those on the batch close the slip will be accepted by the cashier

NO BATCH CLOSE REPORT -If a Driver has lost or misplaced Batch Close report the Driver is to go straight to Driver Admin (not cashiering) The Driver is to bring the receipts (if there is a credit card slip with no signature there is a separate procedure for this below) he has for which he has not batch close Driver Admin will initiate a Batch Close Incident Report which has a Control Number for future reference The Procedure is as follows

(i) Driver Admin to Photocopy all Slips and write the Control from the Batch Close Incident Form on the photocopy and date the sheet The

Collective Agreement ccCompanyraquo Page 53

bull

bull

Driver is to keep this in the event of a dispute or apparent nonshypayment in account

(ii) Driver Admin will complete the top copy of the report attach a copy of the slips The Driver will complete the bottom part of the report and sign it

(iii) Management will need 72 hours (three business days) from the date of Incident Report to investigate the transaction has been settled in the POS unit

(iv) Providing Management confirms the transaction is complete the slips will be credited to the Drivers account and a receipt will be printed A copy of the receipt is attached to the Batch Close Incident Report The Control from the Form is entered when the the amount is credited for reference A receipt can be printed at that time by cashier

(v) In the event that a driver does not have a Batch Close and presents a credit card slip with no signature the following will apply

(vi) If the Driver experiences a problem with the Batch Close or operation of the unit the Driver is to bring the unit to the office during normal hours Management will investigate the issue and call Driver to reshyissue the unit completing paperwork for the replacement unit which the driver will sign

Any driver attempting to defraud a customer by processing a debit or credit slip more than once will be terminated

Collective Agreement laquoCompany)) Page 54

bull

bull

SCHEDULE E STOLEN FARE POLICY

Whenever the Dispatch Supervisor receives a complaint that a fare either dispatched to the complainant or from within the same block of taxi standconcession on which the complainant is parked has been stolen and the identification of the accused is made known the Supervisor shall

(a) Bring the accused to voice and notify himher of the allegations

(b) Inform the complainant that a deposit of forty dollars ($4000) must accompany his accusation and to be deposited within one (1) hour of the complaint Where applicable inform the complainant that the accused wishes to challenge the allegations and the date and time of the hearing shall be known to both parties

(c) A failure of either party to attend the hearing will result in an additional fine of forty dollars ($4000) to be paid within sixty (60) minutes of the conclusion of the hearing or a suspension ob the absent party until payment is received

(d) Inform the accused of the available options

(i) Arrange for repayment of the fare in its entirety to a minimum of forty dollars ($4000) to the complainant a Union representative or the Company on behalf of the complainant within sixty (60) minutes or

(ii) If the allegation is being denied and the accused wishes to refute it forty dollars ($4000) must be deposited at the dispatch office within sixty (60) minutes with a notification to the Dispatch Supervisor that the allegation is being challenged

Where the accused fails to respond to two (2) voice messages or refuses to comply with (c) the accused shall have dispatch services suspended until in compliance or the Company receives instructions from a Union Representative to do otherwise

The penalty for a wrongful accusation is the payment of forty dollars ($4000) to the accused by the accuser in addition to the return of the accuseds deposited payment

It is understood and agreed that the action(s) of the Dispatch Supervisor(s) in the compliance of this Policy is not to be construed as a determination of who is the guilty party In all disputes regarding stolen fares the Committee shall make the final determination with respect to guilt

Collective Agreement laquoCompany Page 55

bull

bull

Note Such fare(s) will not be considered as Stolen Fare(s) if picked up by driver(s) arriving on the Concession(s)Taxi Stand(s) prior the driver(s) who accepted the dispatched fare(s)

Collective Agreement ((Company Page 56

bull bull

APPENDIX 1

PLATE CAR LESSEE IND START LESSEE START

1 1027 5027 ADAM GRANT 1 91111986 111987

2 1015 5015 TIMS VAUGHN 411995 411995

3 1043 5043 MARTON FERENC G 10251995 10251995

4 1050 5050 DUBOIS JOHN 12111994 311996

5 1048 5048 SUNIL JOSHI 1111994 711996

6 1030 5030 SLIM MOHAMED 711996 7111996

7 1041 5041 JAMALEDDINE ZAHER 911996 911996

8 1040 5040 MAHEUX FRANK 11151996 181997

9 1109 1 5109 ASTLEY JAMES 1011994 1131997

10 1045 5045 MELHEM SAMIR 1211996 9211997

11 1028 5028 LABINE ANTHONY 10151980 11281997

12 1054 5054 ELmiddotNEMER NEMER 11131997 21271998

13 1113 5113 WEAGANT BROCK C 82211988 3131998

i

14 1039 5039 SOBH HAC HEM 11171997 5111998

15 1044 1 5044 MOUFARREJ RAYMOND 10241996 1161998

16 1042 5042 MCCONVILLE BILL 311992 11111998

17 1107 5107 GIANNAKOS LOUIS I 9111997 491999

18 1026 5026 VERMA LALIT 51261996 5311999

19 1033 5033 MITCHELL BRUCE 111987 9301999

i

20 1108 5108 PAPPAS CHRISTINE 121111991 1041999

rmiddot 1014 5014 NYTRA BEDRICH 961996 3302000

22 1000 5000 ABOUmiddotARRAG SAM I 611997 7132000

23 1038 5038 MUNROE JOHN 1111977 492001

24 1022 5022 RADULESCU GELU 611999 5232002

25 1139 5139 HASSOUN I MOUFID 71211999 8152002

26 1006 5006 SADER I GHASSAN 6211999 292004

27 1029 5029 CLAYTON GREG 911980 21132004

Collective Agreement ccCompany Page 57

bull

28 1034 5034 IBRAHIM 12301995 4302004

29 1037 5037 ABDALLA HASSAN I 3312000 2202006

30 1010 5010 HASSOUN AD NAN 8272001 312006

31 1031 MASSOUD 1241998 312006

32 1 1o35 5035 JANCO 911992 362006

1 33 1036 5036 SINGH BALWANT 92211999 3172006

Collective Agreement ltltCompanyraquo Page 58

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 16: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

(d) 41h Offence- A final written warning and fine of $7500 will be imposed

and collected by way of the drivers account

(e) 5th Offence- Dismissal

Monies collected shall be used to appease dissatisfied customers and to advertise the DJs business

1221 Locals I Freebies

1222

1223

1224

a) b) (c)

These are calls that are dispatched to the first car booked in a Zone (Stand) and the driver accepting said call has a maximum of thirty 30) minutes to complete the call and rebook on the same stand the call was dispatched from in order to be placed in the first available position in the priority queue

Locals shall include calls originating from the following locations

Major shopping centres Groceries A list consisting of a maximum of five 5) addresses

When being dispatched on the Computerized Dispatch System Fare Waiting shall mask all calls or trips for the duration of this Agreement

No calls trips or parcels shall be dispatched on voice except where provided in this Agreement

In recognition of the fact that the Company operates a multi-fleet dispatch operation the Company and the Union agree that the staffing levels of the dispatch operation to service the DJs fleet shall always be no less than one (1) call taker and no more than middotfive 5) call takers One (1) call taker shall always have priority to respond to DJs calls with the balance of the call takers having secondary priority on a cascading basis To address any problems arising from dispatch issues the parties agree to establish a Dispatch Committee of equal representation to meet at mutually agreeable time frame upon request of either party within fifteen (15) days of notice being given by either side Issues may include but not restricted to hardware software or manpowerstaffing The Parties agree to address any such issue in an expeditious and fiscally responsible fashion

When the DJs fleet reaches one hundred and thirty (130) taxi cabs the Company shall add a second call taker having priority to respond to DJs calls but only during peak periods When the DJs fleet reaches one

Collective Agreement laquoCompanyraquo Page 14

hundred and sixty (160) the Company shall increase the number of call takers to two (2) having priority to respond to DJs calls at all times

1225 A list of persons and addresses owing money to drivers for fares not paid shall be compiled by the Company and kept in the dispatch office at all times No requests for taxicabs or specialty services excluding school and contract runs shall be dispatched to these persons andor addresses until the monies owing are paid

1226 Dispatchers phone staff and supervisors shall not remove falsify alter any request for taxicab service placed with DJs taxi dispatch service

1227 The Company shall ensure that dispatchers phone staff or supervisors shall not accept money or other forms of favour or inducements from any person where the objective of such payment is the granting of preferential treatment to any individual in respect of dispatch services

1228 When a call back is received after the lead time of the call in question the dispatch supervisor will send two 2) voice messages at least one (1) minute apart for the driver to come to voice If the driver fails to respond the call will be re-entered as a local call and if said driver is booked into the system heshe will be suspended until there is a response Drivers failing to go on or being late on their calls will be further disciplined in accordance with progressive discipline

1229 The Company shall discipline any driver who assigns a dispatched fare to another driver

1230 (a) The discipline or discharge of a driver who has completed hisher probationary period shall be grievable in accordance with Article 24 of this Agreement The Company agrees that it shall apply the principle of progressive discipline However the Company reserves the right not to apply the principle of progressive discipline for certain offences based on their severity

(b) The Company shall discipline any driver as follows for the specific offences listed below

i) Assigns or redirects a dispatched fare to another driver operating under the OJS roof sign as follows

a) 1st offence- 1 shift b) 2nd offence- 2 shifts c) 3rd offence - 3 shifts

Collective Agreement laquoCompanyraquo Page 15

(ii) Cancels a fare already inputted into the Ziptrack Dispatch System as follows

(a) 1st offence- 1 shift (b) 2nd offence - 2 shifts (c) 3rd offence- 3 shifts

(iii) Telephones the Ziptrack Dispatch System with an illegitimate call as follows

(a)

(b)

(c)

1st offence - 2 shifts and $2500 to the affected driver pajable by the offending driver 2n offence - 4 shifts and $2500 to the affected driver payable by the offending driver 3rd offence - termination of employment

(iv) Assigns or redirects a dispatched fare to another driver operating under another roof sign as follows

(a) 1st offence- termination of employment

For purposes of this provision one (1) shift is a period of twelve (12) consecutive hours for a twelve (12) hour driver and twenty-four (24) consecutive hours for a twenty-four (24) hour driver

1231 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical break down emergency or any other reason(s) not herein listed the dispatcher shall re-dispatch the fare and suspend the driver for one (1) hour

1232 Definitions

Accessible call means a valid request for an accessible taxicab by a person with a wheel chair or is otherwise defined by any statute or regulation thereof

Accessible Driver means a driver who is qualified to drive an accessible taxicab under the applicable By-laws of the City of Ottawa

Accessible Plate means a licence for an accessible taxicab that is issued to a person who has qualified to hold an accessible licence under the applicable By-laws of the City of Ottawa

Collective Agreement laquoCompanyraquo Page 16

middotAccessible Taxicab is a taxicab which is designed to accommodate one or more individuals who require the use of a wheelchair without the need to transfer the individual from the wheelchair which vehicles are otherwise subject to federal and provincial legislation applicable to the transport of Physically Challenged Persons and in respect of which an accessible plate has been issued

Attribute means in respect of a vehicle the association with that taxicab in the Ziptrack dispatch software system of a special feature (or restriction) for that vehicle required for specific types of fares

Call means a request for taxi service received by Ziptrack by a telephone call to the DJs Taxi number 829-9900

Cover or Covered as applicable to a fare means there-dispatch of a previously accepted fare at the request of the accepting driver for valid reason (mechanical breakdown accident or other emergency) in accordance with normal dispatch procedures

Taxi Stand means a space on private property for taxicabs operating under the DJs Taxi roof sign specified under an agreement between Coventry Connections Inc or Ziptrack Inc or a space specifically designated as a taxi stand from time to time on a public street or other public space by the City of Ottawa

Accessible Vehicle Dispatch

(a) It is agreed that calls placed through the dispatch system for an accessible taxicab shall be dispatched only to accessible taxis defined by the dispatch system as an Attribute Where there are no accessible taxicabs booked into the dispatch system and available to accept a call such call shall be displayed as being available on the fare broadcast screen

(b) An accessible taxicab may be dispatched as a standard sedan taxicab at anytime that it is not dispatched on an accessible fare An accessible taxicab shall not be given priority for any type of fare other than an accessible fare An accessible taxicab shall be booked off all zones when any fare is accepted or rejected

(c) The driver of an accessible taxicab is not authorized to reject an accessible fare if he is booked on the dispatch system or is in a queue at a taxi stand or company concession Failure to accept an accessible fare shall be deemed a rejection of an accessible fare and shall be subject to discipline

Collective Agreement ccCompany Page 17

1301

1302

1303

1304

(d) In the event that a driver of an accessible taxicab who has accepted an accessible fare requests to be covered and where such request is granted the driver shall be booked off the dispatch system for a minimum of one (1) hour or until the fare is covered

(e) The driver of an accessible taxicab that rejects or is deemed to have rejected an accessible fare under paragraph (c) above shall be booked off the dispatch system until one ( 1) hour after the accessible fare has been accepted and or service (the record of which not withstanding sub-Article 908 of the Collective Agreement shall be kept for five (5) years

(f) All accessible calls shall be masked by ACCESSIBLE FARE WAITING

(a)

(b)

(c)

(d)

(e)

ARTICLE 13 EMPLOYEES DUTIES

All employees shall perform their duties in a business like professional and courteous manner and shall not use abusive language on the air to customers or to Owners Group Staff

All employees shall be neatly dressed well groomed neat and clean in personal appearance

All employees shall give a receipt on the authorized form of the Owners Group showing the date car number and drivers name when requested to do so by the passenger or whenever there is a dispute over the fare

Subject to the above and except when he has a previous engagement ttle employee shall serve the first person requiring the service of his taxicab except when the prospective passenger

Is disorderly or abusive or poses a health or safety risk In cases of disputes involving intoxication andor health and safety risk and while the well being of the driver is of paramount importance extreme caution and sound discretion must be exercised prior to any refusal At all times the nature of the business that being a service Industry must be borne in mind so each and every situation must be measured on its own merit by the driver

Is in possession of an animal other than a Guide Animal or

Refuses to state his final destination upon entering the taxicab or

Has not paid a previous fare or

Refuses to pay in advance for flat rate out of town trip(s) or

Collective Agreement laquoCompanyraquo Page 18

(f)

1305

1306

1307

1308

1309

(a)

(b)

(c)

Has called two (2) cab companies for the same fare

In the event a driver discovers a lost object in the taxicab he shall immediately advise the dispatch supervisor of his findings with a description of the object an approximate idea of who might have left said object along with the pick-up and drop-off addresses of the customer if possible

Within twenty-four (24) hours of an objects discovery the driver shall take said object to the nearest Ottawa police station or to the Ziptrack Inc dispatch office at no cost or when directed to do so within the above mentioned twenty four (24) hours A receipt for said object will be issued if requested

Subject to Article 1305 should the customer wish the immediate return of the lost object the dispatcher shall notify the customer of the approximate metered cost of return from the location of the driver at that time and the employee shall return the object immediately to the customer at the standard metered rate

No employee shall be forced to violate a Municipal Provincial or Federal Law or regulation in the performance of ~1is duties

The Company shall provide the drivers with a list of all current flat rates Upon any changes to said list a new list shall be issued within thirty (30) days following such changes

No person(s) who will be driving under the DJs roof sign except for rehires who have been absent for less than three (3) years shall be hired or permitted to commence employment until

Heshe has successfully passed the test which the Company shall devise and administer with regard to the operation and knowledge of the taxi related Industry Said test shall include but not be limited to the knowledge of the Ottawa-Carleton area but with an emphasis on the areas directly affected by this collective agreement

Orientation by the Operations Manager or his designee on the DJs Taxi charge system

Heshe has been given a six (6) hour in-car training session This session will comprise of accompanying the prospective employee for a period of six (6) hours to learn the stands customer relations specific to DJs Taxi two-way radio booking practices and a general familiarization with the DJs environment The cost associated with this in-car training session shall be

Collective Agreement ccCompanyraquo Page 19

$10000 and said cost shall be borne by the prospective employee Failure to pass any portion of this test shall result in a fourteen (14) day waiting period before the applicant will be allowed to re-do the portion(s) of this sub-article which heshe has failed The cost associated with re-doing a) or c) will be $5000 while re-doing both would be $10000

During this waiting period the applicant will not be allowed to operate under the DJs roof sign No person operating a taxicab under the DJs roof sign will be assigned any duties associated with this sub-article

Tests are given on the first and third Mondays of each month on a first come-middotfirst serve basis by appointment Failure to attend for a scheduled date and or time will result in the forfeiture of the appointment and a new date will be booked on a first available basis only

ARTICLE 14 TECHNOLOGICAL CHANGE

1401 Technological Change means but is not limited to the introduction of changes to the present systems the introduction by the Company of additional radio channels computerized dispatching systems or any other mechanical electrical or other system including but not limited to fuel systems at no cost to the drivers

1402 In the event of any technological change the Company shall notify the Union in writing at least ninety (90) days before the introduction of such changes unless prior discussions with the Union have occurred

1501

1502

1)

2)

3)

ARTICLE 15 SENIORITY

Seniority shall be applied in determining layoffs preference for time off and recall from lay off as set out in other provisions of this agreement

Prior to being offered employment an individual shall be required to present to the Member of the Owners Group and the Company all relevant documentation namely

Valid Ontario or Quebec Provincial drivers license with a current provincial driving record with no more than six (6) demerit points at such time and if applicable has been pardoned for any prior conviction for impaired driving

Applicable Taxi Drivers License

Original copy of a Motor vehicle drivers abstract no older than twentyshyeight (28) days

Collective Agreement laquoCompanyraquo Page 20

4) Letter from previous or present insurer (where possible)

5) Work permit if applicable

6) Proof of Union membership

7) Social Insurance Numbercard or verification from appropriate federal government department of such number

8) A clear Police Criminal Record check no older than twenty-eight (28) days

9) Training as set forth in 1309

The above requirements do not apply to a driver who changes status or moves between Members of the Owners Group or Single Plate Owner or Single Plate Lessee provided the driver does not go more than thirty (30) calendar days without being registered on a taxicab except by reason of a proven medical illness Requirement 9 above does not apply to a driver who had previously driven under the DJs Taxi roof sign within the previous twelve (12) months Nevertheless each driver is required to register such changes with the Company To facilitate the drivers ability to register such changes the Company office shall be open from 830 am to 200pm daily except Saturday Sunday and Statutory Holidays

1503 The Owners Group shall recall laid off employees in the reverse order of lay-off

1504 A driver injured or ill should notify the Company and the Union within two (2) weeks of his absence and should arrange to provide a detailed mediqal certificate as evidence of injury or illness and an estimated time of return signed by a doctor in order to preserve his seniority Only an employee returning from an absence of eighteen (18) months or less due to injury or illness shall be returned to his previous vehicle provided that said vehicle is still working as a taxicab if it is not he shall be returned to another vehicle on the same shift he had prior to his injury or illness

A driver replacing another driver who is on sick leave shall be notified of his status by the Owners Group and the Owners Group shall notify the Union of all details

An employee returning within 30 days from an absence due to injury or illness shall be returned to his previous vehicle provided said vehicle is still working as a taxicab and if it is not heshe shall be returned to another vehicle

Collective Agreement laquoCompanyraquo Page 21

1505

(a)

(b)

(c)

(d)

An employee returning to work after thirty (30) days but less than eighteen (18) months from the commencement of hisher injury or illness shall be returned to work displacing the most junior driver driving with the individual member of the Owners Group

Clarity Note (i) A twelve (12) hour driver returning from illnessinjury shall be returned to a twelve (12) hour shift car by replacing the most junior driver driving Should the most junior driver be driving a twenty-four (24) hour car heshe would then be offered the shift remaining after the returning driver has chosen

Clarity Note (ii) A twenty four (24) hour driver returning from illnessinjury would replace the most junior driver and assume hisher shift

Clarity Note (iii) Returning employees shall be given the first available car corresponding to their previous shift

An employee shall lose seniority and as such will cease to be an employee upon

Voluntarily quitting or resigning

Being discharged for just cause and not having been reinstated through the grievance or arbitration procedure

Failing to rent an available vehicle when duly notified of same while on layshyoff except or for certified medical reasons

Being laid off being without a valid work permit or being without a valid Provincial drivers license or appropriate Municipal taxi drivers license for a length of time equal to that employees seniority or twelve (12) months whichever is less

ARTICLE 16 COMMITIEES

1601 A UnionManagement committee shall be appointed consisting of up to three (3) representatives from the Union and up to three (3) representatives from the Company This committee shall meet every six (6) months for the purpose of discussing matters of mutual concern

1602 A safety committee consisting of at least two (2) representatives of the Union and two (2) representatives of the Owners Group shall meet at a mutually agreeable time frame upon the request of either party within thirty (30) days for the purpose of discussing matters of mutual concern Minutes will be kept of each meeting

Collective Agreement laquoCompany Page22

1603 A rules committee consisting of up to three (3) representatives of the union and of up to three (3) representatives of the owners group shall meet at a mutually agreeable time frame upon the request of either party within thirty (30) days for the purpose of negotiating changes to existing rules and for discussing any new rules prior to their implementation

1604 To address advertising the parties agree to establish an Advertising Committee of equal representation to meet at mutually agreeable times upon request of either party within fifteen (15) days of notice being given by either side The Committee shall be responsible for a budget of $2625000 over the term of this collective agreement which sum shall be spent to advertise and promote the DJs business

The parties must agree when and how the advertising will be allocated However the parties agree that advertising would include

bull Flyers bull Newspaper Ads bull Promotional Items (eg fridge magnets) bull Radio

ARTICLE 17 SAFETY AND HEALTH

1701 It is understood and agreed that driver safety is important to the individual employee and to the industry as a whole The Owners Group and employees agree to exercise their rights and to fulfil their obligations in accordance with this understanding The Owners Group will continue to encourage and welcome safety recommendations for the safety and health of drivers during their working hours

1702 The employer shall supply only safe and roadworthy vehicles and the equipment contained therein and the vehicles themselves shall be maintained in good working order Each rental vehicle shall meet the mechanical fitness standards as defined in Provincial legislation

1703 The Company agrees to pay the premiums to an insurer chosen by the Company to provide term life insurance coverage in the amount of ten thousand dollars ($1000000) for all employees provided that the affected employee has a minimum of one (1) year seniority under the DJs Taxi roof sign and is actively working on the day he attains this one ( 1) year seniority

All claims and payments shall be in accordance with the terms of the master policy of the insurer and the Company shall not be liable for any

Collective Agreement laquoCompanyraquo Page 23 middot

bull

non payment by the Insurer This insurance coverage will not be provided to any driver who is 65 years or older at any time during this agreement

The Company shall aid in collecting monies by allowing a cash donation box to be set up at their office for driver(s) involved in serious accidents The Company shall not be responsible for said box

1704 The Company shall supply a safety shield for the company owned rental vehicle when requested by that driver

All rental drivers who request a shield must continue to operate on a vehicle that is equipped with a safety shield so long as said driver is operating under the DJs roof sign provided one (1) is available Company rental drivers working with a shield shall have the option of refusing to operate any spare rental vehicle not equipped with a safety shield However once a driver accepts a spare rental vehicle not equipped with a shield he will be deemed to have given up his right to exercise this option on the same shift

ARTICLE 18 WORK WEEK

1801 The Owners Group agrees that the employees shall determine their work week subject to the provisions of this agreement

1802 The Owners Group agrees that the work week shall be based on seven (7) days

1803 Rental drivers shall pay their weekly rental over six (6) days and have the use of the vehicle for seven (7) days

1804 Stand rents for car owners shall be calculated weekly paid monthly or weekly at the discretion of the employee but limited to one change in the payment structure per calendar year Any reduction is to be calculated on a weekly basis and there shall be no reduction given for anything less than seven (7) consecutive days off except where provided in this agreement

1805 Shifts shall be mutually agreed upon by the partners on the vehicle and in case of dispute shifts shall commence at 400am and 400pm The change-over location shall be mutually agreed to by the partners on the vehicle and in case of dispute change over shall be at the Companys office

ARTICLE 19 STATUTORY HOLIDAYS

Collective Agreement laquoCompanyraquo Page 24

1901 (a)

(b)

All rental drivers (12 amp 24 hours) of the Owners Group shall be entitled to the following days off provided that they have worked more than three (3) consecutive months under the Companys roof sign

All single plate owners (SPO) and single plate lessees (SPL) shall be entitled to the following days off provided that they have completed three (3) months of service under the Companys roof sign and they shall not be charged plate rent or stand rent for said statutory holidays

Employees meeting the criteria outlined in (a) and (b) above shall be given credit for said days whether they choose to work or not Credits for statutory holidays shall be given at the time that payment is made for the period covering the day of the holiday

New Years Day Family Day Good Friday

Victoria Day Canada Day Labour Day

ARTICLE 20 TIME OFF

Thanksgiving Day Christmas Day Boxing Day

2001 All rental drivers (12 amp 24 hours) shall be entitled to four (4) weeks annual time-off

All single plate lessees (SPL) shall be entitled to five (5) weeks annual time-off for which they shall not be charged stand rent for time-off taken During said time-off heshe shall not be charged plate rent for the first four (4) weeks

All single plate owners (SPO) shall be entitled to seven (7) weeks annual time-off During this period they shall not be charged stand rent

SPOs and SPLs outlined above will be granted their requested time-off entitlement provided they have no balance owing and provided that a minimum of one (1) week written notice is given to the individual Member of the Owners Group (MOG) and the Company and provided further that said drivers have a minimum of one (1) completed year of uninterrupted service under the Companys roof sign

In cases of accidents and major breakdowns involving SPO and SPL no notice period will be required for time-off and credits for such time-off will be based on daily increments

Where a SPOor a SPL has used all hisher allotted time off and said SPO or SPL has an accident or major breakdown heshe will be given up to a maximum of ten (1 0) additional days of time off and during said time

Collective Agreement laquoCompanygtbull Page 25

heshe shall not be charged any stand rent subject to proof of inoperability of the vehicle being provided

In the case of SPOs and SPLs extended time-off will be allowed for overseas trips All rents must be paid in advance to cover the time off for the extension

Explanation Car owners time off is only when the car is off the road If the SPO or SPL puts a driver on the car it is not considered part of this time off

2002 Single plate owners and single plate lessees will be responsible for arranging for time off for their drivers

2003 Time off may be taken weekly or bi-weekly at the employees discretion Provided further where the employee has taken a minimum of one (1) week heshe may take additional days) of less than weekly increments) in conjunction with the one 1) week

2004 Time off must be taken during the calendar year and cannot be accumulated over more than one calendar (1 year

2005 The MOG SPL and SPO agree that roof signs taxi plates and all other items (computer equipment will remain with the Company during the employees time-off and in the case of rental drivers the rental vehicle will be returned to the vehicle owner

ARTICLE 21 INSURANCE

21 01 Every car owner has the right to obtain insurance from the broker or Company of their choice without interference from the Owners Group

2102 The Owners Group shall upon written request from an employee who is presently insured by a member of the Owners Group provide written details of claim settlements and accident records

2103 The Company shall provide at no extra cost motor vehicle insurance coverage with collision provision deductible not exceeding $75000 or the cost of repair whichever is less for each at fault accident

21 04 The Company shall provide at no extra cost comprehensive coverage with zero deductible including but not limited to middotfire and theft It is agreed and understood that comprehensive coverage does not cover driver owned equipment

Collective Agreement Page26

21 05 The Company shall provide accident benefit coverage as set out in the OAP 1 of the Ontario Automobile Insurance Act and shall abide by the guidelines and statutory conditions as set out by the Insurance Company with whom the Company is insured

2106 With respect to Articles 2103 2104 and 2106 above which applies to accessible shift vehicles only) the Companys obligation is to provide insurance coverage only Any determination of whether a driver is entitled to insurance benefits andor whether a claim shall be paid or denied in any given situation shall be the sole and exclusive responsibility of the Insurance Company

2107 A driver who is insured through the Company shall provide the Company with a Motor Vehicle Drivers Abstract one month before the annual renewal of the Companys insurance policy A driver shall provide additional Motor Vehicle Drivers Abstracts as requested by the Insurer

21 08 The Companys insurer may judge a driver to be a high risk and may assess a surcharge accordingly A driver who is found tomiddot be a higher risk will bear the cost of any such surcharge

21 09 A driver insured by the Companys insurer who is involved in an accident shall regardless of whether he or she was at fault notify the dispatcher immediately The driver shall indicate whether the accident should be reported to the police and whether the customer or driver require medical attention Following notification of the dispatcher the driver shall remove the roof sign from the vehicle and record to the best of his or her ability all relevant information The driver shall bring the relevant information to the office within 24 hours of the incident excluding weekends and holidays)

2110 Drivers are responsible for the replacement of all lost or stolen antennae andor roof signs

2111 The Company shall pay the full El payments for all rental drivers In the event of an increase in the premiums during the life of this Collective Agreement drivers shall pay the drivers share of the increase

2112 All drivers who are insured through the Company obtained insurance must sign the Companys insurance agreement prior to commencing work The Company shall provide insurance agreements with no more than a $75000 deductible to be paid after the accident The amount shall be paid at the rate of $1000 per shift until fully paid

Collective Agreement ((Companyraquo Page27

ARTICLE 22 TAXI PLATE SALES

2201 1 Members of the Owners Group shall be able to sell plate(s) in the following manner

2202

(a) A notice of its intent to sell plate(s) shall be posted and announced over the dispatch system for a period of three (3) days and shall be offered to the lessees and rental drivers in the bargaining unit

(b) Where there is more than one interested applicant the plate(s) shall be offered based on seniority and plates sold shall be the plate of the most junior lesseedriver

Where the sale will result in the layoff of a driver that driver shall be recalled prior to any new hires by all Members of the Owners Group

2 Where there are no applicants the Member of the Owners Group will sell the last leased plate at their discretion Any driver laid off shall be recalled prior to any new hires by all members of the Owners Group

3 Sale of More Than One Plate at One Time

4

5

The Owners Group has the right to sell to whomever they choose provided that no one is displaced

In the event that the most junior lessee is displaced as a result of the sale of the plate the Company agrees to pay to the displaced lessee no more than fifty-five thousand dollars ($5500000) in the first year of this Agreement and according to the succession plan as outlined in article 23 for the following years of this Agreement This would apply only if the said lessee has complied with the succession plan as per article 23

An individual Member of the Owners Group shall not require any of his drivers to give up their rights under this Agreement and work under another roof sign without the drivers written consent given before a Notary Public for Ontario The Union shall be supplied with copies of the consents

In the case where a Member of the Owners Group is leasing a taxi plate and the Member of the Owners Group has a car under this plate and this vehicle is then rented out on a 12 or 24 hour rental this article then does not apply The Owners Group cannot be held responsible for any damage or compensation that may arise from the actions taken by the 3rd party

Collective Agreement laquoCompanyraquo Page28

2301

2302

2303

1

2

3

4

ARTICLE 23 SUCCESSION AND TAXI PLATE LEASES

Definition

The process by which the lessee of a Company-owned taxi license plate having determined that heshe wishes to retire andor otherwise terminate hisher relationship with the Company and having officially notified in writing both the Union and the Company of hisher intention to do so offers the opportunity to hisher driver to be the lessees successor all in accordance with the conditions sot out in this Article

In order to be eligible to offer a lease for succession the lessee must have been a party to a valid taxi plate Leasing Agreement with the Company for a minimum of one (1) year and have two (2) years of continuous uninterrupted service operating a taxi vehicle under the Companys roof sign The lessee must also be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

In order to qualify as a successor the driver must be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

An offer for succession shall follow the following order

No offer for succession can be made until the day after the final version of the seniority list as outlined in Appendix 2 has been agreed upon and signed-off by the Parties

The lessee must notify the Company and the Union in writing of hisher intention to exercise the option of succession and the projected date of the succession

The taxi plate lease shall be offered to the lessees current driver (if any) who shall have thirty (30) days to reject or accept the succession

If the offer is rejected or thirty (30) days have passed since the offer was made the taxi plate lease shall be offered to the drivers who are not single plate lessees (SPL) or a single plate owner (SPO) on the seniority list who shall have thirty (30) days to reject or accept the succession

Collective Agreement ltltCompanygtgt Page29

5

6

2304

2305

2306

2307

2308

2309

The most senior driver on the seniority list (who is not a single plate lessee-SPL or single plate owner-S PO) who accepts the succession shall be the successful incumbent lessee

In the event that no driver accepts the succession the lessee may ask that his request for succession be held in abeyance until such time as an incumbent lessee is found or may retire andor otherwise terminate hisher relationship with the Company at the time of hisher choosing In the event that the lessee retires andor terminates hisher employment relationship the taxi plate shall be returned to the Company and assigned to the next senior eligible driver as per the Companys past practice

The succession shall be valued at no more and no less than fifty-five thousand dollars ($5500000) except as modified as per sub-Article 2308 The driver (incumbent lessee) shall pay to the lessee the full value of the succession fee within sixty (60) days of the date of acceptance of the offer Once the driver has paid the succession fee the driver becomes a single plate lessee for the purposes of this Collective Agreement and will assume all rights duties responsibilities and obligations of a single plate lessee as set out in this Collective Agreement

The Parties agree that any monies or other considerations paid to a lessee at any time other than the time set out in sub-Article 2304 above shall not be counted towards the succession fee

The amount of $300000 (plus HST if applicable) shall be paid to the Company as a consulting fee by the incumbent lessee no later than the day before the day the incumbent lessee becomes a single plate lessee for the purposes of this Collective Agreement

Any lessee who exercises the succession option voluntarily terminates hisher employment with the Company and loses all seniority A driver who wishes to subsequently be rehired by the Company as a driver shall be placed at the bottom of the seniority list The driver will be eligible to become a lessee two (2) years from the date of hisher rehiring

The amount set out in sub-Article 2304 shall be increased annually on the date of the plate and stand rent increases set out in Article 27 of this Collective Agreement The annual increase shall be the same as the average of the percentage increase in the plate rent and the stand rent for that year

In the event of the death of a lessee and provided the lessee is up to date with all payments to the Company and has no outstanding amounts owing to the Company whatsoever the lessees estate shall have up to six (6) months from the date of death to exercise the option of succession

Collective Agreement laquoCompanybullbull Page 30

2310

2311

(a)

(b)

(c)

2312

Leasing agreements must be entered into provided they do not conflict with the terms of this Agreement

Without limiting the generality of 2310 in any way whatsoever a leasing agreement shall contain the following provisions

The lease shall terminate automatically for failure to fuHill any term of the lease including but not limited to failure by the lessee to fulfill any financial obligation or failure by the lessee to obtain replacement insurance in the event of cancellation of insurance

The lessee shall be the principal driver of the taxi vehicle which is attached to the taxi license plate

This Collective Agreement between the parties shall be the entire agreement and there shall be no other fee condition or other obligation except those set out in the Collective Agreement

All leased plates shall remain as such and shall not be converted to rental vehicles for the duration of this Agreement provided there are persons willing to leased said plates

ARTICLE 24 GRIEVANCE PROCEDURE

2401 A grievance shall include any issue regarding the interpretation administration application or alleged violation of this agreement It is the mutual desire of the parties that complaints of the drivers be adjusted as quickly as possible To that end the parties have adopted the following grievance procedure

STEP 1 A driver may bring his complaint to the Supervisor of the Members of the Owners Group If the driver does bring his complaint to the Supervisor he must do so within twenty (20) days of the incident or of he having knowledge of this incident giving rise to the complaint Where the complaint is brought forward it must be given to the Supervisor and the Supervisor shall reply within two (2) working days

STEP 2 Failing settlement of the complaint at Step 1 or where the driver has chosen not to avail himself of Step 1 the driver must file the grievance in writing within twenty (20) days of the incident or omiddotf he having knowledge of this incident giving rise to the grievance The grievance must be referred to the Member of the Owners Group claimed to be responsible andor any other person designated by the Member of the Owners Group Grievances shall be dealt with at the Step 2 meeting which shall be scheduled on the 3rd Wednesday of every month This monthly Step 2

Collective Agreement ccCompanyraquo Page 31

meeting shall be one meeting held at the Companys office Where the grievance involves the discharge of a driver the parties agree to meet within ten (1 0) working days of the filing of the grievance A representative of the Union shall be present at all step 2 meetings The Member of the Owners Group must respond within three (3) working days of the meeting

2402 Should a group grievance or a Union or policy grievance develop it shall be filed at Step 2 within twenty-five (25) days of the incident giving rise to the grievance or of the drivers or Union having knowledge of this incident

2403 Failing settlement under the above the matter in dispute may be taken to arbitration in accordance with article 26

2404 Drivers employed by single plate owners and single plate lessees may not grieve matters or disputes arising between the driver and the single plate owner or single plate lessee A committee shall be set up and made up of equal numbers of Uniondriver and Company personnel to assist in resolving disputes between the drivers and single plate owner and single plate lessee The committee shall have the power to determine a procedure to be followed as well as to determine fault and penalties

ARTICLE 25 ARBIrRATION

2501 After exhausting the provisions of the grievance procedure either of the parties may submit a grievance to arbitration either expedited or formal in writing within thirty (30) days of the Step 2 reply or if there is no reply within thirty (30) days after the expiration of the time limits to provide a reply

2502 Unless otherwise mutually agreed by the parties all grievances referred to arbitration not relating to an indefinite suspension a discharge or any separation of employment or to the interpretation of the collective agreement group grievances and policy grievances shall be referred to the expedited process

Grievances referred to arbitration in respect of indefinite suspensions discharge or separation of employment for any reason or to the interpretation of the collective agreement and group grievances may only be referred to this expedited process by the mutual agreement of the parties

2503 Within fourteen (14) days after notice has been given that the grievance will proceed to formal arbitration the parties shall meet and agree on a single arbitrator If the parties cannot agree on an arbitrator within this time limit either party may request the Minister of Labour to appoint an

Collective Agreement laquoCompanyraquo Page32

arbitrator and this appointment shall be binding on both parties In respect of the cost of arbitration of formal grievances the parties shall share equally the fee and expenses of the sole arbitrator

2504 The formal arbitrator shall have the right to exercise all the powers provided by the Labour Relations Act as amended from time to time

2505 The Arbitrator must hand down a written decision within sixty (60) days of the date of the hearing

2506 As an alternative to the formal arbitration process set out in the foregoing paragraphs a grievance may be referred to a previously agreed-upon person who shall hear the grievance and who shall at the conclusion of the hearing give a decision immediately Such decisions may not be used to alter modify or amend any part of the collective agreement and are made without precedent or prejudice to similar or like cases Such a decision shall be final and binding upon both parties and no further action may be taken on that grievance by any means whatsoever

2507 To maintain the efficiency of this expedited process the parties shall schedule a minimum of one (1) day of arbitration every three- (3) months except in those circumstances where either party deems it necessary to schedule the arbitrator more frequently

2508 The parties shall share equally the fee and expenses of the persons selected to hear the expedited arbitration cases

2509 At all expedited arbitration hearings the Company or Member of the Owners Group shall be represented by a member of their management and the Union shall be represented by a Union staff representative or an officersteward of the Local Union

2510 The Union shall forward to the representative of the Member of the Owners Group a list of the expedited grievances to be heard on the day or days scheduled for the hearing of grievances according to the expedited arbitration procedure The aforementioned list shall be forwarded to the representative of the Member of the Owners Group no later than ten (10) working days in advance of the hearing unless otherwise mutually agreed

2511 By exception a party may call one (1) witness at an expedited arbitration

2512 Prior to proceeding to formal or expedited arbitration and at least thirty (30) days prior to the date of arbitration the parties may upon mutually agreement request that any grievance be referred to a mediator to act as a grievance mediation officer for the purpose of attempting to

Collective Agreement laquoCompanyraquo Page33

mediate a settlement of the grievance The parties shall share equally the fee and expenses of this officer

ARTICLE 26 TAXI PACKAGE

2601 The employer shall provide to the rental driver at no extra cost motor vehicle insurance with a collision provision deductible not exceeding $50000 for each accident at fault

The Owners Group shall also provide to the rental driver at no extra cost comprehensive coverage with zero (0) deductible including but not limited to fire and theft It is agreed and understood that comprehensive coverage does not cover driver added equipment

2602 Each rental driver shall be supplied for a daily twelve (12) or twenty-four (24) hour period at no extra cost a roadworthy safe sedan four (4) door taxicab with proper weather resistant tires for all seasons and with a seating capacity for not less than four (4) passengers containing

2701

2702

2703

1 A roof sign 2 A sealed taxi meter 3 A two-way radio 4 A full size spare tire subject to space limitations 5 A tire tool 6 A jack 7 A mike clip 8 A full tank of gas at start date 9 Air conditioning on replacement vehicle where possible 10 An electric rear window defroster or blower

Any equipment owned by the Owners Group that becomes inoperative shall be repaired as soon as possible

ARTICLE 27 RENTAL CHARGES AND TERMS OF AGREEMENT

This agreement shall take effect upon ratification and be binding on both parties for three (3) years and shall continue for annual periods of one year each unless either party gives at least one hundred and twenty (120) days notice that it wishes to amend this agreement

It is agreed and understood that this agreement will remain in full force and effect until amended by negotiations

Rates shall be as follows

Collective Agreement laquoCompanyn Page 34

712011 712012 712013

Stand Rent (monthly) $43900 $45000 $45900

Plate Rent (monthly) $71926 $75000 $75960

Daily Car Rental 24 hr Regular Plated $9700 $9700 $9700

24 hr Accessible Plated $10500 $10500 $10500 12 hr Regular Plated $6700 $ 6700 $6700

12 hr Accessible Plated middot $8300 $8300 $8300

Credit Card Transaction 50 50 50

Debit Card (per) Transaction $065 $065 $065 (To the Driver)

POS Rental Fee (monthly) $800 $800 $800

POS Insurance (monthly) $300 $300 $300

Note The above rates do not include HST

Note For purposes of car rental rates the weekly rents shall be six (6) times the daily rent

Note It is recommended that drivers use Company supplied POS machines and systems

2704 Employees shall pay all monies owed to the Company in the following manner Monthly By the 5th business day of the month

2705 Any employee failing to pay monies by the above dates and times shall be suspended and not reinstated until the monies are paid in full and credited to their account

2706 Employees shall be entitled to pay their rents to the company by company approved charges cash and cheque - provided the employee has at least one (1) year of seniority

Employee(s) who have one (1) cheque returned NSF shall be suspended immediately upon the company receiving notification from the

Collective Agreement ((Company Page35

bank shall lose such privilege for twelve (12) months and shall be charged the appropriate charges

ARriCLE 28 GENERAL

2801 The Company and drivers shall maintain its internal company charge system and accept major credit cards which currently include Visa Mastercard American Express and Diners Cluben Route as approved by the Company

2802

2803

2804

2805

2806

2807

This system shall continue for the duration of this Agreement so long as external factors outside the Companys control do not prevent the Company from doing so Drivers shall be entitled to cash their charges provided they do not have any outstanding balances at the offices of the Company during the hours of 0830am to 400pm Monday to Friday except holidays The Company shall make available to the employees during normal business office hours receipt cards and credit card slips All credit card charges must be authorized

Drivers shall pay a fee of five (5) of all credit card charges that they redeem

Except as otherwise provided in this agreement all passengers shall be treated in a polite professional courteous and businesslike manner at all times by both the Owners Group and the employees

If requested a properly signed receipt shall be furnished by the owner for all payments made by the driver (If requested said receipt shall show a breakdown of all payments made by the driver and the dates for which they apply) For the purposes of this clause a numbered computer receipt shall be deemed to be signed

The employees who own their own vehicles whether or not they own their own license shall have absolute choice as to where their vehicle is to be repaired andor maintained

No employee either full-time or part-time shall abuse or mistreat any vehicle or equipment (ie roof sign radios meters and aerials)

The Owners Group agrees to work with the Union to lobby the City of Ottawa to allocate stands where necessary and appropriate

The Company agrees to provide the Union with the rules covering the stands controlled by concession agreements

Collective Agreement ccCompanyraquo Page 36

bull

2808 Subject to the provision of adequate insurance coverage all car owners shall be free to place a second driver or a third driver on their vehicles should they require without interference from the Company

2809

2810

2811

2812

2813

2814

In the event the Company refuses an individual employment as a second driver or as a third driver the Company agrees that such refusal may be the subject of a grievance and the onus of proof shall rest with the Company to show just cause for such refusal

The parties agree that no vehicle will have more than three (3) drivers at any one (1) time

The Company shall take reasonable steps to maintain all current concession agreements for the duration of this agreement The Company shall take all reasonable steps to obtain additional concession agreements

The Company shall have a phone line separate from the dispatch office so that drivers business people friends of the office staff may call through middot without having to tie up the dispatchers time The separate phone line may be used by the dispatch office during non-business hours

Time-off without rental fees or loss of seniority will be given to those members of the bargaining unit who are called for jury duty Rental driver(s) must park their rental vehicle(s) at the Companys premises should the jury duty go beyond three (3) days

The Company shall maintain a drivers waiting area As well the Company shall allow the drivers to use the telephone in the office for local calls only pursuant to the current past practice

In the event of an assessment to the CompanyOwners Group by WSIB in relation to the provision of WSIB benefits for the Bargaining unit personnel the CompanyOwners group and the Union agree to renegotiate in good faith the rates set out in Article 2703 Where the parties fail to reach agreement on the issue the matter shall be referred to an arbitrator for full and final settlement

When a customer complaint is received by the dispatcher the latter will advise the customer that an authorized representative of the Company will handle the complaint in an expeditious manner Upon request by the Union the Company shall provide a copy of the computer printout and all other relevant information including but not limited to any taped conversation related to the complaint being investigated The privacy of the customer is paramount and will at all times be respected

Collective Agreement ccCompanybullbull Page 37

2901 (a)

(b)

ARriCLE 29 BEREAVEMENT LEAVE

The Members of the Owners Group agree to grant affected employee(s) the necessary time off of up to four (4) days without fees at the time of death of the following relative(s) of said employee(s) father mother spouse (includes common-law) child brother sister mother andor fathershyin-law

The Members of the Owners Group further agree to grant to affected employees two (2) days without fees at the time of death of the following relatives of the employee sister andor brother-in-law and grandparent

ARTICLE 30 SOCIAL JUSTICE FUND

3001 The Company shall pay to the Union an amount of eight hundred ($80000) dollars per collective agreement year with such amounts being made payable to the CAW Social Justice Fund Inc Said amounts shall be paid by separate cheque by the last day of February in each year of this collective agreement A tax receipt shall be supplied to the Company on receipt of said amount

ARTICLE 31 SAFETY BANQUET

3101 The Company agrees to contribute seven hundred and fifty dollars ($75000) to the Unions annual Safety Banquet in each year of the Collective Agreement

SIGNED THIS DAY OF APRIL 15 2012

FORTH~

~~

Collective Agreement laquoCompanyraquo Page38

Collective Agreement laquoCompanyraquo Page39

SCHEDULE 11 A 11 LIST OF THE OWNERS GROUP

Coventry Connections Inc

Collective Agreement ccCompanyraquo Page40

SCHEDULE nan EXISTING CUSTOMS RIGHTS AND PRIVILEGES

1 There shall be no charge for the receipt cards

2 There shall be no charge for credit card vouchers subject to suppliers (third party) availability and conditions Should the Company pursue a course of action leading to Point of Sale terminals which usage will include Debit transactions Decremental Cards and Credit Cards there would be a charge for paper usage

3 The drivers shall choose their own working hours during their shift

4 Reasonable accommodation shall be given to payment of outstanding debts for accident(s) The following minimum payments are required

A) Up to $1 00000 - $ 1 000 per day

B) Over $100000- $2000 per day

Agreed to on the understanding that this does not apply to spare cars

Collective Agreement laquoCompanyraquo Page 41

SCHEDULE C RULES AND REGULATIONS

1 The following articles of clothing are not acceptable forms of attire at OJS

(a) Sweat pants and shorts except for dress shorts Dress shorts will be allowed from April to Labour Day Drivers caught wearing inappropriate shorts will be given one (1) warning and any future occurrence with regards to inappropriate shorts will cause them to lose the right to wear dress shorts for the duration of that season Shorts can be no shorter than three (3) inches above the knees

(b) T-shirts (except Union decaled T-shirt) without lapels tank tops and muscle s1middot1irts

NB Clothing andor other attire with obscenities profanities or sexually degrading remarks are not acceptable Hair must be clean and neat Faces must be clean-shaven or beards neatly trimmed Clothing must be tear and rip free with no visible patches and is to be cleaned and ironed as required Socks must be worn at all times with all types of footwear except for sandals

2 Drivers must be courteous and pleasant at all times and must conduct themselves in a professional business-like manner

3 There is to be no abusive foul language or gestures directed at customers or the general public

4 Consumption of alcohol or drugs will not be tolerated prior to the commencement of a shift andor while driving

5 There wiil be no arguing and fighting among drivers or other DJs personnel under any circumstances

6 No playing of cards or any other games of chance is allowed at any time when working This includes any form of gambling or betting on the air

7 Profanity or abusive language on the air or in your vehicle is prohibited at all times

8 Use of cell phone during the conveyance of a customer(s) is prohibited

9 Each taxicab and driver shall carry at all times a current street guide Drivers are to make proper use of this guide to avoid unnecessary air time

Collective Agreement ccCompanyraquo Page42

10 Deliveries are to be taken directly to the destination Running other fares while occupied on deliveries will not be permitted unless approved by the dispatcher

11 No messages between drivers are permitted Drivers will receive messages to call home spouse office union office partner or garage

In addition When an authorized Union rep asks the dispatcher to have a member of the bargaining unit call them for union business only this will be allowed and if necessary a phone number will be given

12 Picking up a fare while on the way to an accepted dispatch call will not be permitted

13 Drivers must allow 5 minutes wait at the customers pick-up address

14 Drivers shall take reasonable steps to ensure that they pickup only those fares that they are dispatched to Drivers must check with dispatcher for authorization before taking another fare from same address

15 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical breakdown emergency or any other reason(s) not herein listed the dispatcher shall reshydispatch the fare and suspend the driver for one (1) hour

16 Interference or jamming of the radio is a Federal offence and will not be tolerated

17 When necessary drivers must assist customers with handling of baggage and opening and closing of doors

18 No complaining to customers about short fares or time calls A list of regular short fares will be established and such fares shall be dispatched as Locals

19 At customers request music radio and other sound systems except for the twoshyway radio must be turned off

20 Driver must issue a receipt card upon request by customer Drivers signature must be clearly marked in the appropriate place on the receipt card There is no charge for the issuance of a receipt card

21 No new driver is to commence work until he has been briefed by OJS staff in the operating of our charge account system

22 Some of the guidelines in the operation of our charge account system are as follows

Collective Agreement laquoCompanyraquo Page43

(a) All charges are to be signed with car number (eg-DJ70) and date clearly written

(b) If the fare goes to more than one destination these other destinations are to be clearly marked on the reverse side of the chit

(c) Taxi chits to be signed by the customer and dollar value to be clearly marked

(d) Gift certificates which currently have a maximum value of $500 each are to be accepted at face value and change given as required

(e) Drivers must note on back of chit the drop offpick up address if it is different from address shown on face of chit

Drivers are prohibited from buying other drivers charges whether they be DJS drivers or other cab Companys charges Violation of this rule shall result in the following fines

1st offence -2d offence bull 3rd and subsequent offences-

$5000 per chit $10000 per chit $20000 per chit

plus the face value of each chitCredit Card in all cases

The parties agree that the above penalties are specific penalties within the meaning of the Ontario Labour Relations Act An Arbitrator shall not have the power to alter or modify any penalty imposed under this clause

(f) Drivers must accept all major credit cards approved by OJS Taxi

(g) Drivers are responsible for ensuring that all necessary information is clearly marked on charge vouchers as follows

bull Customers name and signature bull Card number (correct number of digits) bull Expiry date bull Drivers signature and car number (eg-DJ70) bull Ensure proper copies of charges are submitted to the Company for

processing bull No hand written major credit card sales drafts will be accepted

23 All cars are to be cleaned inside and out by 1000 am every day with due regard given to road and weather conditions

Collective Agreement Page44

24 All drivers must ensure that they have change for $2000 at all times and will not be removed from the sheet while getting change provided they are not called

25 No taxicab driver shall charge a passenger for

(a) The cost of proceeding to an establishment for change or

(b) Waiting time while a passenger obtains the change provided the bill presented for payment is of $2000 denomination or less

26 No vehicle to be left unattended with keys in the ignition

27 No person(s) unless authorized by the Company shall accompany the driver in the vehicle while heshe is occupied with a paying fare

28 Taxis must not be left unattended on a OJS taxi concession stand for more than ten (1 0) minutes

29 Only au~horized drivers with valid licenses can operate a taxi-licensed vehicle

30 Roof sign must be removed from vehicle when not on duty or involved in an accident

31 ALL DRIVERS ARE ADVISED THAT IT IS AGAINST THE LAW AND OJS TAXI COMPANY LIMITED POLICY TO REFUSE DOG GUIDES IN THEIR CABS REFUSAL WILL RESULT IN FINES AND DISCIPLINARY ACTION BY THE COMPANY

1st offence - 1 week suspension 2nd offence - 2 weeks suspension

3rd offence - Dismissal No longer working under the OJS roof sign

Accommodating Persons with Disabilities

The Management of OJS Taxi wishes to advise all its employees drivers and others operating under the OJS Taxi roof sign of the OJS Taxi policy with respect to blind passengers whether or not they use dog guides

Under the Blind Persons Rights Act of Ontario no person may either deny any person services customarily available to the public or discriminate against any person with respect to services available to the public for the reason that they are a blind person accompanied by a dog guide

Under the Ontario Human Rights Code every person has a right to equal treatment with respect to the supply of services which includes taxi services

Collective Agreement laquoCompanyraquo Page45

bull

without discrimination because of among other things a disability A disability includes any physical impairment such as being blind visually impaired deaf or hard of hearing

Guide Dogs and Taxi Services Many disabled persons are physically dependent on guide animals in their daily activities Canadians who are blind or visually impaired deaf or hard of hearing or who have other types of disabilities such as epilepsy are dependent on guide animals

Accommodation of these individuals necessitates that they be permitted to take their guide animals with them into taxi cabs Refusing to allow them to do so will infringe on their human rights and is against the Blind Persons Rights Act of Ontario and the Ontario Human Rights Code

This notice will simply repeat what should be apparent to you all that if a blind person with or without a dog guide is refused services by any OJS Taxi driver such actions will result in fines to the driver and other disciplinary action including the possibility of suspension by the Management of DJs Taxi Co Ltd

For more information regarding guide animals please review the attached pamphlet and information sheet published by Dog Guides Canada

Any inquiries concerning this policy should be directed to any member of the Management who will if it is required explain the policy to you

32 Drivers are not allowed in the dispatch office

33 All parking tickets will be paid by the rental driver responsible

34 In order to boost with Company owned taxicabs employees must request an obtain instruction from the garage manager or his designee on the proper method of boosting in order to reduce any risk of injury to the driver passenger and damage to the vehicle(s)

In the event of misuse employees at their discretion may be either disciplined in accordance with the principle of progressive discipline or have the option of reimbursing the Company for the cost of damaged parts

35 Any driver operating a taxi while his drivers license or taxi license is under suspension will be disciplined unless the driver can obtain written proof from the Ontario Ministry of Transport andor the appropriate taxi licensing authority that the driver did not receive evidence that hisher license was suspended or cancelled

36 When necessary or requested all elderly andor disabled customers are to be assisted in and out of taxicab at all times

Collective Agreement laquoCompanyraquo Page 46

37 No stealing fares

38 Drivers are not allowed to book no loads and run the fare

39 Drivers cannot refuse dispatched fares subject to article 1304 andor where the driver believes his safety or health is at risk

40 Failure to come to voice after two (2) requests by the Dispatch Supervisor will result in the Driver being suspended in the computer

41 Dispatch staff will not make phone calls for drivers unless it is an emergency situation

42 There shall be no personalization of any fares or trips placed through the Dispatch System of OJS Taxi except for returns east of but not including the Civic Hospital within the same twenty-four (24) hour period Where a return-call has been prearranged through the Dispatch System prior to the initial call being dispatched then the return-call cannot be personalized

43 Drivers will pay monies owed to the company by 400pm on the day that they are due No driver with an outstanding balance will be allowed to book on the sheet until their account is paid in full to the business office This means credited to their account and a receipt issued

44 Dispatchers shall give the line-up every thirty- (30) minutes except for the months of December January and February On implementation of the Computerized Dispatch this clause will be eliminated

45 All deliveries shall be given out as regular calls except where provided in this agreement and all employees shall have the option to refuse to deliver alcohol When a dispatcher requests a driver to call him for information concerning a delivery the dispatcher will first give the delivery address over the radio to ensure the delivery is being dispatched correctly

46 When drivers book out of their cars to attend scheduled complaint meeting appointments they shall be allowed to remain in their spot on the line up queue passed by for fares and treated by the dispatch as if they are no longer on the sheet

When the affected driver returns to his car and books back in he shall be returned to his position in the line up queue and given his next rightful fare

The maximum time a driver shall be allowed to book out for a complaint meeting is one half-hour

Collective Agreement laquoCompanyraquo Page 47

This rule shall only apply if the affected driver does not incur any discipline as a result of the complaint meeting

47 All cabs at DJS Taxi must have a mike clip and the clip must be used Drivers must pick up their mike when communicating

48 Drivers using vans as taxicabs must have and make use of (when requested or required) a portable step to assist passengers in and out of their vehicles

49 All taxicabs must be free of any body damage and any damage must be repaired within ninety- (90) days

50 Roof signs must be kept in good working order and condition with Company approved logo clearly visible front and rear

51 In order to ensure equipment is compatible with computer dispatch system all new radio equipment must be approved by the Company prior to installation

Collective Agreement laquoCompanyraquo Page48

SCHEDULE D CREDIT CARD POLICY amp PROCEDURES

DRIVERS MUST ACCEPT ALL COMPANY APPROVED CHARGES CREDIT AND DEBIT CARDS

DRIVERS MUST HAVE A POINT OF SALE UNIT AND A MANUAL PRINTER PER CURRENT BYLAW CITY OF OTTAWA

Due to the increased use of fraudulent Credit Cards by customers in taxicabs the following procedures have been developed to protect drivers from falling victim to Credit card fraud When accepting Credit cards the following rules must be followed

Credit and Debit Cards- the following rules must be followed

AUTHORIZATION OF ALL DEBIT AND CREDIT CARDS

All Credit Card slips must be authorized regardless of amount Verification is generally done after the fare is completed but verification of an estimated or known amount can be done prior to the completion of the trip if

bull The destination is beyond the radio coverage area bull The driver has reason(s) to suspect the validity of the card

INFORMATION REQUIRED FOR ACCEPTANCE OF DEBIT ANDOR CREDIT CARD SLIP FOR PAYMENT The completed Credit Card slip must contain all the following information

(a) Vehicle Number (pre-printed on POS slip if not to be written by hand at the bottom of the slip)

(b) Drivers ID Number and Initials (c) Amount of fare and gratuity (if applicable) (d) Authorization number (Pre-printed on POS slip) (e) Date of the fare (Pre-printed on POS slip) (f) The Debit or Credit Card must be swiped at all times (in the event that the

receipt does not print imprinting Credit Card only on manual imprinter is acceptable with customers signature but the imprint of the card number has to be clear) In the case of a swiped transaction part of the card number will display per Credit and Debit Card industry rules

(g) Customers signature clearly written (Credit Card only) marked TRANSACTION COPY We will accept the CUSTOMER COPY as long as it has the customers signature Debit POS slips are to be submitted marked TRANSACTION COPY NO SIGNATURE IS REQUIRED

Collective Agreement laquoCompanyraquo Page49

DISPUTES BY A CUSTOMER

Should a debit or credit card slip be disputed by the customer their bank or other financial institution the company will investigate If such investigation proves fraud or error by the driver the driver will be charged back for the full amount of the charge

If the disputed transaction was processed on a non-company unit a $500 plus HST charge plus the value of the charge will be debited to the drivers account The Company will refund the customer for the value of the charge

Should a customer andor driver report that the charge has been approved more than once the Company will investigate The Company does not allow any refunds in the taxicab Drivers can void a transaction but this must be done before Batch Closing the transaction A Void can only be done in the presence of the customer as the card (debit or credit) must be present The driver can then re-swipe the card for the correct amount The Company publishes a toll free number for customers or drivers to call with any concerns about a transaction If a customer has been charged more than once for the incorrect amount the following procedures apply

Credit Card

The Company will verify that the customer was charged multiple times or has been over-charged and issue a refund as necessary The Company will send a copy to the customer upon request All refunds are processed on a Point of Sale unit or Virtual Merchant (on-line) The Company may contact the driver to determine the validity of the customers details

Debit Card

The Company will verify that the customer was charged multiple times or has been overcharged and issue a cheque refund as necessary The Company keeps a copy of the cheque issued

GENERAL INFORMATIONGUIDELINES

1 If the driver has overcharged the customer and has been paid the incorrect amount the Company will adjust the drivers account and provide a receipt The Company maintains a log in the even there is a dispute by the driver or the customer If the driver reports the overcharge that is logged on a Customer Incident Form which has a Control Number

2 Hand written Credit Cards will not be accepted All Credit Cards must be passed through a manual imprinter which clearly shows the full credit card number If the credit card number is not clear and cannot be authorized

Collective Agreement laquoCompany Page 50

the driver will face debitchargeback of the amount as it cannot be authorized

3 The only Credit Cards accepted by Taxitab a division of Coventry Connections Inc are

i Visa ii Mastercard iii American Express

Note Visa Mastercard and American Express all issue prepaid credit cards these are all accepted

4 Taxitab a Division of Coventry Connections accepts Debit Cards for Canadian Financial Institutions Debit Cards for foreign banks may not

work on the unit Visa Mastercard have commenced issuing Debit Cards these are all accepted These cards are clearly marked on the face of the card with the Visa and Mastercard logos

5 The following items are to be checkedverified by the driver upon presentation of a Credit Car (a to d) Debit Card (d only)

CHECK LIST

(a) Expiry Date Ensure the card is valid Check to be sure that the Card is not being used beyond the expiry date printed on the card If the card is expired refuse to accept it

(b) Altered Cards Check to see if the card has been noticeably altered in any way If it has been refuse to accept it

(c) Card holders name and signature Check that the signature on the Credit Card slip is the same name printed on the card At the same time check that the signature is the same as the signature on the rear of the card If there is no signature on the rear of the card ask the customer to sign it as you are required to check this

If in doubt ask to see some other form of identification (preferably one with a picture and signature) that ensures that the person using the card is who they say they are

(d) Amount of fare and gratuity (if applicable) The amount of the Debit or Credit card slip must be equal to the amount of the fare and the gratuity (where applicable) Each amount should be entered in their respective places and only by the customer unless otherwise directed In the case of a Debit Card customer must always enter their PIN number to

Collective Agreement ltbullCompany Page 51

authorize the card Drivers must remind customer that the TIP field comes first followed by the PIN number

(e) $150 Surcharge

Debit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated by the City of Ottawa By-Law The $150 charge is prompted by the point of sale unit automatically The Driver receives 65cent of the $150 for every transaction

Credit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated in the City of Ottawa By-Law The $150 charge is NOT prompted by the point of sale unit automatically The driver adds the $150 to the metered amount and enters this total in the base amount field

6 CAUTIONS

7

(a)

(b)

(c)

Bank Card only have the Bank name on the card

Credit Cards are identified by the VISA MASTERCARD AMERICAN EXPRESS OR DINERS CLUB-ENROUTE symbols Only Cards with these symbols will be accepted

Credit Cards will have a holographic image on the face of the card

CASH ADVANCES

The use of Credit Cards for cash advances in the taxicab is not permitted Credit Cards must only be used in the taxicab for paying for an actual fare Anyone using a Credit Card in a taxicab to obtain cash advance is most likely using a stolen or fraudulent card

8 OUT OF TOWN FARES

For the drivers protection it is suggested that for fares going out of town and the customer wishes to pay by Credit Card it is recommended that the driver authorize the fare at the beginning of the trip (dispatcher can give an estimated amount) If there is a difference process the difference at the end of the trip There is a pre-authorization feature available for Credit Card only on the Point of Sale unit The Company can activate this on driver request but the driver must be

Collective Agreement ccCompany)) Page 52

bull

9

given correct training for this There are several steps involved with pre-authorization that must be followed before batch closing

BATCH CLOSING

Drivers must close transaction in the terminals at the end of their shift Credit Card authorizations only remain in the terminal for five (5) days after that the processor closes them automatically Drivers must batch close all credit cards no later than four (4) days in order for the items to appear on the batch close report

Batch Close reports will print separately for Debit and Credit Cards and list the details of the transactions in the terminals showing the card type and the last four (4) digits of the card involved This Batch close cannot be reprinted drivers must hold on to them Attach the slips to the Batch Close and bring to the cashier The cashier will verify the attached slips are on the batch close and proceed to pay or credit the driver assuming all slips are authorized and complete (as discussed above under (1) Authorization Procedures)

The following circumstances regarding Batch Closes will apply

(i) Batch Close with All Debit and Signed Credit Card slips- Driver will be paid or credited at time of presentation at a cashiering station

(ii) Batch Close- No Debit Slips if the batch close shows a Debit Slip and the driver has misplaced or lost the slip the Driver will be paid or credited at the time of presentation at a cashiering station

(iii) Batch Close No Credit Card Slip- No Slip No Payment at time of cashiering (driver is to go to Driver Admin in this instance) If the driver has a signed manual slip and the last 4 numbers of the card match those on the batch close the slip will be accepted by the cashier

NO BATCH CLOSE REPORT -If a Driver has lost or misplaced Batch Close report the Driver is to go straight to Driver Admin (not cashiering) The Driver is to bring the receipts (if there is a credit card slip with no signature there is a separate procedure for this below) he has for which he has not batch close Driver Admin will initiate a Batch Close Incident Report which has a Control Number for future reference The Procedure is as follows

(i) Driver Admin to Photocopy all Slips and write the Control from the Batch Close Incident Form on the photocopy and date the sheet The

Collective Agreement ccCompanyraquo Page 53

bull

bull

Driver is to keep this in the event of a dispute or apparent nonshypayment in account

(ii) Driver Admin will complete the top copy of the report attach a copy of the slips The Driver will complete the bottom part of the report and sign it

(iii) Management will need 72 hours (three business days) from the date of Incident Report to investigate the transaction has been settled in the POS unit

(iv) Providing Management confirms the transaction is complete the slips will be credited to the Drivers account and a receipt will be printed A copy of the receipt is attached to the Batch Close Incident Report The Control from the Form is entered when the the amount is credited for reference A receipt can be printed at that time by cashier

(v) In the event that a driver does not have a Batch Close and presents a credit card slip with no signature the following will apply

(vi) If the Driver experiences a problem with the Batch Close or operation of the unit the Driver is to bring the unit to the office during normal hours Management will investigate the issue and call Driver to reshyissue the unit completing paperwork for the replacement unit which the driver will sign

Any driver attempting to defraud a customer by processing a debit or credit slip more than once will be terminated

Collective Agreement laquoCompany)) Page 54

bull

bull

SCHEDULE E STOLEN FARE POLICY

Whenever the Dispatch Supervisor receives a complaint that a fare either dispatched to the complainant or from within the same block of taxi standconcession on which the complainant is parked has been stolen and the identification of the accused is made known the Supervisor shall

(a) Bring the accused to voice and notify himher of the allegations

(b) Inform the complainant that a deposit of forty dollars ($4000) must accompany his accusation and to be deposited within one (1) hour of the complaint Where applicable inform the complainant that the accused wishes to challenge the allegations and the date and time of the hearing shall be known to both parties

(c) A failure of either party to attend the hearing will result in an additional fine of forty dollars ($4000) to be paid within sixty (60) minutes of the conclusion of the hearing or a suspension ob the absent party until payment is received

(d) Inform the accused of the available options

(i) Arrange for repayment of the fare in its entirety to a minimum of forty dollars ($4000) to the complainant a Union representative or the Company on behalf of the complainant within sixty (60) minutes or

(ii) If the allegation is being denied and the accused wishes to refute it forty dollars ($4000) must be deposited at the dispatch office within sixty (60) minutes with a notification to the Dispatch Supervisor that the allegation is being challenged

Where the accused fails to respond to two (2) voice messages or refuses to comply with (c) the accused shall have dispatch services suspended until in compliance or the Company receives instructions from a Union Representative to do otherwise

The penalty for a wrongful accusation is the payment of forty dollars ($4000) to the accused by the accuser in addition to the return of the accuseds deposited payment

It is understood and agreed that the action(s) of the Dispatch Supervisor(s) in the compliance of this Policy is not to be construed as a determination of who is the guilty party In all disputes regarding stolen fares the Committee shall make the final determination with respect to guilt

Collective Agreement laquoCompany Page 55

bull

bull

Note Such fare(s) will not be considered as Stolen Fare(s) if picked up by driver(s) arriving on the Concession(s)Taxi Stand(s) prior the driver(s) who accepted the dispatched fare(s)

Collective Agreement ((Company Page 56

bull bull

APPENDIX 1

PLATE CAR LESSEE IND START LESSEE START

1 1027 5027 ADAM GRANT 1 91111986 111987

2 1015 5015 TIMS VAUGHN 411995 411995

3 1043 5043 MARTON FERENC G 10251995 10251995

4 1050 5050 DUBOIS JOHN 12111994 311996

5 1048 5048 SUNIL JOSHI 1111994 711996

6 1030 5030 SLIM MOHAMED 711996 7111996

7 1041 5041 JAMALEDDINE ZAHER 911996 911996

8 1040 5040 MAHEUX FRANK 11151996 181997

9 1109 1 5109 ASTLEY JAMES 1011994 1131997

10 1045 5045 MELHEM SAMIR 1211996 9211997

11 1028 5028 LABINE ANTHONY 10151980 11281997

12 1054 5054 ELmiddotNEMER NEMER 11131997 21271998

13 1113 5113 WEAGANT BROCK C 82211988 3131998

i

14 1039 5039 SOBH HAC HEM 11171997 5111998

15 1044 1 5044 MOUFARREJ RAYMOND 10241996 1161998

16 1042 5042 MCCONVILLE BILL 311992 11111998

17 1107 5107 GIANNAKOS LOUIS I 9111997 491999

18 1026 5026 VERMA LALIT 51261996 5311999

19 1033 5033 MITCHELL BRUCE 111987 9301999

i

20 1108 5108 PAPPAS CHRISTINE 121111991 1041999

rmiddot 1014 5014 NYTRA BEDRICH 961996 3302000

22 1000 5000 ABOUmiddotARRAG SAM I 611997 7132000

23 1038 5038 MUNROE JOHN 1111977 492001

24 1022 5022 RADULESCU GELU 611999 5232002

25 1139 5139 HASSOUN I MOUFID 71211999 8152002

26 1006 5006 SADER I GHASSAN 6211999 292004

27 1029 5029 CLAYTON GREG 911980 21132004

Collective Agreement ccCompany Page 57

bull

28 1034 5034 IBRAHIM 12301995 4302004

29 1037 5037 ABDALLA HASSAN I 3312000 2202006

30 1010 5010 HASSOUN AD NAN 8272001 312006

31 1031 MASSOUD 1241998 312006

32 1 1o35 5035 JANCO 911992 362006

1 33 1036 5036 SINGH BALWANT 92211999 3172006

Collective Agreement ltltCompanyraquo Page 58

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 17: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

hundred and sixty (160) the Company shall increase the number of call takers to two (2) having priority to respond to DJs calls at all times

1225 A list of persons and addresses owing money to drivers for fares not paid shall be compiled by the Company and kept in the dispatch office at all times No requests for taxicabs or specialty services excluding school and contract runs shall be dispatched to these persons andor addresses until the monies owing are paid

1226 Dispatchers phone staff and supervisors shall not remove falsify alter any request for taxicab service placed with DJs taxi dispatch service

1227 The Company shall ensure that dispatchers phone staff or supervisors shall not accept money or other forms of favour or inducements from any person where the objective of such payment is the granting of preferential treatment to any individual in respect of dispatch services

1228 When a call back is received after the lead time of the call in question the dispatch supervisor will send two 2) voice messages at least one (1) minute apart for the driver to come to voice If the driver fails to respond the call will be re-entered as a local call and if said driver is booked into the system heshe will be suspended until there is a response Drivers failing to go on or being late on their calls will be further disciplined in accordance with progressive discipline

1229 The Company shall discipline any driver who assigns a dispatched fare to another driver

1230 (a) The discipline or discharge of a driver who has completed hisher probationary period shall be grievable in accordance with Article 24 of this Agreement The Company agrees that it shall apply the principle of progressive discipline However the Company reserves the right not to apply the principle of progressive discipline for certain offences based on their severity

(b) The Company shall discipline any driver as follows for the specific offences listed below

i) Assigns or redirects a dispatched fare to another driver operating under the OJS roof sign as follows

a) 1st offence- 1 shift b) 2nd offence- 2 shifts c) 3rd offence - 3 shifts

Collective Agreement laquoCompanyraquo Page 15

(ii) Cancels a fare already inputted into the Ziptrack Dispatch System as follows

(a) 1st offence- 1 shift (b) 2nd offence - 2 shifts (c) 3rd offence- 3 shifts

(iii) Telephones the Ziptrack Dispatch System with an illegitimate call as follows

(a)

(b)

(c)

1st offence - 2 shifts and $2500 to the affected driver pajable by the offending driver 2n offence - 4 shifts and $2500 to the affected driver payable by the offending driver 3rd offence - termination of employment

(iv) Assigns or redirects a dispatched fare to another driver operating under another roof sign as follows

(a) 1st offence- termination of employment

For purposes of this provision one (1) shift is a period of twelve (12) consecutive hours for a twelve (12) hour driver and twenty-four (24) consecutive hours for a twenty-four (24) hour driver

1231 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical break down emergency or any other reason(s) not herein listed the dispatcher shall re-dispatch the fare and suspend the driver for one (1) hour

1232 Definitions

Accessible call means a valid request for an accessible taxicab by a person with a wheel chair or is otherwise defined by any statute or regulation thereof

Accessible Driver means a driver who is qualified to drive an accessible taxicab under the applicable By-laws of the City of Ottawa

Accessible Plate means a licence for an accessible taxicab that is issued to a person who has qualified to hold an accessible licence under the applicable By-laws of the City of Ottawa

Collective Agreement laquoCompanyraquo Page 16

middotAccessible Taxicab is a taxicab which is designed to accommodate one or more individuals who require the use of a wheelchair without the need to transfer the individual from the wheelchair which vehicles are otherwise subject to federal and provincial legislation applicable to the transport of Physically Challenged Persons and in respect of which an accessible plate has been issued

Attribute means in respect of a vehicle the association with that taxicab in the Ziptrack dispatch software system of a special feature (or restriction) for that vehicle required for specific types of fares

Call means a request for taxi service received by Ziptrack by a telephone call to the DJs Taxi number 829-9900

Cover or Covered as applicable to a fare means there-dispatch of a previously accepted fare at the request of the accepting driver for valid reason (mechanical breakdown accident or other emergency) in accordance with normal dispatch procedures

Taxi Stand means a space on private property for taxicabs operating under the DJs Taxi roof sign specified under an agreement between Coventry Connections Inc or Ziptrack Inc or a space specifically designated as a taxi stand from time to time on a public street or other public space by the City of Ottawa

Accessible Vehicle Dispatch

(a) It is agreed that calls placed through the dispatch system for an accessible taxicab shall be dispatched only to accessible taxis defined by the dispatch system as an Attribute Where there are no accessible taxicabs booked into the dispatch system and available to accept a call such call shall be displayed as being available on the fare broadcast screen

(b) An accessible taxicab may be dispatched as a standard sedan taxicab at anytime that it is not dispatched on an accessible fare An accessible taxicab shall not be given priority for any type of fare other than an accessible fare An accessible taxicab shall be booked off all zones when any fare is accepted or rejected

(c) The driver of an accessible taxicab is not authorized to reject an accessible fare if he is booked on the dispatch system or is in a queue at a taxi stand or company concession Failure to accept an accessible fare shall be deemed a rejection of an accessible fare and shall be subject to discipline

Collective Agreement ccCompany Page 17

1301

1302

1303

1304

(d) In the event that a driver of an accessible taxicab who has accepted an accessible fare requests to be covered and where such request is granted the driver shall be booked off the dispatch system for a minimum of one (1) hour or until the fare is covered

(e) The driver of an accessible taxicab that rejects or is deemed to have rejected an accessible fare under paragraph (c) above shall be booked off the dispatch system until one ( 1) hour after the accessible fare has been accepted and or service (the record of which not withstanding sub-Article 908 of the Collective Agreement shall be kept for five (5) years

(f) All accessible calls shall be masked by ACCESSIBLE FARE WAITING

(a)

(b)

(c)

(d)

(e)

ARTICLE 13 EMPLOYEES DUTIES

All employees shall perform their duties in a business like professional and courteous manner and shall not use abusive language on the air to customers or to Owners Group Staff

All employees shall be neatly dressed well groomed neat and clean in personal appearance

All employees shall give a receipt on the authorized form of the Owners Group showing the date car number and drivers name when requested to do so by the passenger or whenever there is a dispute over the fare

Subject to the above and except when he has a previous engagement ttle employee shall serve the first person requiring the service of his taxicab except when the prospective passenger

Is disorderly or abusive or poses a health or safety risk In cases of disputes involving intoxication andor health and safety risk and while the well being of the driver is of paramount importance extreme caution and sound discretion must be exercised prior to any refusal At all times the nature of the business that being a service Industry must be borne in mind so each and every situation must be measured on its own merit by the driver

Is in possession of an animal other than a Guide Animal or

Refuses to state his final destination upon entering the taxicab or

Has not paid a previous fare or

Refuses to pay in advance for flat rate out of town trip(s) or

Collective Agreement laquoCompanyraquo Page 18

(f)

1305

1306

1307

1308

1309

(a)

(b)

(c)

Has called two (2) cab companies for the same fare

In the event a driver discovers a lost object in the taxicab he shall immediately advise the dispatch supervisor of his findings with a description of the object an approximate idea of who might have left said object along with the pick-up and drop-off addresses of the customer if possible

Within twenty-four (24) hours of an objects discovery the driver shall take said object to the nearest Ottawa police station or to the Ziptrack Inc dispatch office at no cost or when directed to do so within the above mentioned twenty four (24) hours A receipt for said object will be issued if requested

Subject to Article 1305 should the customer wish the immediate return of the lost object the dispatcher shall notify the customer of the approximate metered cost of return from the location of the driver at that time and the employee shall return the object immediately to the customer at the standard metered rate

No employee shall be forced to violate a Municipal Provincial or Federal Law or regulation in the performance of ~1is duties

The Company shall provide the drivers with a list of all current flat rates Upon any changes to said list a new list shall be issued within thirty (30) days following such changes

No person(s) who will be driving under the DJs roof sign except for rehires who have been absent for less than three (3) years shall be hired or permitted to commence employment until

Heshe has successfully passed the test which the Company shall devise and administer with regard to the operation and knowledge of the taxi related Industry Said test shall include but not be limited to the knowledge of the Ottawa-Carleton area but with an emphasis on the areas directly affected by this collective agreement

Orientation by the Operations Manager or his designee on the DJs Taxi charge system

Heshe has been given a six (6) hour in-car training session This session will comprise of accompanying the prospective employee for a period of six (6) hours to learn the stands customer relations specific to DJs Taxi two-way radio booking practices and a general familiarization with the DJs environment The cost associated with this in-car training session shall be

Collective Agreement ccCompanyraquo Page 19

$10000 and said cost shall be borne by the prospective employee Failure to pass any portion of this test shall result in a fourteen (14) day waiting period before the applicant will be allowed to re-do the portion(s) of this sub-article which heshe has failed The cost associated with re-doing a) or c) will be $5000 while re-doing both would be $10000

During this waiting period the applicant will not be allowed to operate under the DJs roof sign No person operating a taxicab under the DJs roof sign will be assigned any duties associated with this sub-article

Tests are given on the first and third Mondays of each month on a first come-middotfirst serve basis by appointment Failure to attend for a scheduled date and or time will result in the forfeiture of the appointment and a new date will be booked on a first available basis only

ARTICLE 14 TECHNOLOGICAL CHANGE

1401 Technological Change means but is not limited to the introduction of changes to the present systems the introduction by the Company of additional radio channels computerized dispatching systems or any other mechanical electrical or other system including but not limited to fuel systems at no cost to the drivers

1402 In the event of any technological change the Company shall notify the Union in writing at least ninety (90) days before the introduction of such changes unless prior discussions with the Union have occurred

1501

1502

1)

2)

3)

ARTICLE 15 SENIORITY

Seniority shall be applied in determining layoffs preference for time off and recall from lay off as set out in other provisions of this agreement

Prior to being offered employment an individual shall be required to present to the Member of the Owners Group and the Company all relevant documentation namely

Valid Ontario or Quebec Provincial drivers license with a current provincial driving record with no more than six (6) demerit points at such time and if applicable has been pardoned for any prior conviction for impaired driving

Applicable Taxi Drivers License

Original copy of a Motor vehicle drivers abstract no older than twentyshyeight (28) days

Collective Agreement laquoCompanyraquo Page 20

4) Letter from previous or present insurer (where possible)

5) Work permit if applicable

6) Proof of Union membership

7) Social Insurance Numbercard or verification from appropriate federal government department of such number

8) A clear Police Criminal Record check no older than twenty-eight (28) days

9) Training as set forth in 1309

The above requirements do not apply to a driver who changes status or moves between Members of the Owners Group or Single Plate Owner or Single Plate Lessee provided the driver does not go more than thirty (30) calendar days without being registered on a taxicab except by reason of a proven medical illness Requirement 9 above does not apply to a driver who had previously driven under the DJs Taxi roof sign within the previous twelve (12) months Nevertheless each driver is required to register such changes with the Company To facilitate the drivers ability to register such changes the Company office shall be open from 830 am to 200pm daily except Saturday Sunday and Statutory Holidays

1503 The Owners Group shall recall laid off employees in the reverse order of lay-off

1504 A driver injured or ill should notify the Company and the Union within two (2) weeks of his absence and should arrange to provide a detailed mediqal certificate as evidence of injury or illness and an estimated time of return signed by a doctor in order to preserve his seniority Only an employee returning from an absence of eighteen (18) months or less due to injury or illness shall be returned to his previous vehicle provided that said vehicle is still working as a taxicab if it is not he shall be returned to another vehicle on the same shift he had prior to his injury or illness

A driver replacing another driver who is on sick leave shall be notified of his status by the Owners Group and the Owners Group shall notify the Union of all details

An employee returning within 30 days from an absence due to injury or illness shall be returned to his previous vehicle provided said vehicle is still working as a taxicab and if it is not heshe shall be returned to another vehicle

Collective Agreement laquoCompanyraquo Page 21

1505

(a)

(b)

(c)

(d)

An employee returning to work after thirty (30) days but less than eighteen (18) months from the commencement of hisher injury or illness shall be returned to work displacing the most junior driver driving with the individual member of the Owners Group

Clarity Note (i) A twelve (12) hour driver returning from illnessinjury shall be returned to a twelve (12) hour shift car by replacing the most junior driver driving Should the most junior driver be driving a twenty-four (24) hour car heshe would then be offered the shift remaining after the returning driver has chosen

Clarity Note (ii) A twenty four (24) hour driver returning from illnessinjury would replace the most junior driver and assume hisher shift

Clarity Note (iii) Returning employees shall be given the first available car corresponding to their previous shift

An employee shall lose seniority and as such will cease to be an employee upon

Voluntarily quitting or resigning

Being discharged for just cause and not having been reinstated through the grievance or arbitration procedure

Failing to rent an available vehicle when duly notified of same while on layshyoff except or for certified medical reasons

Being laid off being without a valid work permit or being without a valid Provincial drivers license or appropriate Municipal taxi drivers license for a length of time equal to that employees seniority or twelve (12) months whichever is less

ARTICLE 16 COMMITIEES

1601 A UnionManagement committee shall be appointed consisting of up to three (3) representatives from the Union and up to three (3) representatives from the Company This committee shall meet every six (6) months for the purpose of discussing matters of mutual concern

1602 A safety committee consisting of at least two (2) representatives of the Union and two (2) representatives of the Owners Group shall meet at a mutually agreeable time frame upon the request of either party within thirty (30) days for the purpose of discussing matters of mutual concern Minutes will be kept of each meeting

Collective Agreement laquoCompany Page22

1603 A rules committee consisting of up to three (3) representatives of the union and of up to three (3) representatives of the owners group shall meet at a mutually agreeable time frame upon the request of either party within thirty (30) days for the purpose of negotiating changes to existing rules and for discussing any new rules prior to their implementation

1604 To address advertising the parties agree to establish an Advertising Committee of equal representation to meet at mutually agreeable times upon request of either party within fifteen (15) days of notice being given by either side The Committee shall be responsible for a budget of $2625000 over the term of this collective agreement which sum shall be spent to advertise and promote the DJs business

The parties must agree when and how the advertising will be allocated However the parties agree that advertising would include

bull Flyers bull Newspaper Ads bull Promotional Items (eg fridge magnets) bull Radio

ARTICLE 17 SAFETY AND HEALTH

1701 It is understood and agreed that driver safety is important to the individual employee and to the industry as a whole The Owners Group and employees agree to exercise their rights and to fulfil their obligations in accordance with this understanding The Owners Group will continue to encourage and welcome safety recommendations for the safety and health of drivers during their working hours

1702 The employer shall supply only safe and roadworthy vehicles and the equipment contained therein and the vehicles themselves shall be maintained in good working order Each rental vehicle shall meet the mechanical fitness standards as defined in Provincial legislation

1703 The Company agrees to pay the premiums to an insurer chosen by the Company to provide term life insurance coverage in the amount of ten thousand dollars ($1000000) for all employees provided that the affected employee has a minimum of one (1) year seniority under the DJs Taxi roof sign and is actively working on the day he attains this one ( 1) year seniority

All claims and payments shall be in accordance with the terms of the master policy of the insurer and the Company shall not be liable for any

Collective Agreement laquoCompanyraquo Page 23 middot

bull

non payment by the Insurer This insurance coverage will not be provided to any driver who is 65 years or older at any time during this agreement

The Company shall aid in collecting monies by allowing a cash donation box to be set up at their office for driver(s) involved in serious accidents The Company shall not be responsible for said box

1704 The Company shall supply a safety shield for the company owned rental vehicle when requested by that driver

All rental drivers who request a shield must continue to operate on a vehicle that is equipped with a safety shield so long as said driver is operating under the DJs roof sign provided one (1) is available Company rental drivers working with a shield shall have the option of refusing to operate any spare rental vehicle not equipped with a safety shield However once a driver accepts a spare rental vehicle not equipped with a shield he will be deemed to have given up his right to exercise this option on the same shift

ARTICLE 18 WORK WEEK

1801 The Owners Group agrees that the employees shall determine their work week subject to the provisions of this agreement

1802 The Owners Group agrees that the work week shall be based on seven (7) days

1803 Rental drivers shall pay their weekly rental over six (6) days and have the use of the vehicle for seven (7) days

1804 Stand rents for car owners shall be calculated weekly paid monthly or weekly at the discretion of the employee but limited to one change in the payment structure per calendar year Any reduction is to be calculated on a weekly basis and there shall be no reduction given for anything less than seven (7) consecutive days off except where provided in this agreement

1805 Shifts shall be mutually agreed upon by the partners on the vehicle and in case of dispute shifts shall commence at 400am and 400pm The change-over location shall be mutually agreed to by the partners on the vehicle and in case of dispute change over shall be at the Companys office

ARTICLE 19 STATUTORY HOLIDAYS

Collective Agreement laquoCompanyraquo Page 24

1901 (a)

(b)

All rental drivers (12 amp 24 hours) of the Owners Group shall be entitled to the following days off provided that they have worked more than three (3) consecutive months under the Companys roof sign

All single plate owners (SPO) and single plate lessees (SPL) shall be entitled to the following days off provided that they have completed three (3) months of service under the Companys roof sign and they shall not be charged plate rent or stand rent for said statutory holidays

Employees meeting the criteria outlined in (a) and (b) above shall be given credit for said days whether they choose to work or not Credits for statutory holidays shall be given at the time that payment is made for the period covering the day of the holiday

New Years Day Family Day Good Friday

Victoria Day Canada Day Labour Day

ARTICLE 20 TIME OFF

Thanksgiving Day Christmas Day Boxing Day

2001 All rental drivers (12 amp 24 hours) shall be entitled to four (4) weeks annual time-off

All single plate lessees (SPL) shall be entitled to five (5) weeks annual time-off for which they shall not be charged stand rent for time-off taken During said time-off heshe shall not be charged plate rent for the first four (4) weeks

All single plate owners (SPO) shall be entitled to seven (7) weeks annual time-off During this period they shall not be charged stand rent

SPOs and SPLs outlined above will be granted their requested time-off entitlement provided they have no balance owing and provided that a minimum of one (1) week written notice is given to the individual Member of the Owners Group (MOG) and the Company and provided further that said drivers have a minimum of one (1) completed year of uninterrupted service under the Companys roof sign

In cases of accidents and major breakdowns involving SPO and SPL no notice period will be required for time-off and credits for such time-off will be based on daily increments

Where a SPOor a SPL has used all hisher allotted time off and said SPO or SPL has an accident or major breakdown heshe will be given up to a maximum of ten (1 0) additional days of time off and during said time

Collective Agreement laquoCompanygtbull Page 25

heshe shall not be charged any stand rent subject to proof of inoperability of the vehicle being provided

In the case of SPOs and SPLs extended time-off will be allowed for overseas trips All rents must be paid in advance to cover the time off for the extension

Explanation Car owners time off is only when the car is off the road If the SPO or SPL puts a driver on the car it is not considered part of this time off

2002 Single plate owners and single plate lessees will be responsible for arranging for time off for their drivers

2003 Time off may be taken weekly or bi-weekly at the employees discretion Provided further where the employee has taken a minimum of one (1) week heshe may take additional days) of less than weekly increments) in conjunction with the one 1) week

2004 Time off must be taken during the calendar year and cannot be accumulated over more than one calendar (1 year

2005 The MOG SPL and SPO agree that roof signs taxi plates and all other items (computer equipment will remain with the Company during the employees time-off and in the case of rental drivers the rental vehicle will be returned to the vehicle owner

ARTICLE 21 INSURANCE

21 01 Every car owner has the right to obtain insurance from the broker or Company of their choice without interference from the Owners Group

2102 The Owners Group shall upon written request from an employee who is presently insured by a member of the Owners Group provide written details of claim settlements and accident records

2103 The Company shall provide at no extra cost motor vehicle insurance coverage with collision provision deductible not exceeding $75000 or the cost of repair whichever is less for each at fault accident

21 04 The Company shall provide at no extra cost comprehensive coverage with zero deductible including but not limited to middotfire and theft It is agreed and understood that comprehensive coverage does not cover driver owned equipment

Collective Agreement Page26

21 05 The Company shall provide accident benefit coverage as set out in the OAP 1 of the Ontario Automobile Insurance Act and shall abide by the guidelines and statutory conditions as set out by the Insurance Company with whom the Company is insured

2106 With respect to Articles 2103 2104 and 2106 above which applies to accessible shift vehicles only) the Companys obligation is to provide insurance coverage only Any determination of whether a driver is entitled to insurance benefits andor whether a claim shall be paid or denied in any given situation shall be the sole and exclusive responsibility of the Insurance Company

2107 A driver who is insured through the Company shall provide the Company with a Motor Vehicle Drivers Abstract one month before the annual renewal of the Companys insurance policy A driver shall provide additional Motor Vehicle Drivers Abstracts as requested by the Insurer

21 08 The Companys insurer may judge a driver to be a high risk and may assess a surcharge accordingly A driver who is found tomiddot be a higher risk will bear the cost of any such surcharge

21 09 A driver insured by the Companys insurer who is involved in an accident shall regardless of whether he or she was at fault notify the dispatcher immediately The driver shall indicate whether the accident should be reported to the police and whether the customer or driver require medical attention Following notification of the dispatcher the driver shall remove the roof sign from the vehicle and record to the best of his or her ability all relevant information The driver shall bring the relevant information to the office within 24 hours of the incident excluding weekends and holidays)

2110 Drivers are responsible for the replacement of all lost or stolen antennae andor roof signs

2111 The Company shall pay the full El payments for all rental drivers In the event of an increase in the premiums during the life of this Collective Agreement drivers shall pay the drivers share of the increase

2112 All drivers who are insured through the Company obtained insurance must sign the Companys insurance agreement prior to commencing work The Company shall provide insurance agreements with no more than a $75000 deductible to be paid after the accident The amount shall be paid at the rate of $1000 per shift until fully paid

Collective Agreement ((Companyraquo Page27

ARTICLE 22 TAXI PLATE SALES

2201 1 Members of the Owners Group shall be able to sell plate(s) in the following manner

2202

(a) A notice of its intent to sell plate(s) shall be posted and announced over the dispatch system for a period of three (3) days and shall be offered to the lessees and rental drivers in the bargaining unit

(b) Where there is more than one interested applicant the plate(s) shall be offered based on seniority and plates sold shall be the plate of the most junior lesseedriver

Where the sale will result in the layoff of a driver that driver shall be recalled prior to any new hires by all Members of the Owners Group

2 Where there are no applicants the Member of the Owners Group will sell the last leased plate at their discretion Any driver laid off shall be recalled prior to any new hires by all members of the Owners Group

3 Sale of More Than One Plate at One Time

4

5

The Owners Group has the right to sell to whomever they choose provided that no one is displaced

In the event that the most junior lessee is displaced as a result of the sale of the plate the Company agrees to pay to the displaced lessee no more than fifty-five thousand dollars ($5500000) in the first year of this Agreement and according to the succession plan as outlined in article 23 for the following years of this Agreement This would apply only if the said lessee has complied with the succession plan as per article 23

An individual Member of the Owners Group shall not require any of his drivers to give up their rights under this Agreement and work under another roof sign without the drivers written consent given before a Notary Public for Ontario The Union shall be supplied with copies of the consents

In the case where a Member of the Owners Group is leasing a taxi plate and the Member of the Owners Group has a car under this plate and this vehicle is then rented out on a 12 or 24 hour rental this article then does not apply The Owners Group cannot be held responsible for any damage or compensation that may arise from the actions taken by the 3rd party

Collective Agreement laquoCompanyraquo Page28

2301

2302

2303

1

2

3

4

ARTICLE 23 SUCCESSION AND TAXI PLATE LEASES

Definition

The process by which the lessee of a Company-owned taxi license plate having determined that heshe wishes to retire andor otherwise terminate hisher relationship with the Company and having officially notified in writing both the Union and the Company of hisher intention to do so offers the opportunity to hisher driver to be the lessees successor all in accordance with the conditions sot out in this Article

In order to be eligible to offer a lease for succession the lessee must have been a party to a valid taxi plate Leasing Agreement with the Company for a minimum of one (1) year and have two (2) years of continuous uninterrupted service operating a taxi vehicle under the Companys roof sign The lessee must also be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

In order to qualify as a successor the driver must be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

An offer for succession shall follow the following order

No offer for succession can be made until the day after the final version of the seniority list as outlined in Appendix 2 has been agreed upon and signed-off by the Parties

The lessee must notify the Company and the Union in writing of hisher intention to exercise the option of succession and the projected date of the succession

The taxi plate lease shall be offered to the lessees current driver (if any) who shall have thirty (30) days to reject or accept the succession

If the offer is rejected or thirty (30) days have passed since the offer was made the taxi plate lease shall be offered to the drivers who are not single plate lessees (SPL) or a single plate owner (SPO) on the seniority list who shall have thirty (30) days to reject or accept the succession

Collective Agreement ltltCompanygtgt Page29

5

6

2304

2305

2306

2307

2308

2309

The most senior driver on the seniority list (who is not a single plate lessee-SPL or single plate owner-S PO) who accepts the succession shall be the successful incumbent lessee

In the event that no driver accepts the succession the lessee may ask that his request for succession be held in abeyance until such time as an incumbent lessee is found or may retire andor otherwise terminate hisher relationship with the Company at the time of hisher choosing In the event that the lessee retires andor terminates hisher employment relationship the taxi plate shall be returned to the Company and assigned to the next senior eligible driver as per the Companys past practice

The succession shall be valued at no more and no less than fifty-five thousand dollars ($5500000) except as modified as per sub-Article 2308 The driver (incumbent lessee) shall pay to the lessee the full value of the succession fee within sixty (60) days of the date of acceptance of the offer Once the driver has paid the succession fee the driver becomes a single plate lessee for the purposes of this Collective Agreement and will assume all rights duties responsibilities and obligations of a single plate lessee as set out in this Collective Agreement

The Parties agree that any monies or other considerations paid to a lessee at any time other than the time set out in sub-Article 2304 above shall not be counted towards the succession fee

The amount of $300000 (plus HST if applicable) shall be paid to the Company as a consulting fee by the incumbent lessee no later than the day before the day the incumbent lessee becomes a single plate lessee for the purposes of this Collective Agreement

Any lessee who exercises the succession option voluntarily terminates hisher employment with the Company and loses all seniority A driver who wishes to subsequently be rehired by the Company as a driver shall be placed at the bottom of the seniority list The driver will be eligible to become a lessee two (2) years from the date of hisher rehiring

The amount set out in sub-Article 2304 shall be increased annually on the date of the plate and stand rent increases set out in Article 27 of this Collective Agreement The annual increase shall be the same as the average of the percentage increase in the plate rent and the stand rent for that year

In the event of the death of a lessee and provided the lessee is up to date with all payments to the Company and has no outstanding amounts owing to the Company whatsoever the lessees estate shall have up to six (6) months from the date of death to exercise the option of succession

Collective Agreement laquoCompanybullbull Page 30

2310

2311

(a)

(b)

(c)

2312

Leasing agreements must be entered into provided they do not conflict with the terms of this Agreement

Without limiting the generality of 2310 in any way whatsoever a leasing agreement shall contain the following provisions

The lease shall terminate automatically for failure to fuHill any term of the lease including but not limited to failure by the lessee to fulfill any financial obligation or failure by the lessee to obtain replacement insurance in the event of cancellation of insurance

The lessee shall be the principal driver of the taxi vehicle which is attached to the taxi license plate

This Collective Agreement between the parties shall be the entire agreement and there shall be no other fee condition or other obligation except those set out in the Collective Agreement

All leased plates shall remain as such and shall not be converted to rental vehicles for the duration of this Agreement provided there are persons willing to leased said plates

ARTICLE 24 GRIEVANCE PROCEDURE

2401 A grievance shall include any issue regarding the interpretation administration application or alleged violation of this agreement It is the mutual desire of the parties that complaints of the drivers be adjusted as quickly as possible To that end the parties have adopted the following grievance procedure

STEP 1 A driver may bring his complaint to the Supervisor of the Members of the Owners Group If the driver does bring his complaint to the Supervisor he must do so within twenty (20) days of the incident or of he having knowledge of this incident giving rise to the complaint Where the complaint is brought forward it must be given to the Supervisor and the Supervisor shall reply within two (2) working days

STEP 2 Failing settlement of the complaint at Step 1 or where the driver has chosen not to avail himself of Step 1 the driver must file the grievance in writing within twenty (20) days of the incident or omiddotf he having knowledge of this incident giving rise to the grievance The grievance must be referred to the Member of the Owners Group claimed to be responsible andor any other person designated by the Member of the Owners Group Grievances shall be dealt with at the Step 2 meeting which shall be scheduled on the 3rd Wednesday of every month This monthly Step 2

Collective Agreement ccCompanyraquo Page 31

meeting shall be one meeting held at the Companys office Where the grievance involves the discharge of a driver the parties agree to meet within ten (1 0) working days of the filing of the grievance A representative of the Union shall be present at all step 2 meetings The Member of the Owners Group must respond within three (3) working days of the meeting

2402 Should a group grievance or a Union or policy grievance develop it shall be filed at Step 2 within twenty-five (25) days of the incident giving rise to the grievance or of the drivers or Union having knowledge of this incident

2403 Failing settlement under the above the matter in dispute may be taken to arbitration in accordance with article 26

2404 Drivers employed by single plate owners and single plate lessees may not grieve matters or disputes arising between the driver and the single plate owner or single plate lessee A committee shall be set up and made up of equal numbers of Uniondriver and Company personnel to assist in resolving disputes between the drivers and single plate owner and single plate lessee The committee shall have the power to determine a procedure to be followed as well as to determine fault and penalties

ARTICLE 25 ARBIrRATION

2501 After exhausting the provisions of the grievance procedure either of the parties may submit a grievance to arbitration either expedited or formal in writing within thirty (30) days of the Step 2 reply or if there is no reply within thirty (30) days after the expiration of the time limits to provide a reply

2502 Unless otherwise mutually agreed by the parties all grievances referred to arbitration not relating to an indefinite suspension a discharge or any separation of employment or to the interpretation of the collective agreement group grievances and policy grievances shall be referred to the expedited process

Grievances referred to arbitration in respect of indefinite suspensions discharge or separation of employment for any reason or to the interpretation of the collective agreement and group grievances may only be referred to this expedited process by the mutual agreement of the parties

2503 Within fourteen (14) days after notice has been given that the grievance will proceed to formal arbitration the parties shall meet and agree on a single arbitrator If the parties cannot agree on an arbitrator within this time limit either party may request the Minister of Labour to appoint an

Collective Agreement laquoCompanyraquo Page32

arbitrator and this appointment shall be binding on both parties In respect of the cost of arbitration of formal grievances the parties shall share equally the fee and expenses of the sole arbitrator

2504 The formal arbitrator shall have the right to exercise all the powers provided by the Labour Relations Act as amended from time to time

2505 The Arbitrator must hand down a written decision within sixty (60) days of the date of the hearing

2506 As an alternative to the formal arbitration process set out in the foregoing paragraphs a grievance may be referred to a previously agreed-upon person who shall hear the grievance and who shall at the conclusion of the hearing give a decision immediately Such decisions may not be used to alter modify or amend any part of the collective agreement and are made without precedent or prejudice to similar or like cases Such a decision shall be final and binding upon both parties and no further action may be taken on that grievance by any means whatsoever

2507 To maintain the efficiency of this expedited process the parties shall schedule a minimum of one (1) day of arbitration every three- (3) months except in those circumstances where either party deems it necessary to schedule the arbitrator more frequently

2508 The parties shall share equally the fee and expenses of the persons selected to hear the expedited arbitration cases

2509 At all expedited arbitration hearings the Company or Member of the Owners Group shall be represented by a member of their management and the Union shall be represented by a Union staff representative or an officersteward of the Local Union

2510 The Union shall forward to the representative of the Member of the Owners Group a list of the expedited grievances to be heard on the day or days scheduled for the hearing of grievances according to the expedited arbitration procedure The aforementioned list shall be forwarded to the representative of the Member of the Owners Group no later than ten (10) working days in advance of the hearing unless otherwise mutually agreed

2511 By exception a party may call one (1) witness at an expedited arbitration

2512 Prior to proceeding to formal or expedited arbitration and at least thirty (30) days prior to the date of arbitration the parties may upon mutually agreement request that any grievance be referred to a mediator to act as a grievance mediation officer for the purpose of attempting to

Collective Agreement laquoCompanyraquo Page33

mediate a settlement of the grievance The parties shall share equally the fee and expenses of this officer

ARTICLE 26 TAXI PACKAGE

2601 The employer shall provide to the rental driver at no extra cost motor vehicle insurance with a collision provision deductible not exceeding $50000 for each accident at fault

The Owners Group shall also provide to the rental driver at no extra cost comprehensive coverage with zero (0) deductible including but not limited to fire and theft It is agreed and understood that comprehensive coverage does not cover driver added equipment

2602 Each rental driver shall be supplied for a daily twelve (12) or twenty-four (24) hour period at no extra cost a roadworthy safe sedan four (4) door taxicab with proper weather resistant tires for all seasons and with a seating capacity for not less than four (4) passengers containing

2701

2702

2703

1 A roof sign 2 A sealed taxi meter 3 A two-way radio 4 A full size spare tire subject to space limitations 5 A tire tool 6 A jack 7 A mike clip 8 A full tank of gas at start date 9 Air conditioning on replacement vehicle where possible 10 An electric rear window defroster or blower

Any equipment owned by the Owners Group that becomes inoperative shall be repaired as soon as possible

ARTICLE 27 RENTAL CHARGES AND TERMS OF AGREEMENT

This agreement shall take effect upon ratification and be binding on both parties for three (3) years and shall continue for annual periods of one year each unless either party gives at least one hundred and twenty (120) days notice that it wishes to amend this agreement

It is agreed and understood that this agreement will remain in full force and effect until amended by negotiations

Rates shall be as follows

Collective Agreement laquoCompanyn Page 34

712011 712012 712013

Stand Rent (monthly) $43900 $45000 $45900

Plate Rent (monthly) $71926 $75000 $75960

Daily Car Rental 24 hr Regular Plated $9700 $9700 $9700

24 hr Accessible Plated $10500 $10500 $10500 12 hr Regular Plated $6700 $ 6700 $6700

12 hr Accessible Plated middot $8300 $8300 $8300

Credit Card Transaction 50 50 50

Debit Card (per) Transaction $065 $065 $065 (To the Driver)

POS Rental Fee (monthly) $800 $800 $800

POS Insurance (monthly) $300 $300 $300

Note The above rates do not include HST

Note For purposes of car rental rates the weekly rents shall be six (6) times the daily rent

Note It is recommended that drivers use Company supplied POS machines and systems

2704 Employees shall pay all monies owed to the Company in the following manner Monthly By the 5th business day of the month

2705 Any employee failing to pay monies by the above dates and times shall be suspended and not reinstated until the monies are paid in full and credited to their account

2706 Employees shall be entitled to pay their rents to the company by company approved charges cash and cheque - provided the employee has at least one (1) year of seniority

Employee(s) who have one (1) cheque returned NSF shall be suspended immediately upon the company receiving notification from the

Collective Agreement ((Company Page35

bank shall lose such privilege for twelve (12) months and shall be charged the appropriate charges

ARriCLE 28 GENERAL

2801 The Company and drivers shall maintain its internal company charge system and accept major credit cards which currently include Visa Mastercard American Express and Diners Cluben Route as approved by the Company

2802

2803

2804

2805

2806

2807

This system shall continue for the duration of this Agreement so long as external factors outside the Companys control do not prevent the Company from doing so Drivers shall be entitled to cash their charges provided they do not have any outstanding balances at the offices of the Company during the hours of 0830am to 400pm Monday to Friday except holidays The Company shall make available to the employees during normal business office hours receipt cards and credit card slips All credit card charges must be authorized

Drivers shall pay a fee of five (5) of all credit card charges that they redeem

Except as otherwise provided in this agreement all passengers shall be treated in a polite professional courteous and businesslike manner at all times by both the Owners Group and the employees

If requested a properly signed receipt shall be furnished by the owner for all payments made by the driver (If requested said receipt shall show a breakdown of all payments made by the driver and the dates for which they apply) For the purposes of this clause a numbered computer receipt shall be deemed to be signed

The employees who own their own vehicles whether or not they own their own license shall have absolute choice as to where their vehicle is to be repaired andor maintained

No employee either full-time or part-time shall abuse or mistreat any vehicle or equipment (ie roof sign radios meters and aerials)

The Owners Group agrees to work with the Union to lobby the City of Ottawa to allocate stands where necessary and appropriate

The Company agrees to provide the Union with the rules covering the stands controlled by concession agreements

Collective Agreement ccCompanyraquo Page 36

bull

2808 Subject to the provision of adequate insurance coverage all car owners shall be free to place a second driver or a third driver on their vehicles should they require without interference from the Company

2809

2810

2811

2812

2813

2814

In the event the Company refuses an individual employment as a second driver or as a third driver the Company agrees that such refusal may be the subject of a grievance and the onus of proof shall rest with the Company to show just cause for such refusal

The parties agree that no vehicle will have more than three (3) drivers at any one (1) time

The Company shall take reasonable steps to maintain all current concession agreements for the duration of this agreement The Company shall take all reasonable steps to obtain additional concession agreements

The Company shall have a phone line separate from the dispatch office so that drivers business people friends of the office staff may call through middot without having to tie up the dispatchers time The separate phone line may be used by the dispatch office during non-business hours

Time-off without rental fees or loss of seniority will be given to those members of the bargaining unit who are called for jury duty Rental driver(s) must park their rental vehicle(s) at the Companys premises should the jury duty go beyond three (3) days

The Company shall maintain a drivers waiting area As well the Company shall allow the drivers to use the telephone in the office for local calls only pursuant to the current past practice

In the event of an assessment to the CompanyOwners Group by WSIB in relation to the provision of WSIB benefits for the Bargaining unit personnel the CompanyOwners group and the Union agree to renegotiate in good faith the rates set out in Article 2703 Where the parties fail to reach agreement on the issue the matter shall be referred to an arbitrator for full and final settlement

When a customer complaint is received by the dispatcher the latter will advise the customer that an authorized representative of the Company will handle the complaint in an expeditious manner Upon request by the Union the Company shall provide a copy of the computer printout and all other relevant information including but not limited to any taped conversation related to the complaint being investigated The privacy of the customer is paramount and will at all times be respected

Collective Agreement ccCompanybullbull Page 37

2901 (a)

(b)

ARriCLE 29 BEREAVEMENT LEAVE

The Members of the Owners Group agree to grant affected employee(s) the necessary time off of up to four (4) days without fees at the time of death of the following relative(s) of said employee(s) father mother spouse (includes common-law) child brother sister mother andor fathershyin-law

The Members of the Owners Group further agree to grant to affected employees two (2) days without fees at the time of death of the following relatives of the employee sister andor brother-in-law and grandparent

ARTICLE 30 SOCIAL JUSTICE FUND

3001 The Company shall pay to the Union an amount of eight hundred ($80000) dollars per collective agreement year with such amounts being made payable to the CAW Social Justice Fund Inc Said amounts shall be paid by separate cheque by the last day of February in each year of this collective agreement A tax receipt shall be supplied to the Company on receipt of said amount

ARTICLE 31 SAFETY BANQUET

3101 The Company agrees to contribute seven hundred and fifty dollars ($75000) to the Unions annual Safety Banquet in each year of the Collective Agreement

SIGNED THIS DAY OF APRIL 15 2012

FORTH~

~~

Collective Agreement laquoCompanyraquo Page38

Collective Agreement laquoCompanyraquo Page39

SCHEDULE 11 A 11 LIST OF THE OWNERS GROUP

Coventry Connections Inc

Collective Agreement ccCompanyraquo Page40

SCHEDULE nan EXISTING CUSTOMS RIGHTS AND PRIVILEGES

1 There shall be no charge for the receipt cards

2 There shall be no charge for credit card vouchers subject to suppliers (third party) availability and conditions Should the Company pursue a course of action leading to Point of Sale terminals which usage will include Debit transactions Decremental Cards and Credit Cards there would be a charge for paper usage

3 The drivers shall choose their own working hours during their shift

4 Reasonable accommodation shall be given to payment of outstanding debts for accident(s) The following minimum payments are required

A) Up to $1 00000 - $ 1 000 per day

B) Over $100000- $2000 per day

Agreed to on the understanding that this does not apply to spare cars

Collective Agreement laquoCompanyraquo Page 41

SCHEDULE C RULES AND REGULATIONS

1 The following articles of clothing are not acceptable forms of attire at OJS

(a) Sweat pants and shorts except for dress shorts Dress shorts will be allowed from April to Labour Day Drivers caught wearing inappropriate shorts will be given one (1) warning and any future occurrence with regards to inappropriate shorts will cause them to lose the right to wear dress shorts for the duration of that season Shorts can be no shorter than three (3) inches above the knees

(b) T-shirts (except Union decaled T-shirt) without lapels tank tops and muscle s1middot1irts

NB Clothing andor other attire with obscenities profanities or sexually degrading remarks are not acceptable Hair must be clean and neat Faces must be clean-shaven or beards neatly trimmed Clothing must be tear and rip free with no visible patches and is to be cleaned and ironed as required Socks must be worn at all times with all types of footwear except for sandals

2 Drivers must be courteous and pleasant at all times and must conduct themselves in a professional business-like manner

3 There is to be no abusive foul language or gestures directed at customers or the general public

4 Consumption of alcohol or drugs will not be tolerated prior to the commencement of a shift andor while driving

5 There wiil be no arguing and fighting among drivers or other DJs personnel under any circumstances

6 No playing of cards or any other games of chance is allowed at any time when working This includes any form of gambling or betting on the air

7 Profanity or abusive language on the air or in your vehicle is prohibited at all times

8 Use of cell phone during the conveyance of a customer(s) is prohibited

9 Each taxicab and driver shall carry at all times a current street guide Drivers are to make proper use of this guide to avoid unnecessary air time

Collective Agreement ccCompanyraquo Page42

10 Deliveries are to be taken directly to the destination Running other fares while occupied on deliveries will not be permitted unless approved by the dispatcher

11 No messages between drivers are permitted Drivers will receive messages to call home spouse office union office partner or garage

In addition When an authorized Union rep asks the dispatcher to have a member of the bargaining unit call them for union business only this will be allowed and if necessary a phone number will be given

12 Picking up a fare while on the way to an accepted dispatch call will not be permitted

13 Drivers must allow 5 minutes wait at the customers pick-up address

14 Drivers shall take reasonable steps to ensure that they pickup only those fares that they are dispatched to Drivers must check with dispatcher for authorization before taking another fare from same address

15 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical breakdown emergency or any other reason(s) not herein listed the dispatcher shall reshydispatch the fare and suspend the driver for one (1) hour

16 Interference or jamming of the radio is a Federal offence and will not be tolerated

17 When necessary drivers must assist customers with handling of baggage and opening and closing of doors

18 No complaining to customers about short fares or time calls A list of regular short fares will be established and such fares shall be dispatched as Locals

19 At customers request music radio and other sound systems except for the twoshyway radio must be turned off

20 Driver must issue a receipt card upon request by customer Drivers signature must be clearly marked in the appropriate place on the receipt card There is no charge for the issuance of a receipt card

21 No new driver is to commence work until he has been briefed by OJS staff in the operating of our charge account system

22 Some of the guidelines in the operation of our charge account system are as follows

Collective Agreement laquoCompanyraquo Page43

(a) All charges are to be signed with car number (eg-DJ70) and date clearly written

(b) If the fare goes to more than one destination these other destinations are to be clearly marked on the reverse side of the chit

(c) Taxi chits to be signed by the customer and dollar value to be clearly marked

(d) Gift certificates which currently have a maximum value of $500 each are to be accepted at face value and change given as required

(e) Drivers must note on back of chit the drop offpick up address if it is different from address shown on face of chit

Drivers are prohibited from buying other drivers charges whether they be DJS drivers or other cab Companys charges Violation of this rule shall result in the following fines

1st offence -2d offence bull 3rd and subsequent offences-

$5000 per chit $10000 per chit $20000 per chit

plus the face value of each chitCredit Card in all cases

The parties agree that the above penalties are specific penalties within the meaning of the Ontario Labour Relations Act An Arbitrator shall not have the power to alter or modify any penalty imposed under this clause

(f) Drivers must accept all major credit cards approved by OJS Taxi

(g) Drivers are responsible for ensuring that all necessary information is clearly marked on charge vouchers as follows

bull Customers name and signature bull Card number (correct number of digits) bull Expiry date bull Drivers signature and car number (eg-DJ70) bull Ensure proper copies of charges are submitted to the Company for

processing bull No hand written major credit card sales drafts will be accepted

23 All cars are to be cleaned inside and out by 1000 am every day with due regard given to road and weather conditions

Collective Agreement Page44

24 All drivers must ensure that they have change for $2000 at all times and will not be removed from the sheet while getting change provided they are not called

25 No taxicab driver shall charge a passenger for

(a) The cost of proceeding to an establishment for change or

(b) Waiting time while a passenger obtains the change provided the bill presented for payment is of $2000 denomination or less

26 No vehicle to be left unattended with keys in the ignition

27 No person(s) unless authorized by the Company shall accompany the driver in the vehicle while heshe is occupied with a paying fare

28 Taxis must not be left unattended on a OJS taxi concession stand for more than ten (1 0) minutes

29 Only au~horized drivers with valid licenses can operate a taxi-licensed vehicle

30 Roof sign must be removed from vehicle when not on duty or involved in an accident

31 ALL DRIVERS ARE ADVISED THAT IT IS AGAINST THE LAW AND OJS TAXI COMPANY LIMITED POLICY TO REFUSE DOG GUIDES IN THEIR CABS REFUSAL WILL RESULT IN FINES AND DISCIPLINARY ACTION BY THE COMPANY

1st offence - 1 week suspension 2nd offence - 2 weeks suspension

3rd offence - Dismissal No longer working under the OJS roof sign

Accommodating Persons with Disabilities

The Management of OJS Taxi wishes to advise all its employees drivers and others operating under the OJS Taxi roof sign of the OJS Taxi policy with respect to blind passengers whether or not they use dog guides

Under the Blind Persons Rights Act of Ontario no person may either deny any person services customarily available to the public or discriminate against any person with respect to services available to the public for the reason that they are a blind person accompanied by a dog guide

Under the Ontario Human Rights Code every person has a right to equal treatment with respect to the supply of services which includes taxi services

Collective Agreement laquoCompanyraquo Page45

bull

without discrimination because of among other things a disability A disability includes any physical impairment such as being blind visually impaired deaf or hard of hearing

Guide Dogs and Taxi Services Many disabled persons are physically dependent on guide animals in their daily activities Canadians who are blind or visually impaired deaf or hard of hearing or who have other types of disabilities such as epilepsy are dependent on guide animals

Accommodation of these individuals necessitates that they be permitted to take their guide animals with them into taxi cabs Refusing to allow them to do so will infringe on their human rights and is against the Blind Persons Rights Act of Ontario and the Ontario Human Rights Code

This notice will simply repeat what should be apparent to you all that if a blind person with or without a dog guide is refused services by any OJS Taxi driver such actions will result in fines to the driver and other disciplinary action including the possibility of suspension by the Management of DJs Taxi Co Ltd

For more information regarding guide animals please review the attached pamphlet and information sheet published by Dog Guides Canada

Any inquiries concerning this policy should be directed to any member of the Management who will if it is required explain the policy to you

32 Drivers are not allowed in the dispatch office

33 All parking tickets will be paid by the rental driver responsible

34 In order to boost with Company owned taxicabs employees must request an obtain instruction from the garage manager or his designee on the proper method of boosting in order to reduce any risk of injury to the driver passenger and damage to the vehicle(s)

In the event of misuse employees at their discretion may be either disciplined in accordance with the principle of progressive discipline or have the option of reimbursing the Company for the cost of damaged parts

35 Any driver operating a taxi while his drivers license or taxi license is under suspension will be disciplined unless the driver can obtain written proof from the Ontario Ministry of Transport andor the appropriate taxi licensing authority that the driver did not receive evidence that hisher license was suspended or cancelled

36 When necessary or requested all elderly andor disabled customers are to be assisted in and out of taxicab at all times

Collective Agreement laquoCompanyraquo Page 46

37 No stealing fares

38 Drivers are not allowed to book no loads and run the fare

39 Drivers cannot refuse dispatched fares subject to article 1304 andor where the driver believes his safety or health is at risk

40 Failure to come to voice after two (2) requests by the Dispatch Supervisor will result in the Driver being suspended in the computer

41 Dispatch staff will not make phone calls for drivers unless it is an emergency situation

42 There shall be no personalization of any fares or trips placed through the Dispatch System of OJS Taxi except for returns east of but not including the Civic Hospital within the same twenty-four (24) hour period Where a return-call has been prearranged through the Dispatch System prior to the initial call being dispatched then the return-call cannot be personalized

43 Drivers will pay monies owed to the company by 400pm on the day that they are due No driver with an outstanding balance will be allowed to book on the sheet until their account is paid in full to the business office This means credited to their account and a receipt issued

44 Dispatchers shall give the line-up every thirty- (30) minutes except for the months of December January and February On implementation of the Computerized Dispatch this clause will be eliminated

45 All deliveries shall be given out as regular calls except where provided in this agreement and all employees shall have the option to refuse to deliver alcohol When a dispatcher requests a driver to call him for information concerning a delivery the dispatcher will first give the delivery address over the radio to ensure the delivery is being dispatched correctly

46 When drivers book out of their cars to attend scheduled complaint meeting appointments they shall be allowed to remain in their spot on the line up queue passed by for fares and treated by the dispatch as if they are no longer on the sheet

When the affected driver returns to his car and books back in he shall be returned to his position in the line up queue and given his next rightful fare

The maximum time a driver shall be allowed to book out for a complaint meeting is one half-hour

Collective Agreement laquoCompanyraquo Page 47

This rule shall only apply if the affected driver does not incur any discipline as a result of the complaint meeting

47 All cabs at DJS Taxi must have a mike clip and the clip must be used Drivers must pick up their mike when communicating

48 Drivers using vans as taxicabs must have and make use of (when requested or required) a portable step to assist passengers in and out of their vehicles

49 All taxicabs must be free of any body damage and any damage must be repaired within ninety- (90) days

50 Roof signs must be kept in good working order and condition with Company approved logo clearly visible front and rear

51 In order to ensure equipment is compatible with computer dispatch system all new radio equipment must be approved by the Company prior to installation

Collective Agreement laquoCompanyraquo Page48

SCHEDULE D CREDIT CARD POLICY amp PROCEDURES

DRIVERS MUST ACCEPT ALL COMPANY APPROVED CHARGES CREDIT AND DEBIT CARDS

DRIVERS MUST HAVE A POINT OF SALE UNIT AND A MANUAL PRINTER PER CURRENT BYLAW CITY OF OTTAWA

Due to the increased use of fraudulent Credit Cards by customers in taxicabs the following procedures have been developed to protect drivers from falling victim to Credit card fraud When accepting Credit cards the following rules must be followed

Credit and Debit Cards- the following rules must be followed

AUTHORIZATION OF ALL DEBIT AND CREDIT CARDS

All Credit Card slips must be authorized regardless of amount Verification is generally done after the fare is completed but verification of an estimated or known amount can be done prior to the completion of the trip if

bull The destination is beyond the radio coverage area bull The driver has reason(s) to suspect the validity of the card

INFORMATION REQUIRED FOR ACCEPTANCE OF DEBIT ANDOR CREDIT CARD SLIP FOR PAYMENT The completed Credit Card slip must contain all the following information

(a) Vehicle Number (pre-printed on POS slip if not to be written by hand at the bottom of the slip)

(b) Drivers ID Number and Initials (c) Amount of fare and gratuity (if applicable) (d) Authorization number (Pre-printed on POS slip) (e) Date of the fare (Pre-printed on POS slip) (f) The Debit or Credit Card must be swiped at all times (in the event that the

receipt does not print imprinting Credit Card only on manual imprinter is acceptable with customers signature but the imprint of the card number has to be clear) In the case of a swiped transaction part of the card number will display per Credit and Debit Card industry rules

(g) Customers signature clearly written (Credit Card only) marked TRANSACTION COPY We will accept the CUSTOMER COPY as long as it has the customers signature Debit POS slips are to be submitted marked TRANSACTION COPY NO SIGNATURE IS REQUIRED

Collective Agreement laquoCompanyraquo Page49

DISPUTES BY A CUSTOMER

Should a debit or credit card slip be disputed by the customer their bank or other financial institution the company will investigate If such investigation proves fraud or error by the driver the driver will be charged back for the full amount of the charge

If the disputed transaction was processed on a non-company unit a $500 plus HST charge plus the value of the charge will be debited to the drivers account The Company will refund the customer for the value of the charge

Should a customer andor driver report that the charge has been approved more than once the Company will investigate The Company does not allow any refunds in the taxicab Drivers can void a transaction but this must be done before Batch Closing the transaction A Void can only be done in the presence of the customer as the card (debit or credit) must be present The driver can then re-swipe the card for the correct amount The Company publishes a toll free number for customers or drivers to call with any concerns about a transaction If a customer has been charged more than once for the incorrect amount the following procedures apply

Credit Card

The Company will verify that the customer was charged multiple times or has been over-charged and issue a refund as necessary The Company will send a copy to the customer upon request All refunds are processed on a Point of Sale unit or Virtual Merchant (on-line) The Company may contact the driver to determine the validity of the customers details

Debit Card

The Company will verify that the customer was charged multiple times or has been overcharged and issue a cheque refund as necessary The Company keeps a copy of the cheque issued

GENERAL INFORMATIONGUIDELINES

1 If the driver has overcharged the customer and has been paid the incorrect amount the Company will adjust the drivers account and provide a receipt The Company maintains a log in the even there is a dispute by the driver or the customer If the driver reports the overcharge that is logged on a Customer Incident Form which has a Control Number

2 Hand written Credit Cards will not be accepted All Credit Cards must be passed through a manual imprinter which clearly shows the full credit card number If the credit card number is not clear and cannot be authorized

Collective Agreement laquoCompany Page 50

the driver will face debitchargeback of the amount as it cannot be authorized

3 The only Credit Cards accepted by Taxitab a division of Coventry Connections Inc are

i Visa ii Mastercard iii American Express

Note Visa Mastercard and American Express all issue prepaid credit cards these are all accepted

4 Taxitab a Division of Coventry Connections accepts Debit Cards for Canadian Financial Institutions Debit Cards for foreign banks may not

work on the unit Visa Mastercard have commenced issuing Debit Cards these are all accepted These cards are clearly marked on the face of the card with the Visa and Mastercard logos

5 The following items are to be checkedverified by the driver upon presentation of a Credit Car (a to d) Debit Card (d only)

CHECK LIST

(a) Expiry Date Ensure the card is valid Check to be sure that the Card is not being used beyond the expiry date printed on the card If the card is expired refuse to accept it

(b) Altered Cards Check to see if the card has been noticeably altered in any way If it has been refuse to accept it

(c) Card holders name and signature Check that the signature on the Credit Card slip is the same name printed on the card At the same time check that the signature is the same as the signature on the rear of the card If there is no signature on the rear of the card ask the customer to sign it as you are required to check this

If in doubt ask to see some other form of identification (preferably one with a picture and signature) that ensures that the person using the card is who they say they are

(d) Amount of fare and gratuity (if applicable) The amount of the Debit or Credit card slip must be equal to the amount of the fare and the gratuity (where applicable) Each amount should be entered in their respective places and only by the customer unless otherwise directed In the case of a Debit Card customer must always enter their PIN number to

Collective Agreement ltbullCompany Page 51

authorize the card Drivers must remind customer that the TIP field comes first followed by the PIN number

(e) $150 Surcharge

Debit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated by the City of Ottawa By-Law The $150 charge is prompted by the point of sale unit automatically The Driver receives 65cent of the $150 for every transaction

Credit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated in the City of Ottawa By-Law The $150 charge is NOT prompted by the point of sale unit automatically The driver adds the $150 to the metered amount and enters this total in the base amount field

6 CAUTIONS

7

(a)

(b)

(c)

Bank Card only have the Bank name on the card

Credit Cards are identified by the VISA MASTERCARD AMERICAN EXPRESS OR DINERS CLUB-ENROUTE symbols Only Cards with these symbols will be accepted

Credit Cards will have a holographic image on the face of the card

CASH ADVANCES

The use of Credit Cards for cash advances in the taxicab is not permitted Credit Cards must only be used in the taxicab for paying for an actual fare Anyone using a Credit Card in a taxicab to obtain cash advance is most likely using a stolen or fraudulent card

8 OUT OF TOWN FARES

For the drivers protection it is suggested that for fares going out of town and the customer wishes to pay by Credit Card it is recommended that the driver authorize the fare at the beginning of the trip (dispatcher can give an estimated amount) If there is a difference process the difference at the end of the trip There is a pre-authorization feature available for Credit Card only on the Point of Sale unit The Company can activate this on driver request but the driver must be

Collective Agreement ccCompany)) Page 52

bull

9

given correct training for this There are several steps involved with pre-authorization that must be followed before batch closing

BATCH CLOSING

Drivers must close transaction in the terminals at the end of their shift Credit Card authorizations only remain in the terminal for five (5) days after that the processor closes them automatically Drivers must batch close all credit cards no later than four (4) days in order for the items to appear on the batch close report

Batch Close reports will print separately for Debit and Credit Cards and list the details of the transactions in the terminals showing the card type and the last four (4) digits of the card involved This Batch close cannot be reprinted drivers must hold on to them Attach the slips to the Batch Close and bring to the cashier The cashier will verify the attached slips are on the batch close and proceed to pay or credit the driver assuming all slips are authorized and complete (as discussed above under (1) Authorization Procedures)

The following circumstances regarding Batch Closes will apply

(i) Batch Close with All Debit and Signed Credit Card slips- Driver will be paid or credited at time of presentation at a cashiering station

(ii) Batch Close- No Debit Slips if the batch close shows a Debit Slip and the driver has misplaced or lost the slip the Driver will be paid or credited at the time of presentation at a cashiering station

(iii) Batch Close No Credit Card Slip- No Slip No Payment at time of cashiering (driver is to go to Driver Admin in this instance) If the driver has a signed manual slip and the last 4 numbers of the card match those on the batch close the slip will be accepted by the cashier

NO BATCH CLOSE REPORT -If a Driver has lost or misplaced Batch Close report the Driver is to go straight to Driver Admin (not cashiering) The Driver is to bring the receipts (if there is a credit card slip with no signature there is a separate procedure for this below) he has for which he has not batch close Driver Admin will initiate a Batch Close Incident Report which has a Control Number for future reference The Procedure is as follows

(i) Driver Admin to Photocopy all Slips and write the Control from the Batch Close Incident Form on the photocopy and date the sheet The

Collective Agreement ccCompanyraquo Page 53

bull

bull

Driver is to keep this in the event of a dispute or apparent nonshypayment in account

(ii) Driver Admin will complete the top copy of the report attach a copy of the slips The Driver will complete the bottom part of the report and sign it

(iii) Management will need 72 hours (three business days) from the date of Incident Report to investigate the transaction has been settled in the POS unit

(iv) Providing Management confirms the transaction is complete the slips will be credited to the Drivers account and a receipt will be printed A copy of the receipt is attached to the Batch Close Incident Report The Control from the Form is entered when the the amount is credited for reference A receipt can be printed at that time by cashier

(v) In the event that a driver does not have a Batch Close and presents a credit card slip with no signature the following will apply

(vi) If the Driver experiences a problem with the Batch Close or operation of the unit the Driver is to bring the unit to the office during normal hours Management will investigate the issue and call Driver to reshyissue the unit completing paperwork for the replacement unit which the driver will sign

Any driver attempting to defraud a customer by processing a debit or credit slip more than once will be terminated

Collective Agreement laquoCompany)) Page 54

bull

bull

SCHEDULE E STOLEN FARE POLICY

Whenever the Dispatch Supervisor receives a complaint that a fare either dispatched to the complainant or from within the same block of taxi standconcession on which the complainant is parked has been stolen and the identification of the accused is made known the Supervisor shall

(a) Bring the accused to voice and notify himher of the allegations

(b) Inform the complainant that a deposit of forty dollars ($4000) must accompany his accusation and to be deposited within one (1) hour of the complaint Where applicable inform the complainant that the accused wishes to challenge the allegations and the date and time of the hearing shall be known to both parties

(c) A failure of either party to attend the hearing will result in an additional fine of forty dollars ($4000) to be paid within sixty (60) minutes of the conclusion of the hearing or a suspension ob the absent party until payment is received

(d) Inform the accused of the available options

(i) Arrange for repayment of the fare in its entirety to a minimum of forty dollars ($4000) to the complainant a Union representative or the Company on behalf of the complainant within sixty (60) minutes or

(ii) If the allegation is being denied and the accused wishes to refute it forty dollars ($4000) must be deposited at the dispatch office within sixty (60) minutes with a notification to the Dispatch Supervisor that the allegation is being challenged

Where the accused fails to respond to two (2) voice messages or refuses to comply with (c) the accused shall have dispatch services suspended until in compliance or the Company receives instructions from a Union Representative to do otherwise

The penalty for a wrongful accusation is the payment of forty dollars ($4000) to the accused by the accuser in addition to the return of the accuseds deposited payment

It is understood and agreed that the action(s) of the Dispatch Supervisor(s) in the compliance of this Policy is not to be construed as a determination of who is the guilty party In all disputes regarding stolen fares the Committee shall make the final determination with respect to guilt

Collective Agreement laquoCompany Page 55

bull

bull

Note Such fare(s) will not be considered as Stolen Fare(s) if picked up by driver(s) arriving on the Concession(s)Taxi Stand(s) prior the driver(s) who accepted the dispatched fare(s)

Collective Agreement ((Company Page 56

bull bull

APPENDIX 1

PLATE CAR LESSEE IND START LESSEE START

1 1027 5027 ADAM GRANT 1 91111986 111987

2 1015 5015 TIMS VAUGHN 411995 411995

3 1043 5043 MARTON FERENC G 10251995 10251995

4 1050 5050 DUBOIS JOHN 12111994 311996

5 1048 5048 SUNIL JOSHI 1111994 711996

6 1030 5030 SLIM MOHAMED 711996 7111996

7 1041 5041 JAMALEDDINE ZAHER 911996 911996

8 1040 5040 MAHEUX FRANK 11151996 181997

9 1109 1 5109 ASTLEY JAMES 1011994 1131997

10 1045 5045 MELHEM SAMIR 1211996 9211997

11 1028 5028 LABINE ANTHONY 10151980 11281997

12 1054 5054 ELmiddotNEMER NEMER 11131997 21271998

13 1113 5113 WEAGANT BROCK C 82211988 3131998

i

14 1039 5039 SOBH HAC HEM 11171997 5111998

15 1044 1 5044 MOUFARREJ RAYMOND 10241996 1161998

16 1042 5042 MCCONVILLE BILL 311992 11111998

17 1107 5107 GIANNAKOS LOUIS I 9111997 491999

18 1026 5026 VERMA LALIT 51261996 5311999

19 1033 5033 MITCHELL BRUCE 111987 9301999

i

20 1108 5108 PAPPAS CHRISTINE 121111991 1041999

rmiddot 1014 5014 NYTRA BEDRICH 961996 3302000

22 1000 5000 ABOUmiddotARRAG SAM I 611997 7132000

23 1038 5038 MUNROE JOHN 1111977 492001

24 1022 5022 RADULESCU GELU 611999 5232002

25 1139 5139 HASSOUN I MOUFID 71211999 8152002

26 1006 5006 SADER I GHASSAN 6211999 292004

27 1029 5029 CLAYTON GREG 911980 21132004

Collective Agreement ccCompany Page 57

bull

28 1034 5034 IBRAHIM 12301995 4302004

29 1037 5037 ABDALLA HASSAN I 3312000 2202006

30 1010 5010 HASSOUN AD NAN 8272001 312006

31 1031 MASSOUD 1241998 312006

32 1 1o35 5035 JANCO 911992 362006

1 33 1036 5036 SINGH BALWANT 92211999 3172006

Collective Agreement ltltCompanyraquo Page 58

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 18: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

(ii) Cancels a fare already inputted into the Ziptrack Dispatch System as follows

(a) 1st offence- 1 shift (b) 2nd offence - 2 shifts (c) 3rd offence- 3 shifts

(iii) Telephones the Ziptrack Dispatch System with an illegitimate call as follows

(a)

(b)

(c)

1st offence - 2 shifts and $2500 to the affected driver pajable by the offending driver 2n offence - 4 shifts and $2500 to the affected driver payable by the offending driver 3rd offence - termination of employment

(iv) Assigns or redirects a dispatched fare to another driver operating under another roof sign as follows

(a) 1st offence- termination of employment

For purposes of this provision one (1) shift is a period of twelve (12) consecutive hours for a twelve (12) hour driver and twenty-four (24) consecutive hours for a twenty-four (24) hour driver

1231 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical break down emergency or any other reason(s) not herein listed the dispatcher shall re-dispatch the fare and suspend the driver for one (1) hour

1232 Definitions

Accessible call means a valid request for an accessible taxicab by a person with a wheel chair or is otherwise defined by any statute or regulation thereof

Accessible Driver means a driver who is qualified to drive an accessible taxicab under the applicable By-laws of the City of Ottawa

Accessible Plate means a licence for an accessible taxicab that is issued to a person who has qualified to hold an accessible licence under the applicable By-laws of the City of Ottawa

Collective Agreement laquoCompanyraquo Page 16

middotAccessible Taxicab is a taxicab which is designed to accommodate one or more individuals who require the use of a wheelchair without the need to transfer the individual from the wheelchair which vehicles are otherwise subject to federal and provincial legislation applicable to the transport of Physically Challenged Persons and in respect of which an accessible plate has been issued

Attribute means in respect of a vehicle the association with that taxicab in the Ziptrack dispatch software system of a special feature (or restriction) for that vehicle required for specific types of fares

Call means a request for taxi service received by Ziptrack by a telephone call to the DJs Taxi number 829-9900

Cover or Covered as applicable to a fare means there-dispatch of a previously accepted fare at the request of the accepting driver for valid reason (mechanical breakdown accident or other emergency) in accordance with normal dispatch procedures

Taxi Stand means a space on private property for taxicabs operating under the DJs Taxi roof sign specified under an agreement between Coventry Connections Inc or Ziptrack Inc or a space specifically designated as a taxi stand from time to time on a public street or other public space by the City of Ottawa

Accessible Vehicle Dispatch

(a) It is agreed that calls placed through the dispatch system for an accessible taxicab shall be dispatched only to accessible taxis defined by the dispatch system as an Attribute Where there are no accessible taxicabs booked into the dispatch system and available to accept a call such call shall be displayed as being available on the fare broadcast screen

(b) An accessible taxicab may be dispatched as a standard sedan taxicab at anytime that it is not dispatched on an accessible fare An accessible taxicab shall not be given priority for any type of fare other than an accessible fare An accessible taxicab shall be booked off all zones when any fare is accepted or rejected

(c) The driver of an accessible taxicab is not authorized to reject an accessible fare if he is booked on the dispatch system or is in a queue at a taxi stand or company concession Failure to accept an accessible fare shall be deemed a rejection of an accessible fare and shall be subject to discipline

Collective Agreement ccCompany Page 17

1301

1302

1303

1304

(d) In the event that a driver of an accessible taxicab who has accepted an accessible fare requests to be covered and where such request is granted the driver shall be booked off the dispatch system for a minimum of one (1) hour or until the fare is covered

(e) The driver of an accessible taxicab that rejects or is deemed to have rejected an accessible fare under paragraph (c) above shall be booked off the dispatch system until one ( 1) hour after the accessible fare has been accepted and or service (the record of which not withstanding sub-Article 908 of the Collective Agreement shall be kept for five (5) years

(f) All accessible calls shall be masked by ACCESSIBLE FARE WAITING

(a)

(b)

(c)

(d)

(e)

ARTICLE 13 EMPLOYEES DUTIES

All employees shall perform their duties in a business like professional and courteous manner and shall not use abusive language on the air to customers or to Owners Group Staff

All employees shall be neatly dressed well groomed neat and clean in personal appearance

All employees shall give a receipt on the authorized form of the Owners Group showing the date car number and drivers name when requested to do so by the passenger or whenever there is a dispute over the fare

Subject to the above and except when he has a previous engagement ttle employee shall serve the first person requiring the service of his taxicab except when the prospective passenger

Is disorderly or abusive or poses a health or safety risk In cases of disputes involving intoxication andor health and safety risk and while the well being of the driver is of paramount importance extreme caution and sound discretion must be exercised prior to any refusal At all times the nature of the business that being a service Industry must be borne in mind so each and every situation must be measured on its own merit by the driver

Is in possession of an animal other than a Guide Animal or

Refuses to state his final destination upon entering the taxicab or

Has not paid a previous fare or

Refuses to pay in advance for flat rate out of town trip(s) or

Collective Agreement laquoCompanyraquo Page 18

(f)

1305

1306

1307

1308

1309

(a)

(b)

(c)

Has called two (2) cab companies for the same fare

In the event a driver discovers a lost object in the taxicab he shall immediately advise the dispatch supervisor of his findings with a description of the object an approximate idea of who might have left said object along with the pick-up and drop-off addresses of the customer if possible

Within twenty-four (24) hours of an objects discovery the driver shall take said object to the nearest Ottawa police station or to the Ziptrack Inc dispatch office at no cost or when directed to do so within the above mentioned twenty four (24) hours A receipt for said object will be issued if requested

Subject to Article 1305 should the customer wish the immediate return of the lost object the dispatcher shall notify the customer of the approximate metered cost of return from the location of the driver at that time and the employee shall return the object immediately to the customer at the standard metered rate

No employee shall be forced to violate a Municipal Provincial or Federal Law or regulation in the performance of ~1is duties

The Company shall provide the drivers with a list of all current flat rates Upon any changes to said list a new list shall be issued within thirty (30) days following such changes

No person(s) who will be driving under the DJs roof sign except for rehires who have been absent for less than three (3) years shall be hired or permitted to commence employment until

Heshe has successfully passed the test which the Company shall devise and administer with regard to the operation and knowledge of the taxi related Industry Said test shall include but not be limited to the knowledge of the Ottawa-Carleton area but with an emphasis on the areas directly affected by this collective agreement

Orientation by the Operations Manager or his designee on the DJs Taxi charge system

Heshe has been given a six (6) hour in-car training session This session will comprise of accompanying the prospective employee for a period of six (6) hours to learn the stands customer relations specific to DJs Taxi two-way radio booking practices and a general familiarization with the DJs environment The cost associated with this in-car training session shall be

Collective Agreement ccCompanyraquo Page 19

$10000 and said cost shall be borne by the prospective employee Failure to pass any portion of this test shall result in a fourteen (14) day waiting period before the applicant will be allowed to re-do the portion(s) of this sub-article which heshe has failed The cost associated with re-doing a) or c) will be $5000 while re-doing both would be $10000

During this waiting period the applicant will not be allowed to operate under the DJs roof sign No person operating a taxicab under the DJs roof sign will be assigned any duties associated with this sub-article

Tests are given on the first and third Mondays of each month on a first come-middotfirst serve basis by appointment Failure to attend for a scheduled date and or time will result in the forfeiture of the appointment and a new date will be booked on a first available basis only

ARTICLE 14 TECHNOLOGICAL CHANGE

1401 Technological Change means but is not limited to the introduction of changes to the present systems the introduction by the Company of additional radio channels computerized dispatching systems or any other mechanical electrical or other system including but not limited to fuel systems at no cost to the drivers

1402 In the event of any technological change the Company shall notify the Union in writing at least ninety (90) days before the introduction of such changes unless prior discussions with the Union have occurred

1501

1502

1)

2)

3)

ARTICLE 15 SENIORITY

Seniority shall be applied in determining layoffs preference for time off and recall from lay off as set out in other provisions of this agreement

Prior to being offered employment an individual shall be required to present to the Member of the Owners Group and the Company all relevant documentation namely

Valid Ontario or Quebec Provincial drivers license with a current provincial driving record with no more than six (6) demerit points at such time and if applicable has been pardoned for any prior conviction for impaired driving

Applicable Taxi Drivers License

Original copy of a Motor vehicle drivers abstract no older than twentyshyeight (28) days

Collective Agreement laquoCompanyraquo Page 20

4) Letter from previous or present insurer (where possible)

5) Work permit if applicable

6) Proof of Union membership

7) Social Insurance Numbercard or verification from appropriate federal government department of such number

8) A clear Police Criminal Record check no older than twenty-eight (28) days

9) Training as set forth in 1309

The above requirements do not apply to a driver who changes status or moves between Members of the Owners Group or Single Plate Owner or Single Plate Lessee provided the driver does not go more than thirty (30) calendar days without being registered on a taxicab except by reason of a proven medical illness Requirement 9 above does not apply to a driver who had previously driven under the DJs Taxi roof sign within the previous twelve (12) months Nevertheless each driver is required to register such changes with the Company To facilitate the drivers ability to register such changes the Company office shall be open from 830 am to 200pm daily except Saturday Sunday and Statutory Holidays

1503 The Owners Group shall recall laid off employees in the reverse order of lay-off

1504 A driver injured or ill should notify the Company and the Union within two (2) weeks of his absence and should arrange to provide a detailed mediqal certificate as evidence of injury or illness and an estimated time of return signed by a doctor in order to preserve his seniority Only an employee returning from an absence of eighteen (18) months or less due to injury or illness shall be returned to his previous vehicle provided that said vehicle is still working as a taxicab if it is not he shall be returned to another vehicle on the same shift he had prior to his injury or illness

A driver replacing another driver who is on sick leave shall be notified of his status by the Owners Group and the Owners Group shall notify the Union of all details

An employee returning within 30 days from an absence due to injury or illness shall be returned to his previous vehicle provided said vehicle is still working as a taxicab and if it is not heshe shall be returned to another vehicle

Collective Agreement laquoCompanyraquo Page 21

1505

(a)

(b)

(c)

(d)

An employee returning to work after thirty (30) days but less than eighteen (18) months from the commencement of hisher injury or illness shall be returned to work displacing the most junior driver driving with the individual member of the Owners Group

Clarity Note (i) A twelve (12) hour driver returning from illnessinjury shall be returned to a twelve (12) hour shift car by replacing the most junior driver driving Should the most junior driver be driving a twenty-four (24) hour car heshe would then be offered the shift remaining after the returning driver has chosen

Clarity Note (ii) A twenty four (24) hour driver returning from illnessinjury would replace the most junior driver and assume hisher shift

Clarity Note (iii) Returning employees shall be given the first available car corresponding to their previous shift

An employee shall lose seniority and as such will cease to be an employee upon

Voluntarily quitting or resigning

Being discharged for just cause and not having been reinstated through the grievance or arbitration procedure

Failing to rent an available vehicle when duly notified of same while on layshyoff except or for certified medical reasons

Being laid off being without a valid work permit or being without a valid Provincial drivers license or appropriate Municipal taxi drivers license for a length of time equal to that employees seniority or twelve (12) months whichever is less

ARTICLE 16 COMMITIEES

1601 A UnionManagement committee shall be appointed consisting of up to three (3) representatives from the Union and up to three (3) representatives from the Company This committee shall meet every six (6) months for the purpose of discussing matters of mutual concern

1602 A safety committee consisting of at least two (2) representatives of the Union and two (2) representatives of the Owners Group shall meet at a mutually agreeable time frame upon the request of either party within thirty (30) days for the purpose of discussing matters of mutual concern Minutes will be kept of each meeting

Collective Agreement laquoCompany Page22

1603 A rules committee consisting of up to three (3) representatives of the union and of up to three (3) representatives of the owners group shall meet at a mutually agreeable time frame upon the request of either party within thirty (30) days for the purpose of negotiating changes to existing rules and for discussing any new rules prior to their implementation

1604 To address advertising the parties agree to establish an Advertising Committee of equal representation to meet at mutually agreeable times upon request of either party within fifteen (15) days of notice being given by either side The Committee shall be responsible for a budget of $2625000 over the term of this collective agreement which sum shall be spent to advertise and promote the DJs business

The parties must agree when and how the advertising will be allocated However the parties agree that advertising would include

bull Flyers bull Newspaper Ads bull Promotional Items (eg fridge magnets) bull Radio

ARTICLE 17 SAFETY AND HEALTH

1701 It is understood and agreed that driver safety is important to the individual employee and to the industry as a whole The Owners Group and employees agree to exercise their rights and to fulfil their obligations in accordance with this understanding The Owners Group will continue to encourage and welcome safety recommendations for the safety and health of drivers during their working hours

1702 The employer shall supply only safe and roadworthy vehicles and the equipment contained therein and the vehicles themselves shall be maintained in good working order Each rental vehicle shall meet the mechanical fitness standards as defined in Provincial legislation

1703 The Company agrees to pay the premiums to an insurer chosen by the Company to provide term life insurance coverage in the amount of ten thousand dollars ($1000000) for all employees provided that the affected employee has a minimum of one (1) year seniority under the DJs Taxi roof sign and is actively working on the day he attains this one ( 1) year seniority

All claims and payments shall be in accordance with the terms of the master policy of the insurer and the Company shall not be liable for any

Collective Agreement laquoCompanyraquo Page 23 middot

bull

non payment by the Insurer This insurance coverage will not be provided to any driver who is 65 years or older at any time during this agreement

The Company shall aid in collecting monies by allowing a cash donation box to be set up at their office for driver(s) involved in serious accidents The Company shall not be responsible for said box

1704 The Company shall supply a safety shield for the company owned rental vehicle when requested by that driver

All rental drivers who request a shield must continue to operate on a vehicle that is equipped with a safety shield so long as said driver is operating under the DJs roof sign provided one (1) is available Company rental drivers working with a shield shall have the option of refusing to operate any spare rental vehicle not equipped with a safety shield However once a driver accepts a spare rental vehicle not equipped with a shield he will be deemed to have given up his right to exercise this option on the same shift

ARTICLE 18 WORK WEEK

1801 The Owners Group agrees that the employees shall determine their work week subject to the provisions of this agreement

1802 The Owners Group agrees that the work week shall be based on seven (7) days

1803 Rental drivers shall pay their weekly rental over six (6) days and have the use of the vehicle for seven (7) days

1804 Stand rents for car owners shall be calculated weekly paid monthly or weekly at the discretion of the employee but limited to one change in the payment structure per calendar year Any reduction is to be calculated on a weekly basis and there shall be no reduction given for anything less than seven (7) consecutive days off except where provided in this agreement

1805 Shifts shall be mutually agreed upon by the partners on the vehicle and in case of dispute shifts shall commence at 400am and 400pm The change-over location shall be mutually agreed to by the partners on the vehicle and in case of dispute change over shall be at the Companys office

ARTICLE 19 STATUTORY HOLIDAYS

Collective Agreement laquoCompanyraquo Page 24

1901 (a)

(b)

All rental drivers (12 amp 24 hours) of the Owners Group shall be entitled to the following days off provided that they have worked more than three (3) consecutive months under the Companys roof sign

All single plate owners (SPO) and single plate lessees (SPL) shall be entitled to the following days off provided that they have completed three (3) months of service under the Companys roof sign and they shall not be charged plate rent or stand rent for said statutory holidays

Employees meeting the criteria outlined in (a) and (b) above shall be given credit for said days whether they choose to work or not Credits for statutory holidays shall be given at the time that payment is made for the period covering the day of the holiday

New Years Day Family Day Good Friday

Victoria Day Canada Day Labour Day

ARTICLE 20 TIME OFF

Thanksgiving Day Christmas Day Boxing Day

2001 All rental drivers (12 amp 24 hours) shall be entitled to four (4) weeks annual time-off

All single plate lessees (SPL) shall be entitled to five (5) weeks annual time-off for which they shall not be charged stand rent for time-off taken During said time-off heshe shall not be charged plate rent for the first four (4) weeks

All single plate owners (SPO) shall be entitled to seven (7) weeks annual time-off During this period they shall not be charged stand rent

SPOs and SPLs outlined above will be granted their requested time-off entitlement provided they have no balance owing and provided that a minimum of one (1) week written notice is given to the individual Member of the Owners Group (MOG) and the Company and provided further that said drivers have a minimum of one (1) completed year of uninterrupted service under the Companys roof sign

In cases of accidents and major breakdowns involving SPO and SPL no notice period will be required for time-off and credits for such time-off will be based on daily increments

Where a SPOor a SPL has used all hisher allotted time off and said SPO or SPL has an accident or major breakdown heshe will be given up to a maximum of ten (1 0) additional days of time off and during said time

Collective Agreement laquoCompanygtbull Page 25

heshe shall not be charged any stand rent subject to proof of inoperability of the vehicle being provided

In the case of SPOs and SPLs extended time-off will be allowed for overseas trips All rents must be paid in advance to cover the time off for the extension

Explanation Car owners time off is only when the car is off the road If the SPO or SPL puts a driver on the car it is not considered part of this time off

2002 Single plate owners and single plate lessees will be responsible for arranging for time off for their drivers

2003 Time off may be taken weekly or bi-weekly at the employees discretion Provided further where the employee has taken a minimum of one (1) week heshe may take additional days) of less than weekly increments) in conjunction with the one 1) week

2004 Time off must be taken during the calendar year and cannot be accumulated over more than one calendar (1 year

2005 The MOG SPL and SPO agree that roof signs taxi plates and all other items (computer equipment will remain with the Company during the employees time-off and in the case of rental drivers the rental vehicle will be returned to the vehicle owner

ARTICLE 21 INSURANCE

21 01 Every car owner has the right to obtain insurance from the broker or Company of their choice without interference from the Owners Group

2102 The Owners Group shall upon written request from an employee who is presently insured by a member of the Owners Group provide written details of claim settlements and accident records

2103 The Company shall provide at no extra cost motor vehicle insurance coverage with collision provision deductible not exceeding $75000 or the cost of repair whichever is less for each at fault accident

21 04 The Company shall provide at no extra cost comprehensive coverage with zero deductible including but not limited to middotfire and theft It is agreed and understood that comprehensive coverage does not cover driver owned equipment

Collective Agreement Page26

21 05 The Company shall provide accident benefit coverage as set out in the OAP 1 of the Ontario Automobile Insurance Act and shall abide by the guidelines and statutory conditions as set out by the Insurance Company with whom the Company is insured

2106 With respect to Articles 2103 2104 and 2106 above which applies to accessible shift vehicles only) the Companys obligation is to provide insurance coverage only Any determination of whether a driver is entitled to insurance benefits andor whether a claim shall be paid or denied in any given situation shall be the sole and exclusive responsibility of the Insurance Company

2107 A driver who is insured through the Company shall provide the Company with a Motor Vehicle Drivers Abstract one month before the annual renewal of the Companys insurance policy A driver shall provide additional Motor Vehicle Drivers Abstracts as requested by the Insurer

21 08 The Companys insurer may judge a driver to be a high risk and may assess a surcharge accordingly A driver who is found tomiddot be a higher risk will bear the cost of any such surcharge

21 09 A driver insured by the Companys insurer who is involved in an accident shall regardless of whether he or she was at fault notify the dispatcher immediately The driver shall indicate whether the accident should be reported to the police and whether the customer or driver require medical attention Following notification of the dispatcher the driver shall remove the roof sign from the vehicle and record to the best of his or her ability all relevant information The driver shall bring the relevant information to the office within 24 hours of the incident excluding weekends and holidays)

2110 Drivers are responsible for the replacement of all lost or stolen antennae andor roof signs

2111 The Company shall pay the full El payments for all rental drivers In the event of an increase in the premiums during the life of this Collective Agreement drivers shall pay the drivers share of the increase

2112 All drivers who are insured through the Company obtained insurance must sign the Companys insurance agreement prior to commencing work The Company shall provide insurance agreements with no more than a $75000 deductible to be paid after the accident The amount shall be paid at the rate of $1000 per shift until fully paid

Collective Agreement ((Companyraquo Page27

ARTICLE 22 TAXI PLATE SALES

2201 1 Members of the Owners Group shall be able to sell plate(s) in the following manner

2202

(a) A notice of its intent to sell plate(s) shall be posted and announced over the dispatch system for a period of three (3) days and shall be offered to the lessees and rental drivers in the bargaining unit

(b) Where there is more than one interested applicant the plate(s) shall be offered based on seniority and plates sold shall be the plate of the most junior lesseedriver

Where the sale will result in the layoff of a driver that driver shall be recalled prior to any new hires by all Members of the Owners Group

2 Where there are no applicants the Member of the Owners Group will sell the last leased plate at their discretion Any driver laid off shall be recalled prior to any new hires by all members of the Owners Group

3 Sale of More Than One Plate at One Time

4

5

The Owners Group has the right to sell to whomever they choose provided that no one is displaced

In the event that the most junior lessee is displaced as a result of the sale of the plate the Company agrees to pay to the displaced lessee no more than fifty-five thousand dollars ($5500000) in the first year of this Agreement and according to the succession plan as outlined in article 23 for the following years of this Agreement This would apply only if the said lessee has complied with the succession plan as per article 23

An individual Member of the Owners Group shall not require any of his drivers to give up their rights under this Agreement and work under another roof sign without the drivers written consent given before a Notary Public for Ontario The Union shall be supplied with copies of the consents

In the case where a Member of the Owners Group is leasing a taxi plate and the Member of the Owners Group has a car under this plate and this vehicle is then rented out on a 12 or 24 hour rental this article then does not apply The Owners Group cannot be held responsible for any damage or compensation that may arise from the actions taken by the 3rd party

Collective Agreement laquoCompanyraquo Page28

2301

2302

2303

1

2

3

4

ARTICLE 23 SUCCESSION AND TAXI PLATE LEASES

Definition

The process by which the lessee of a Company-owned taxi license plate having determined that heshe wishes to retire andor otherwise terminate hisher relationship with the Company and having officially notified in writing both the Union and the Company of hisher intention to do so offers the opportunity to hisher driver to be the lessees successor all in accordance with the conditions sot out in this Article

In order to be eligible to offer a lease for succession the lessee must have been a party to a valid taxi plate Leasing Agreement with the Company for a minimum of one (1) year and have two (2) years of continuous uninterrupted service operating a taxi vehicle under the Companys roof sign The lessee must also be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

In order to qualify as a successor the driver must be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

An offer for succession shall follow the following order

No offer for succession can be made until the day after the final version of the seniority list as outlined in Appendix 2 has been agreed upon and signed-off by the Parties

The lessee must notify the Company and the Union in writing of hisher intention to exercise the option of succession and the projected date of the succession

The taxi plate lease shall be offered to the lessees current driver (if any) who shall have thirty (30) days to reject or accept the succession

If the offer is rejected or thirty (30) days have passed since the offer was made the taxi plate lease shall be offered to the drivers who are not single plate lessees (SPL) or a single plate owner (SPO) on the seniority list who shall have thirty (30) days to reject or accept the succession

Collective Agreement ltltCompanygtgt Page29

5

6

2304

2305

2306

2307

2308

2309

The most senior driver on the seniority list (who is not a single plate lessee-SPL or single plate owner-S PO) who accepts the succession shall be the successful incumbent lessee

In the event that no driver accepts the succession the lessee may ask that his request for succession be held in abeyance until such time as an incumbent lessee is found or may retire andor otherwise terminate hisher relationship with the Company at the time of hisher choosing In the event that the lessee retires andor terminates hisher employment relationship the taxi plate shall be returned to the Company and assigned to the next senior eligible driver as per the Companys past practice

The succession shall be valued at no more and no less than fifty-five thousand dollars ($5500000) except as modified as per sub-Article 2308 The driver (incumbent lessee) shall pay to the lessee the full value of the succession fee within sixty (60) days of the date of acceptance of the offer Once the driver has paid the succession fee the driver becomes a single plate lessee for the purposes of this Collective Agreement and will assume all rights duties responsibilities and obligations of a single plate lessee as set out in this Collective Agreement

The Parties agree that any monies or other considerations paid to a lessee at any time other than the time set out in sub-Article 2304 above shall not be counted towards the succession fee

The amount of $300000 (plus HST if applicable) shall be paid to the Company as a consulting fee by the incumbent lessee no later than the day before the day the incumbent lessee becomes a single plate lessee for the purposes of this Collective Agreement

Any lessee who exercises the succession option voluntarily terminates hisher employment with the Company and loses all seniority A driver who wishes to subsequently be rehired by the Company as a driver shall be placed at the bottom of the seniority list The driver will be eligible to become a lessee two (2) years from the date of hisher rehiring

The amount set out in sub-Article 2304 shall be increased annually on the date of the plate and stand rent increases set out in Article 27 of this Collective Agreement The annual increase shall be the same as the average of the percentage increase in the plate rent and the stand rent for that year

In the event of the death of a lessee and provided the lessee is up to date with all payments to the Company and has no outstanding amounts owing to the Company whatsoever the lessees estate shall have up to six (6) months from the date of death to exercise the option of succession

Collective Agreement laquoCompanybullbull Page 30

2310

2311

(a)

(b)

(c)

2312

Leasing agreements must be entered into provided they do not conflict with the terms of this Agreement

Without limiting the generality of 2310 in any way whatsoever a leasing agreement shall contain the following provisions

The lease shall terminate automatically for failure to fuHill any term of the lease including but not limited to failure by the lessee to fulfill any financial obligation or failure by the lessee to obtain replacement insurance in the event of cancellation of insurance

The lessee shall be the principal driver of the taxi vehicle which is attached to the taxi license plate

This Collective Agreement between the parties shall be the entire agreement and there shall be no other fee condition or other obligation except those set out in the Collective Agreement

All leased plates shall remain as such and shall not be converted to rental vehicles for the duration of this Agreement provided there are persons willing to leased said plates

ARTICLE 24 GRIEVANCE PROCEDURE

2401 A grievance shall include any issue regarding the interpretation administration application or alleged violation of this agreement It is the mutual desire of the parties that complaints of the drivers be adjusted as quickly as possible To that end the parties have adopted the following grievance procedure

STEP 1 A driver may bring his complaint to the Supervisor of the Members of the Owners Group If the driver does bring his complaint to the Supervisor he must do so within twenty (20) days of the incident or of he having knowledge of this incident giving rise to the complaint Where the complaint is brought forward it must be given to the Supervisor and the Supervisor shall reply within two (2) working days

STEP 2 Failing settlement of the complaint at Step 1 or where the driver has chosen not to avail himself of Step 1 the driver must file the grievance in writing within twenty (20) days of the incident or omiddotf he having knowledge of this incident giving rise to the grievance The grievance must be referred to the Member of the Owners Group claimed to be responsible andor any other person designated by the Member of the Owners Group Grievances shall be dealt with at the Step 2 meeting which shall be scheduled on the 3rd Wednesday of every month This monthly Step 2

Collective Agreement ccCompanyraquo Page 31

meeting shall be one meeting held at the Companys office Where the grievance involves the discharge of a driver the parties agree to meet within ten (1 0) working days of the filing of the grievance A representative of the Union shall be present at all step 2 meetings The Member of the Owners Group must respond within three (3) working days of the meeting

2402 Should a group grievance or a Union or policy grievance develop it shall be filed at Step 2 within twenty-five (25) days of the incident giving rise to the grievance or of the drivers or Union having knowledge of this incident

2403 Failing settlement under the above the matter in dispute may be taken to arbitration in accordance with article 26

2404 Drivers employed by single plate owners and single plate lessees may not grieve matters or disputes arising between the driver and the single plate owner or single plate lessee A committee shall be set up and made up of equal numbers of Uniondriver and Company personnel to assist in resolving disputes between the drivers and single plate owner and single plate lessee The committee shall have the power to determine a procedure to be followed as well as to determine fault and penalties

ARTICLE 25 ARBIrRATION

2501 After exhausting the provisions of the grievance procedure either of the parties may submit a grievance to arbitration either expedited or formal in writing within thirty (30) days of the Step 2 reply or if there is no reply within thirty (30) days after the expiration of the time limits to provide a reply

2502 Unless otherwise mutually agreed by the parties all grievances referred to arbitration not relating to an indefinite suspension a discharge or any separation of employment or to the interpretation of the collective agreement group grievances and policy grievances shall be referred to the expedited process

Grievances referred to arbitration in respect of indefinite suspensions discharge or separation of employment for any reason or to the interpretation of the collective agreement and group grievances may only be referred to this expedited process by the mutual agreement of the parties

2503 Within fourteen (14) days after notice has been given that the grievance will proceed to formal arbitration the parties shall meet and agree on a single arbitrator If the parties cannot agree on an arbitrator within this time limit either party may request the Minister of Labour to appoint an

Collective Agreement laquoCompanyraquo Page32

arbitrator and this appointment shall be binding on both parties In respect of the cost of arbitration of formal grievances the parties shall share equally the fee and expenses of the sole arbitrator

2504 The formal arbitrator shall have the right to exercise all the powers provided by the Labour Relations Act as amended from time to time

2505 The Arbitrator must hand down a written decision within sixty (60) days of the date of the hearing

2506 As an alternative to the formal arbitration process set out in the foregoing paragraphs a grievance may be referred to a previously agreed-upon person who shall hear the grievance and who shall at the conclusion of the hearing give a decision immediately Such decisions may not be used to alter modify or amend any part of the collective agreement and are made without precedent or prejudice to similar or like cases Such a decision shall be final and binding upon both parties and no further action may be taken on that grievance by any means whatsoever

2507 To maintain the efficiency of this expedited process the parties shall schedule a minimum of one (1) day of arbitration every three- (3) months except in those circumstances where either party deems it necessary to schedule the arbitrator more frequently

2508 The parties shall share equally the fee and expenses of the persons selected to hear the expedited arbitration cases

2509 At all expedited arbitration hearings the Company or Member of the Owners Group shall be represented by a member of their management and the Union shall be represented by a Union staff representative or an officersteward of the Local Union

2510 The Union shall forward to the representative of the Member of the Owners Group a list of the expedited grievances to be heard on the day or days scheduled for the hearing of grievances according to the expedited arbitration procedure The aforementioned list shall be forwarded to the representative of the Member of the Owners Group no later than ten (10) working days in advance of the hearing unless otherwise mutually agreed

2511 By exception a party may call one (1) witness at an expedited arbitration

2512 Prior to proceeding to formal or expedited arbitration and at least thirty (30) days prior to the date of arbitration the parties may upon mutually agreement request that any grievance be referred to a mediator to act as a grievance mediation officer for the purpose of attempting to

Collective Agreement laquoCompanyraquo Page33

mediate a settlement of the grievance The parties shall share equally the fee and expenses of this officer

ARTICLE 26 TAXI PACKAGE

2601 The employer shall provide to the rental driver at no extra cost motor vehicle insurance with a collision provision deductible not exceeding $50000 for each accident at fault

The Owners Group shall also provide to the rental driver at no extra cost comprehensive coverage with zero (0) deductible including but not limited to fire and theft It is agreed and understood that comprehensive coverage does not cover driver added equipment

2602 Each rental driver shall be supplied for a daily twelve (12) or twenty-four (24) hour period at no extra cost a roadworthy safe sedan four (4) door taxicab with proper weather resistant tires for all seasons and with a seating capacity for not less than four (4) passengers containing

2701

2702

2703

1 A roof sign 2 A sealed taxi meter 3 A two-way radio 4 A full size spare tire subject to space limitations 5 A tire tool 6 A jack 7 A mike clip 8 A full tank of gas at start date 9 Air conditioning on replacement vehicle where possible 10 An electric rear window defroster or blower

Any equipment owned by the Owners Group that becomes inoperative shall be repaired as soon as possible

ARTICLE 27 RENTAL CHARGES AND TERMS OF AGREEMENT

This agreement shall take effect upon ratification and be binding on both parties for three (3) years and shall continue for annual periods of one year each unless either party gives at least one hundred and twenty (120) days notice that it wishes to amend this agreement

It is agreed and understood that this agreement will remain in full force and effect until amended by negotiations

Rates shall be as follows

Collective Agreement laquoCompanyn Page 34

712011 712012 712013

Stand Rent (monthly) $43900 $45000 $45900

Plate Rent (monthly) $71926 $75000 $75960

Daily Car Rental 24 hr Regular Plated $9700 $9700 $9700

24 hr Accessible Plated $10500 $10500 $10500 12 hr Regular Plated $6700 $ 6700 $6700

12 hr Accessible Plated middot $8300 $8300 $8300

Credit Card Transaction 50 50 50

Debit Card (per) Transaction $065 $065 $065 (To the Driver)

POS Rental Fee (monthly) $800 $800 $800

POS Insurance (monthly) $300 $300 $300

Note The above rates do not include HST

Note For purposes of car rental rates the weekly rents shall be six (6) times the daily rent

Note It is recommended that drivers use Company supplied POS machines and systems

2704 Employees shall pay all monies owed to the Company in the following manner Monthly By the 5th business day of the month

2705 Any employee failing to pay monies by the above dates and times shall be suspended and not reinstated until the monies are paid in full and credited to their account

2706 Employees shall be entitled to pay their rents to the company by company approved charges cash and cheque - provided the employee has at least one (1) year of seniority

Employee(s) who have one (1) cheque returned NSF shall be suspended immediately upon the company receiving notification from the

Collective Agreement ((Company Page35

bank shall lose such privilege for twelve (12) months and shall be charged the appropriate charges

ARriCLE 28 GENERAL

2801 The Company and drivers shall maintain its internal company charge system and accept major credit cards which currently include Visa Mastercard American Express and Diners Cluben Route as approved by the Company

2802

2803

2804

2805

2806

2807

This system shall continue for the duration of this Agreement so long as external factors outside the Companys control do not prevent the Company from doing so Drivers shall be entitled to cash their charges provided they do not have any outstanding balances at the offices of the Company during the hours of 0830am to 400pm Monday to Friday except holidays The Company shall make available to the employees during normal business office hours receipt cards and credit card slips All credit card charges must be authorized

Drivers shall pay a fee of five (5) of all credit card charges that they redeem

Except as otherwise provided in this agreement all passengers shall be treated in a polite professional courteous and businesslike manner at all times by both the Owners Group and the employees

If requested a properly signed receipt shall be furnished by the owner for all payments made by the driver (If requested said receipt shall show a breakdown of all payments made by the driver and the dates for which they apply) For the purposes of this clause a numbered computer receipt shall be deemed to be signed

The employees who own their own vehicles whether or not they own their own license shall have absolute choice as to where their vehicle is to be repaired andor maintained

No employee either full-time or part-time shall abuse or mistreat any vehicle or equipment (ie roof sign radios meters and aerials)

The Owners Group agrees to work with the Union to lobby the City of Ottawa to allocate stands where necessary and appropriate

The Company agrees to provide the Union with the rules covering the stands controlled by concession agreements

Collective Agreement ccCompanyraquo Page 36

bull

2808 Subject to the provision of adequate insurance coverage all car owners shall be free to place a second driver or a third driver on their vehicles should they require without interference from the Company

2809

2810

2811

2812

2813

2814

In the event the Company refuses an individual employment as a second driver or as a third driver the Company agrees that such refusal may be the subject of a grievance and the onus of proof shall rest with the Company to show just cause for such refusal

The parties agree that no vehicle will have more than three (3) drivers at any one (1) time

The Company shall take reasonable steps to maintain all current concession agreements for the duration of this agreement The Company shall take all reasonable steps to obtain additional concession agreements

The Company shall have a phone line separate from the dispatch office so that drivers business people friends of the office staff may call through middot without having to tie up the dispatchers time The separate phone line may be used by the dispatch office during non-business hours

Time-off without rental fees or loss of seniority will be given to those members of the bargaining unit who are called for jury duty Rental driver(s) must park their rental vehicle(s) at the Companys premises should the jury duty go beyond three (3) days

The Company shall maintain a drivers waiting area As well the Company shall allow the drivers to use the telephone in the office for local calls only pursuant to the current past practice

In the event of an assessment to the CompanyOwners Group by WSIB in relation to the provision of WSIB benefits for the Bargaining unit personnel the CompanyOwners group and the Union agree to renegotiate in good faith the rates set out in Article 2703 Where the parties fail to reach agreement on the issue the matter shall be referred to an arbitrator for full and final settlement

When a customer complaint is received by the dispatcher the latter will advise the customer that an authorized representative of the Company will handle the complaint in an expeditious manner Upon request by the Union the Company shall provide a copy of the computer printout and all other relevant information including but not limited to any taped conversation related to the complaint being investigated The privacy of the customer is paramount and will at all times be respected

Collective Agreement ccCompanybullbull Page 37

2901 (a)

(b)

ARriCLE 29 BEREAVEMENT LEAVE

The Members of the Owners Group agree to grant affected employee(s) the necessary time off of up to four (4) days without fees at the time of death of the following relative(s) of said employee(s) father mother spouse (includes common-law) child brother sister mother andor fathershyin-law

The Members of the Owners Group further agree to grant to affected employees two (2) days without fees at the time of death of the following relatives of the employee sister andor brother-in-law and grandparent

ARTICLE 30 SOCIAL JUSTICE FUND

3001 The Company shall pay to the Union an amount of eight hundred ($80000) dollars per collective agreement year with such amounts being made payable to the CAW Social Justice Fund Inc Said amounts shall be paid by separate cheque by the last day of February in each year of this collective agreement A tax receipt shall be supplied to the Company on receipt of said amount

ARTICLE 31 SAFETY BANQUET

3101 The Company agrees to contribute seven hundred and fifty dollars ($75000) to the Unions annual Safety Banquet in each year of the Collective Agreement

SIGNED THIS DAY OF APRIL 15 2012

FORTH~

~~

Collective Agreement laquoCompanyraquo Page38

Collective Agreement laquoCompanyraquo Page39

SCHEDULE 11 A 11 LIST OF THE OWNERS GROUP

Coventry Connections Inc

Collective Agreement ccCompanyraquo Page40

SCHEDULE nan EXISTING CUSTOMS RIGHTS AND PRIVILEGES

1 There shall be no charge for the receipt cards

2 There shall be no charge for credit card vouchers subject to suppliers (third party) availability and conditions Should the Company pursue a course of action leading to Point of Sale terminals which usage will include Debit transactions Decremental Cards and Credit Cards there would be a charge for paper usage

3 The drivers shall choose their own working hours during their shift

4 Reasonable accommodation shall be given to payment of outstanding debts for accident(s) The following minimum payments are required

A) Up to $1 00000 - $ 1 000 per day

B) Over $100000- $2000 per day

Agreed to on the understanding that this does not apply to spare cars

Collective Agreement laquoCompanyraquo Page 41

SCHEDULE C RULES AND REGULATIONS

1 The following articles of clothing are not acceptable forms of attire at OJS

(a) Sweat pants and shorts except for dress shorts Dress shorts will be allowed from April to Labour Day Drivers caught wearing inappropriate shorts will be given one (1) warning and any future occurrence with regards to inappropriate shorts will cause them to lose the right to wear dress shorts for the duration of that season Shorts can be no shorter than three (3) inches above the knees

(b) T-shirts (except Union decaled T-shirt) without lapels tank tops and muscle s1middot1irts

NB Clothing andor other attire with obscenities profanities or sexually degrading remarks are not acceptable Hair must be clean and neat Faces must be clean-shaven or beards neatly trimmed Clothing must be tear and rip free with no visible patches and is to be cleaned and ironed as required Socks must be worn at all times with all types of footwear except for sandals

2 Drivers must be courteous and pleasant at all times and must conduct themselves in a professional business-like manner

3 There is to be no abusive foul language or gestures directed at customers or the general public

4 Consumption of alcohol or drugs will not be tolerated prior to the commencement of a shift andor while driving

5 There wiil be no arguing and fighting among drivers or other DJs personnel under any circumstances

6 No playing of cards or any other games of chance is allowed at any time when working This includes any form of gambling or betting on the air

7 Profanity or abusive language on the air or in your vehicle is prohibited at all times

8 Use of cell phone during the conveyance of a customer(s) is prohibited

9 Each taxicab and driver shall carry at all times a current street guide Drivers are to make proper use of this guide to avoid unnecessary air time

Collective Agreement ccCompanyraquo Page42

10 Deliveries are to be taken directly to the destination Running other fares while occupied on deliveries will not be permitted unless approved by the dispatcher

11 No messages between drivers are permitted Drivers will receive messages to call home spouse office union office partner or garage

In addition When an authorized Union rep asks the dispatcher to have a member of the bargaining unit call them for union business only this will be allowed and if necessary a phone number will be given

12 Picking up a fare while on the way to an accepted dispatch call will not be permitted

13 Drivers must allow 5 minutes wait at the customers pick-up address

14 Drivers shall take reasonable steps to ensure that they pickup only those fares that they are dispatched to Drivers must check with dispatcher for authorization before taking another fare from same address

15 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical breakdown emergency or any other reason(s) not herein listed the dispatcher shall reshydispatch the fare and suspend the driver for one (1) hour

16 Interference or jamming of the radio is a Federal offence and will not be tolerated

17 When necessary drivers must assist customers with handling of baggage and opening and closing of doors

18 No complaining to customers about short fares or time calls A list of regular short fares will be established and such fares shall be dispatched as Locals

19 At customers request music radio and other sound systems except for the twoshyway radio must be turned off

20 Driver must issue a receipt card upon request by customer Drivers signature must be clearly marked in the appropriate place on the receipt card There is no charge for the issuance of a receipt card

21 No new driver is to commence work until he has been briefed by OJS staff in the operating of our charge account system

22 Some of the guidelines in the operation of our charge account system are as follows

Collective Agreement laquoCompanyraquo Page43

(a) All charges are to be signed with car number (eg-DJ70) and date clearly written

(b) If the fare goes to more than one destination these other destinations are to be clearly marked on the reverse side of the chit

(c) Taxi chits to be signed by the customer and dollar value to be clearly marked

(d) Gift certificates which currently have a maximum value of $500 each are to be accepted at face value and change given as required

(e) Drivers must note on back of chit the drop offpick up address if it is different from address shown on face of chit

Drivers are prohibited from buying other drivers charges whether they be DJS drivers or other cab Companys charges Violation of this rule shall result in the following fines

1st offence -2d offence bull 3rd and subsequent offences-

$5000 per chit $10000 per chit $20000 per chit

plus the face value of each chitCredit Card in all cases

The parties agree that the above penalties are specific penalties within the meaning of the Ontario Labour Relations Act An Arbitrator shall not have the power to alter or modify any penalty imposed under this clause

(f) Drivers must accept all major credit cards approved by OJS Taxi

(g) Drivers are responsible for ensuring that all necessary information is clearly marked on charge vouchers as follows

bull Customers name and signature bull Card number (correct number of digits) bull Expiry date bull Drivers signature and car number (eg-DJ70) bull Ensure proper copies of charges are submitted to the Company for

processing bull No hand written major credit card sales drafts will be accepted

23 All cars are to be cleaned inside and out by 1000 am every day with due regard given to road and weather conditions

Collective Agreement Page44

24 All drivers must ensure that they have change for $2000 at all times and will not be removed from the sheet while getting change provided they are not called

25 No taxicab driver shall charge a passenger for

(a) The cost of proceeding to an establishment for change or

(b) Waiting time while a passenger obtains the change provided the bill presented for payment is of $2000 denomination or less

26 No vehicle to be left unattended with keys in the ignition

27 No person(s) unless authorized by the Company shall accompany the driver in the vehicle while heshe is occupied with a paying fare

28 Taxis must not be left unattended on a OJS taxi concession stand for more than ten (1 0) minutes

29 Only au~horized drivers with valid licenses can operate a taxi-licensed vehicle

30 Roof sign must be removed from vehicle when not on duty or involved in an accident

31 ALL DRIVERS ARE ADVISED THAT IT IS AGAINST THE LAW AND OJS TAXI COMPANY LIMITED POLICY TO REFUSE DOG GUIDES IN THEIR CABS REFUSAL WILL RESULT IN FINES AND DISCIPLINARY ACTION BY THE COMPANY

1st offence - 1 week suspension 2nd offence - 2 weeks suspension

3rd offence - Dismissal No longer working under the OJS roof sign

Accommodating Persons with Disabilities

The Management of OJS Taxi wishes to advise all its employees drivers and others operating under the OJS Taxi roof sign of the OJS Taxi policy with respect to blind passengers whether or not they use dog guides

Under the Blind Persons Rights Act of Ontario no person may either deny any person services customarily available to the public or discriminate against any person with respect to services available to the public for the reason that they are a blind person accompanied by a dog guide

Under the Ontario Human Rights Code every person has a right to equal treatment with respect to the supply of services which includes taxi services

Collective Agreement laquoCompanyraquo Page45

bull

without discrimination because of among other things a disability A disability includes any physical impairment such as being blind visually impaired deaf or hard of hearing

Guide Dogs and Taxi Services Many disabled persons are physically dependent on guide animals in their daily activities Canadians who are blind or visually impaired deaf or hard of hearing or who have other types of disabilities such as epilepsy are dependent on guide animals

Accommodation of these individuals necessitates that they be permitted to take their guide animals with them into taxi cabs Refusing to allow them to do so will infringe on their human rights and is against the Blind Persons Rights Act of Ontario and the Ontario Human Rights Code

This notice will simply repeat what should be apparent to you all that if a blind person with or without a dog guide is refused services by any OJS Taxi driver such actions will result in fines to the driver and other disciplinary action including the possibility of suspension by the Management of DJs Taxi Co Ltd

For more information regarding guide animals please review the attached pamphlet and information sheet published by Dog Guides Canada

Any inquiries concerning this policy should be directed to any member of the Management who will if it is required explain the policy to you

32 Drivers are not allowed in the dispatch office

33 All parking tickets will be paid by the rental driver responsible

34 In order to boost with Company owned taxicabs employees must request an obtain instruction from the garage manager or his designee on the proper method of boosting in order to reduce any risk of injury to the driver passenger and damage to the vehicle(s)

In the event of misuse employees at their discretion may be either disciplined in accordance with the principle of progressive discipline or have the option of reimbursing the Company for the cost of damaged parts

35 Any driver operating a taxi while his drivers license or taxi license is under suspension will be disciplined unless the driver can obtain written proof from the Ontario Ministry of Transport andor the appropriate taxi licensing authority that the driver did not receive evidence that hisher license was suspended or cancelled

36 When necessary or requested all elderly andor disabled customers are to be assisted in and out of taxicab at all times

Collective Agreement laquoCompanyraquo Page 46

37 No stealing fares

38 Drivers are not allowed to book no loads and run the fare

39 Drivers cannot refuse dispatched fares subject to article 1304 andor where the driver believes his safety or health is at risk

40 Failure to come to voice after two (2) requests by the Dispatch Supervisor will result in the Driver being suspended in the computer

41 Dispatch staff will not make phone calls for drivers unless it is an emergency situation

42 There shall be no personalization of any fares or trips placed through the Dispatch System of OJS Taxi except for returns east of but not including the Civic Hospital within the same twenty-four (24) hour period Where a return-call has been prearranged through the Dispatch System prior to the initial call being dispatched then the return-call cannot be personalized

43 Drivers will pay monies owed to the company by 400pm on the day that they are due No driver with an outstanding balance will be allowed to book on the sheet until their account is paid in full to the business office This means credited to their account and a receipt issued

44 Dispatchers shall give the line-up every thirty- (30) minutes except for the months of December January and February On implementation of the Computerized Dispatch this clause will be eliminated

45 All deliveries shall be given out as regular calls except where provided in this agreement and all employees shall have the option to refuse to deliver alcohol When a dispatcher requests a driver to call him for information concerning a delivery the dispatcher will first give the delivery address over the radio to ensure the delivery is being dispatched correctly

46 When drivers book out of their cars to attend scheduled complaint meeting appointments they shall be allowed to remain in their spot on the line up queue passed by for fares and treated by the dispatch as if they are no longer on the sheet

When the affected driver returns to his car and books back in he shall be returned to his position in the line up queue and given his next rightful fare

The maximum time a driver shall be allowed to book out for a complaint meeting is one half-hour

Collective Agreement laquoCompanyraquo Page 47

This rule shall only apply if the affected driver does not incur any discipline as a result of the complaint meeting

47 All cabs at DJS Taxi must have a mike clip and the clip must be used Drivers must pick up their mike when communicating

48 Drivers using vans as taxicabs must have and make use of (when requested or required) a portable step to assist passengers in and out of their vehicles

49 All taxicabs must be free of any body damage and any damage must be repaired within ninety- (90) days

50 Roof signs must be kept in good working order and condition with Company approved logo clearly visible front and rear

51 In order to ensure equipment is compatible with computer dispatch system all new radio equipment must be approved by the Company prior to installation

Collective Agreement laquoCompanyraquo Page48

SCHEDULE D CREDIT CARD POLICY amp PROCEDURES

DRIVERS MUST ACCEPT ALL COMPANY APPROVED CHARGES CREDIT AND DEBIT CARDS

DRIVERS MUST HAVE A POINT OF SALE UNIT AND A MANUAL PRINTER PER CURRENT BYLAW CITY OF OTTAWA

Due to the increased use of fraudulent Credit Cards by customers in taxicabs the following procedures have been developed to protect drivers from falling victim to Credit card fraud When accepting Credit cards the following rules must be followed

Credit and Debit Cards- the following rules must be followed

AUTHORIZATION OF ALL DEBIT AND CREDIT CARDS

All Credit Card slips must be authorized regardless of amount Verification is generally done after the fare is completed but verification of an estimated or known amount can be done prior to the completion of the trip if

bull The destination is beyond the radio coverage area bull The driver has reason(s) to suspect the validity of the card

INFORMATION REQUIRED FOR ACCEPTANCE OF DEBIT ANDOR CREDIT CARD SLIP FOR PAYMENT The completed Credit Card slip must contain all the following information

(a) Vehicle Number (pre-printed on POS slip if not to be written by hand at the bottom of the slip)

(b) Drivers ID Number and Initials (c) Amount of fare and gratuity (if applicable) (d) Authorization number (Pre-printed on POS slip) (e) Date of the fare (Pre-printed on POS slip) (f) The Debit or Credit Card must be swiped at all times (in the event that the

receipt does not print imprinting Credit Card only on manual imprinter is acceptable with customers signature but the imprint of the card number has to be clear) In the case of a swiped transaction part of the card number will display per Credit and Debit Card industry rules

(g) Customers signature clearly written (Credit Card only) marked TRANSACTION COPY We will accept the CUSTOMER COPY as long as it has the customers signature Debit POS slips are to be submitted marked TRANSACTION COPY NO SIGNATURE IS REQUIRED

Collective Agreement laquoCompanyraquo Page49

DISPUTES BY A CUSTOMER

Should a debit or credit card slip be disputed by the customer their bank or other financial institution the company will investigate If such investigation proves fraud or error by the driver the driver will be charged back for the full amount of the charge

If the disputed transaction was processed on a non-company unit a $500 plus HST charge plus the value of the charge will be debited to the drivers account The Company will refund the customer for the value of the charge

Should a customer andor driver report that the charge has been approved more than once the Company will investigate The Company does not allow any refunds in the taxicab Drivers can void a transaction but this must be done before Batch Closing the transaction A Void can only be done in the presence of the customer as the card (debit or credit) must be present The driver can then re-swipe the card for the correct amount The Company publishes a toll free number for customers or drivers to call with any concerns about a transaction If a customer has been charged more than once for the incorrect amount the following procedures apply

Credit Card

The Company will verify that the customer was charged multiple times or has been over-charged and issue a refund as necessary The Company will send a copy to the customer upon request All refunds are processed on a Point of Sale unit or Virtual Merchant (on-line) The Company may contact the driver to determine the validity of the customers details

Debit Card

The Company will verify that the customer was charged multiple times or has been overcharged and issue a cheque refund as necessary The Company keeps a copy of the cheque issued

GENERAL INFORMATIONGUIDELINES

1 If the driver has overcharged the customer and has been paid the incorrect amount the Company will adjust the drivers account and provide a receipt The Company maintains a log in the even there is a dispute by the driver or the customer If the driver reports the overcharge that is logged on a Customer Incident Form which has a Control Number

2 Hand written Credit Cards will not be accepted All Credit Cards must be passed through a manual imprinter which clearly shows the full credit card number If the credit card number is not clear and cannot be authorized

Collective Agreement laquoCompany Page 50

the driver will face debitchargeback of the amount as it cannot be authorized

3 The only Credit Cards accepted by Taxitab a division of Coventry Connections Inc are

i Visa ii Mastercard iii American Express

Note Visa Mastercard and American Express all issue prepaid credit cards these are all accepted

4 Taxitab a Division of Coventry Connections accepts Debit Cards for Canadian Financial Institutions Debit Cards for foreign banks may not

work on the unit Visa Mastercard have commenced issuing Debit Cards these are all accepted These cards are clearly marked on the face of the card with the Visa and Mastercard logos

5 The following items are to be checkedverified by the driver upon presentation of a Credit Car (a to d) Debit Card (d only)

CHECK LIST

(a) Expiry Date Ensure the card is valid Check to be sure that the Card is not being used beyond the expiry date printed on the card If the card is expired refuse to accept it

(b) Altered Cards Check to see if the card has been noticeably altered in any way If it has been refuse to accept it

(c) Card holders name and signature Check that the signature on the Credit Card slip is the same name printed on the card At the same time check that the signature is the same as the signature on the rear of the card If there is no signature on the rear of the card ask the customer to sign it as you are required to check this

If in doubt ask to see some other form of identification (preferably one with a picture and signature) that ensures that the person using the card is who they say they are

(d) Amount of fare and gratuity (if applicable) The amount of the Debit or Credit card slip must be equal to the amount of the fare and the gratuity (where applicable) Each amount should be entered in their respective places and only by the customer unless otherwise directed In the case of a Debit Card customer must always enter their PIN number to

Collective Agreement ltbullCompany Page 51

authorize the card Drivers must remind customer that the TIP field comes first followed by the PIN number

(e) $150 Surcharge

Debit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated by the City of Ottawa By-Law The $150 charge is prompted by the point of sale unit automatically The Driver receives 65cent of the $150 for every transaction

Credit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated in the City of Ottawa By-Law The $150 charge is NOT prompted by the point of sale unit automatically The driver adds the $150 to the metered amount and enters this total in the base amount field

6 CAUTIONS

7

(a)

(b)

(c)

Bank Card only have the Bank name on the card

Credit Cards are identified by the VISA MASTERCARD AMERICAN EXPRESS OR DINERS CLUB-ENROUTE symbols Only Cards with these symbols will be accepted

Credit Cards will have a holographic image on the face of the card

CASH ADVANCES

The use of Credit Cards for cash advances in the taxicab is not permitted Credit Cards must only be used in the taxicab for paying for an actual fare Anyone using a Credit Card in a taxicab to obtain cash advance is most likely using a stolen or fraudulent card

8 OUT OF TOWN FARES

For the drivers protection it is suggested that for fares going out of town and the customer wishes to pay by Credit Card it is recommended that the driver authorize the fare at the beginning of the trip (dispatcher can give an estimated amount) If there is a difference process the difference at the end of the trip There is a pre-authorization feature available for Credit Card only on the Point of Sale unit The Company can activate this on driver request but the driver must be

Collective Agreement ccCompany)) Page 52

bull

9

given correct training for this There are several steps involved with pre-authorization that must be followed before batch closing

BATCH CLOSING

Drivers must close transaction in the terminals at the end of their shift Credit Card authorizations only remain in the terminal for five (5) days after that the processor closes them automatically Drivers must batch close all credit cards no later than four (4) days in order for the items to appear on the batch close report

Batch Close reports will print separately for Debit and Credit Cards and list the details of the transactions in the terminals showing the card type and the last four (4) digits of the card involved This Batch close cannot be reprinted drivers must hold on to them Attach the slips to the Batch Close and bring to the cashier The cashier will verify the attached slips are on the batch close and proceed to pay or credit the driver assuming all slips are authorized and complete (as discussed above under (1) Authorization Procedures)

The following circumstances regarding Batch Closes will apply

(i) Batch Close with All Debit and Signed Credit Card slips- Driver will be paid or credited at time of presentation at a cashiering station

(ii) Batch Close- No Debit Slips if the batch close shows a Debit Slip and the driver has misplaced or lost the slip the Driver will be paid or credited at the time of presentation at a cashiering station

(iii) Batch Close No Credit Card Slip- No Slip No Payment at time of cashiering (driver is to go to Driver Admin in this instance) If the driver has a signed manual slip and the last 4 numbers of the card match those on the batch close the slip will be accepted by the cashier

NO BATCH CLOSE REPORT -If a Driver has lost or misplaced Batch Close report the Driver is to go straight to Driver Admin (not cashiering) The Driver is to bring the receipts (if there is a credit card slip with no signature there is a separate procedure for this below) he has for which he has not batch close Driver Admin will initiate a Batch Close Incident Report which has a Control Number for future reference The Procedure is as follows

(i) Driver Admin to Photocopy all Slips and write the Control from the Batch Close Incident Form on the photocopy and date the sheet The

Collective Agreement ccCompanyraquo Page 53

bull

bull

Driver is to keep this in the event of a dispute or apparent nonshypayment in account

(ii) Driver Admin will complete the top copy of the report attach a copy of the slips The Driver will complete the bottom part of the report and sign it

(iii) Management will need 72 hours (three business days) from the date of Incident Report to investigate the transaction has been settled in the POS unit

(iv) Providing Management confirms the transaction is complete the slips will be credited to the Drivers account and a receipt will be printed A copy of the receipt is attached to the Batch Close Incident Report The Control from the Form is entered when the the amount is credited for reference A receipt can be printed at that time by cashier

(v) In the event that a driver does not have a Batch Close and presents a credit card slip with no signature the following will apply

(vi) If the Driver experiences a problem with the Batch Close or operation of the unit the Driver is to bring the unit to the office during normal hours Management will investigate the issue and call Driver to reshyissue the unit completing paperwork for the replacement unit which the driver will sign

Any driver attempting to defraud a customer by processing a debit or credit slip more than once will be terminated

Collective Agreement laquoCompany)) Page 54

bull

bull

SCHEDULE E STOLEN FARE POLICY

Whenever the Dispatch Supervisor receives a complaint that a fare either dispatched to the complainant or from within the same block of taxi standconcession on which the complainant is parked has been stolen and the identification of the accused is made known the Supervisor shall

(a) Bring the accused to voice and notify himher of the allegations

(b) Inform the complainant that a deposit of forty dollars ($4000) must accompany his accusation and to be deposited within one (1) hour of the complaint Where applicable inform the complainant that the accused wishes to challenge the allegations and the date and time of the hearing shall be known to both parties

(c) A failure of either party to attend the hearing will result in an additional fine of forty dollars ($4000) to be paid within sixty (60) minutes of the conclusion of the hearing or a suspension ob the absent party until payment is received

(d) Inform the accused of the available options

(i) Arrange for repayment of the fare in its entirety to a minimum of forty dollars ($4000) to the complainant a Union representative or the Company on behalf of the complainant within sixty (60) minutes or

(ii) If the allegation is being denied and the accused wishes to refute it forty dollars ($4000) must be deposited at the dispatch office within sixty (60) minutes with a notification to the Dispatch Supervisor that the allegation is being challenged

Where the accused fails to respond to two (2) voice messages or refuses to comply with (c) the accused shall have dispatch services suspended until in compliance or the Company receives instructions from a Union Representative to do otherwise

The penalty for a wrongful accusation is the payment of forty dollars ($4000) to the accused by the accuser in addition to the return of the accuseds deposited payment

It is understood and agreed that the action(s) of the Dispatch Supervisor(s) in the compliance of this Policy is not to be construed as a determination of who is the guilty party In all disputes regarding stolen fares the Committee shall make the final determination with respect to guilt

Collective Agreement laquoCompany Page 55

bull

bull

Note Such fare(s) will not be considered as Stolen Fare(s) if picked up by driver(s) arriving on the Concession(s)Taxi Stand(s) prior the driver(s) who accepted the dispatched fare(s)

Collective Agreement ((Company Page 56

bull bull

APPENDIX 1

PLATE CAR LESSEE IND START LESSEE START

1 1027 5027 ADAM GRANT 1 91111986 111987

2 1015 5015 TIMS VAUGHN 411995 411995

3 1043 5043 MARTON FERENC G 10251995 10251995

4 1050 5050 DUBOIS JOHN 12111994 311996

5 1048 5048 SUNIL JOSHI 1111994 711996

6 1030 5030 SLIM MOHAMED 711996 7111996

7 1041 5041 JAMALEDDINE ZAHER 911996 911996

8 1040 5040 MAHEUX FRANK 11151996 181997

9 1109 1 5109 ASTLEY JAMES 1011994 1131997

10 1045 5045 MELHEM SAMIR 1211996 9211997

11 1028 5028 LABINE ANTHONY 10151980 11281997

12 1054 5054 ELmiddotNEMER NEMER 11131997 21271998

13 1113 5113 WEAGANT BROCK C 82211988 3131998

i

14 1039 5039 SOBH HAC HEM 11171997 5111998

15 1044 1 5044 MOUFARREJ RAYMOND 10241996 1161998

16 1042 5042 MCCONVILLE BILL 311992 11111998

17 1107 5107 GIANNAKOS LOUIS I 9111997 491999

18 1026 5026 VERMA LALIT 51261996 5311999

19 1033 5033 MITCHELL BRUCE 111987 9301999

i

20 1108 5108 PAPPAS CHRISTINE 121111991 1041999

rmiddot 1014 5014 NYTRA BEDRICH 961996 3302000

22 1000 5000 ABOUmiddotARRAG SAM I 611997 7132000

23 1038 5038 MUNROE JOHN 1111977 492001

24 1022 5022 RADULESCU GELU 611999 5232002

25 1139 5139 HASSOUN I MOUFID 71211999 8152002

26 1006 5006 SADER I GHASSAN 6211999 292004

27 1029 5029 CLAYTON GREG 911980 21132004

Collective Agreement ccCompany Page 57

bull

28 1034 5034 IBRAHIM 12301995 4302004

29 1037 5037 ABDALLA HASSAN I 3312000 2202006

30 1010 5010 HASSOUN AD NAN 8272001 312006

31 1031 MASSOUD 1241998 312006

32 1 1o35 5035 JANCO 911992 362006

1 33 1036 5036 SINGH BALWANT 92211999 3172006

Collective Agreement ltltCompanyraquo Page 58

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 19: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

middotAccessible Taxicab is a taxicab which is designed to accommodate one or more individuals who require the use of a wheelchair without the need to transfer the individual from the wheelchair which vehicles are otherwise subject to federal and provincial legislation applicable to the transport of Physically Challenged Persons and in respect of which an accessible plate has been issued

Attribute means in respect of a vehicle the association with that taxicab in the Ziptrack dispatch software system of a special feature (or restriction) for that vehicle required for specific types of fares

Call means a request for taxi service received by Ziptrack by a telephone call to the DJs Taxi number 829-9900

Cover or Covered as applicable to a fare means there-dispatch of a previously accepted fare at the request of the accepting driver for valid reason (mechanical breakdown accident or other emergency) in accordance with normal dispatch procedures

Taxi Stand means a space on private property for taxicabs operating under the DJs Taxi roof sign specified under an agreement between Coventry Connections Inc or Ziptrack Inc or a space specifically designated as a taxi stand from time to time on a public street or other public space by the City of Ottawa

Accessible Vehicle Dispatch

(a) It is agreed that calls placed through the dispatch system for an accessible taxicab shall be dispatched only to accessible taxis defined by the dispatch system as an Attribute Where there are no accessible taxicabs booked into the dispatch system and available to accept a call such call shall be displayed as being available on the fare broadcast screen

(b) An accessible taxicab may be dispatched as a standard sedan taxicab at anytime that it is not dispatched on an accessible fare An accessible taxicab shall not be given priority for any type of fare other than an accessible fare An accessible taxicab shall be booked off all zones when any fare is accepted or rejected

(c) The driver of an accessible taxicab is not authorized to reject an accessible fare if he is booked on the dispatch system or is in a queue at a taxi stand or company concession Failure to accept an accessible fare shall be deemed a rejection of an accessible fare and shall be subject to discipline

Collective Agreement ccCompany Page 17

1301

1302

1303

1304

(d) In the event that a driver of an accessible taxicab who has accepted an accessible fare requests to be covered and where such request is granted the driver shall be booked off the dispatch system for a minimum of one (1) hour or until the fare is covered

(e) The driver of an accessible taxicab that rejects or is deemed to have rejected an accessible fare under paragraph (c) above shall be booked off the dispatch system until one ( 1) hour after the accessible fare has been accepted and or service (the record of which not withstanding sub-Article 908 of the Collective Agreement shall be kept for five (5) years

(f) All accessible calls shall be masked by ACCESSIBLE FARE WAITING

(a)

(b)

(c)

(d)

(e)

ARTICLE 13 EMPLOYEES DUTIES

All employees shall perform their duties in a business like professional and courteous manner and shall not use abusive language on the air to customers or to Owners Group Staff

All employees shall be neatly dressed well groomed neat and clean in personal appearance

All employees shall give a receipt on the authorized form of the Owners Group showing the date car number and drivers name when requested to do so by the passenger or whenever there is a dispute over the fare

Subject to the above and except when he has a previous engagement ttle employee shall serve the first person requiring the service of his taxicab except when the prospective passenger

Is disorderly or abusive or poses a health or safety risk In cases of disputes involving intoxication andor health and safety risk and while the well being of the driver is of paramount importance extreme caution and sound discretion must be exercised prior to any refusal At all times the nature of the business that being a service Industry must be borne in mind so each and every situation must be measured on its own merit by the driver

Is in possession of an animal other than a Guide Animal or

Refuses to state his final destination upon entering the taxicab or

Has not paid a previous fare or

Refuses to pay in advance for flat rate out of town trip(s) or

Collective Agreement laquoCompanyraquo Page 18

(f)

1305

1306

1307

1308

1309

(a)

(b)

(c)

Has called two (2) cab companies for the same fare

In the event a driver discovers a lost object in the taxicab he shall immediately advise the dispatch supervisor of his findings with a description of the object an approximate idea of who might have left said object along with the pick-up and drop-off addresses of the customer if possible

Within twenty-four (24) hours of an objects discovery the driver shall take said object to the nearest Ottawa police station or to the Ziptrack Inc dispatch office at no cost or when directed to do so within the above mentioned twenty four (24) hours A receipt for said object will be issued if requested

Subject to Article 1305 should the customer wish the immediate return of the lost object the dispatcher shall notify the customer of the approximate metered cost of return from the location of the driver at that time and the employee shall return the object immediately to the customer at the standard metered rate

No employee shall be forced to violate a Municipal Provincial or Federal Law or regulation in the performance of ~1is duties

The Company shall provide the drivers with a list of all current flat rates Upon any changes to said list a new list shall be issued within thirty (30) days following such changes

No person(s) who will be driving under the DJs roof sign except for rehires who have been absent for less than three (3) years shall be hired or permitted to commence employment until

Heshe has successfully passed the test which the Company shall devise and administer with regard to the operation and knowledge of the taxi related Industry Said test shall include but not be limited to the knowledge of the Ottawa-Carleton area but with an emphasis on the areas directly affected by this collective agreement

Orientation by the Operations Manager or his designee on the DJs Taxi charge system

Heshe has been given a six (6) hour in-car training session This session will comprise of accompanying the prospective employee for a period of six (6) hours to learn the stands customer relations specific to DJs Taxi two-way radio booking practices and a general familiarization with the DJs environment The cost associated with this in-car training session shall be

Collective Agreement ccCompanyraquo Page 19

$10000 and said cost shall be borne by the prospective employee Failure to pass any portion of this test shall result in a fourteen (14) day waiting period before the applicant will be allowed to re-do the portion(s) of this sub-article which heshe has failed The cost associated with re-doing a) or c) will be $5000 while re-doing both would be $10000

During this waiting period the applicant will not be allowed to operate under the DJs roof sign No person operating a taxicab under the DJs roof sign will be assigned any duties associated with this sub-article

Tests are given on the first and third Mondays of each month on a first come-middotfirst serve basis by appointment Failure to attend for a scheduled date and or time will result in the forfeiture of the appointment and a new date will be booked on a first available basis only

ARTICLE 14 TECHNOLOGICAL CHANGE

1401 Technological Change means but is not limited to the introduction of changes to the present systems the introduction by the Company of additional radio channels computerized dispatching systems or any other mechanical electrical or other system including but not limited to fuel systems at no cost to the drivers

1402 In the event of any technological change the Company shall notify the Union in writing at least ninety (90) days before the introduction of such changes unless prior discussions with the Union have occurred

1501

1502

1)

2)

3)

ARTICLE 15 SENIORITY

Seniority shall be applied in determining layoffs preference for time off and recall from lay off as set out in other provisions of this agreement

Prior to being offered employment an individual shall be required to present to the Member of the Owners Group and the Company all relevant documentation namely

Valid Ontario or Quebec Provincial drivers license with a current provincial driving record with no more than six (6) demerit points at such time and if applicable has been pardoned for any prior conviction for impaired driving

Applicable Taxi Drivers License

Original copy of a Motor vehicle drivers abstract no older than twentyshyeight (28) days

Collective Agreement laquoCompanyraquo Page 20

4) Letter from previous or present insurer (where possible)

5) Work permit if applicable

6) Proof of Union membership

7) Social Insurance Numbercard or verification from appropriate federal government department of such number

8) A clear Police Criminal Record check no older than twenty-eight (28) days

9) Training as set forth in 1309

The above requirements do not apply to a driver who changes status or moves between Members of the Owners Group or Single Plate Owner or Single Plate Lessee provided the driver does not go more than thirty (30) calendar days without being registered on a taxicab except by reason of a proven medical illness Requirement 9 above does not apply to a driver who had previously driven under the DJs Taxi roof sign within the previous twelve (12) months Nevertheless each driver is required to register such changes with the Company To facilitate the drivers ability to register such changes the Company office shall be open from 830 am to 200pm daily except Saturday Sunday and Statutory Holidays

1503 The Owners Group shall recall laid off employees in the reverse order of lay-off

1504 A driver injured or ill should notify the Company and the Union within two (2) weeks of his absence and should arrange to provide a detailed mediqal certificate as evidence of injury or illness and an estimated time of return signed by a doctor in order to preserve his seniority Only an employee returning from an absence of eighteen (18) months or less due to injury or illness shall be returned to his previous vehicle provided that said vehicle is still working as a taxicab if it is not he shall be returned to another vehicle on the same shift he had prior to his injury or illness

A driver replacing another driver who is on sick leave shall be notified of his status by the Owners Group and the Owners Group shall notify the Union of all details

An employee returning within 30 days from an absence due to injury or illness shall be returned to his previous vehicle provided said vehicle is still working as a taxicab and if it is not heshe shall be returned to another vehicle

Collective Agreement laquoCompanyraquo Page 21

1505

(a)

(b)

(c)

(d)

An employee returning to work after thirty (30) days but less than eighteen (18) months from the commencement of hisher injury or illness shall be returned to work displacing the most junior driver driving with the individual member of the Owners Group

Clarity Note (i) A twelve (12) hour driver returning from illnessinjury shall be returned to a twelve (12) hour shift car by replacing the most junior driver driving Should the most junior driver be driving a twenty-four (24) hour car heshe would then be offered the shift remaining after the returning driver has chosen

Clarity Note (ii) A twenty four (24) hour driver returning from illnessinjury would replace the most junior driver and assume hisher shift

Clarity Note (iii) Returning employees shall be given the first available car corresponding to their previous shift

An employee shall lose seniority and as such will cease to be an employee upon

Voluntarily quitting or resigning

Being discharged for just cause and not having been reinstated through the grievance or arbitration procedure

Failing to rent an available vehicle when duly notified of same while on layshyoff except or for certified medical reasons

Being laid off being without a valid work permit or being without a valid Provincial drivers license or appropriate Municipal taxi drivers license for a length of time equal to that employees seniority or twelve (12) months whichever is less

ARTICLE 16 COMMITIEES

1601 A UnionManagement committee shall be appointed consisting of up to three (3) representatives from the Union and up to three (3) representatives from the Company This committee shall meet every six (6) months for the purpose of discussing matters of mutual concern

1602 A safety committee consisting of at least two (2) representatives of the Union and two (2) representatives of the Owners Group shall meet at a mutually agreeable time frame upon the request of either party within thirty (30) days for the purpose of discussing matters of mutual concern Minutes will be kept of each meeting

Collective Agreement laquoCompany Page22

1603 A rules committee consisting of up to three (3) representatives of the union and of up to three (3) representatives of the owners group shall meet at a mutually agreeable time frame upon the request of either party within thirty (30) days for the purpose of negotiating changes to existing rules and for discussing any new rules prior to their implementation

1604 To address advertising the parties agree to establish an Advertising Committee of equal representation to meet at mutually agreeable times upon request of either party within fifteen (15) days of notice being given by either side The Committee shall be responsible for a budget of $2625000 over the term of this collective agreement which sum shall be spent to advertise and promote the DJs business

The parties must agree when and how the advertising will be allocated However the parties agree that advertising would include

bull Flyers bull Newspaper Ads bull Promotional Items (eg fridge magnets) bull Radio

ARTICLE 17 SAFETY AND HEALTH

1701 It is understood and agreed that driver safety is important to the individual employee and to the industry as a whole The Owners Group and employees agree to exercise their rights and to fulfil their obligations in accordance with this understanding The Owners Group will continue to encourage and welcome safety recommendations for the safety and health of drivers during their working hours

1702 The employer shall supply only safe and roadworthy vehicles and the equipment contained therein and the vehicles themselves shall be maintained in good working order Each rental vehicle shall meet the mechanical fitness standards as defined in Provincial legislation

1703 The Company agrees to pay the premiums to an insurer chosen by the Company to provide term life insurance coverage in the amount of ten thousand dollars ($1000000) for all employees provided that the affected employee has a minimum of one (1) year seniority under the DJs Taxi roof sign and is actively working on the day he attains this one ( 1) year seniority

All claims and payments shall be in accordance with the terms of the master policy of the insurer and the Company shall not be liable for any

Collective Agreement laquoCompanyraquo Page 23 middot

bull

non payment by the Insurer This insurance coverage will not be provided to any driver who is 65 years or older at any time during this agreement

The Company shall aid in collecting monies by allowing a cash donation box to be set up at their office for driver(s) involved in serious accidents The Company shall not be responsible for said box

1704 The Company shall supply a safety shield for the company owned rental vehicle when requested by that driver

All rental drivers who request a shield must continue to operate on a vehicle that is equipped with a safety shield so long as said driver is operating under the DJs roof sign provided one (1) is available Company rental drivers working with a shield shall have the option of refusing to operate any spare rental vehicle not equipped with a safety shield However once a driver accepts a spare rental vehicle not equipped with a shield he will be deemed to have given up his right to exercise this option on the same shift

ARTICLE 18 WORK WEEK

1801 The Owners Group agrees that the employees shall determine their work week subject to the provisions of this agreement

1802 The Owners Group agrees that the work week shall be based on seven (7) days

1803 Rental drivers shall pay their weekly rental over six (6) days and have the use of the vehicle for seven (7) days

1804 Stand rents for car owners shall be calculated weekly paid monthly or weekly at the discretion of the employee but limited to one change in the payment structure per calendar year Any reduction is to be calculated on a weekly basis and there shall be no reduction given for anything less than seven (7) consecutive days off except where provided in this agreement

1805 Shifts shall be mutually agreed upon by the partners on the vehicle and in case of dispute shifts shall commence at 400am and 400pm The change-over location shall be mutually agreed to by the partners on the vehicle and in case of dispute change over shall be at the Companys office

ARTICLE 19 STATUTORY HOLIDAYS

Collective Agreement laquoCompanyraquo Page 24

1901 (a)

(b)

All rental drivers (12 amp 24 hours) of the Owners Group shall be entitled to the following days off provided that they have worked more than three (3) consecutive months under the Companys roof sign

All single plate owners (SPO) and single plate lessees (SPL) shall be entitled to the following days off provided that they have completed three (3) months of service under the Companys roof sign and they shall not be charged plate rent or stand rent for said statutory holidays

Employees meeting the criteria outlined in (a) and (b) above shall be given credit for said days whether they choose to work or not Credits for statutory holidays shall be given at the time that payment is made for the period covering the day of the holiday

New Years Day Family Day Good Friday

Victoria Day Canada Day Labour Day

ARTICLE 20 TIME OFF

Thanksgiving Day Christmas Day Boxing Day

2001 All rental drivers (12 amp 24 hours) shall be entitled to four (4) weeks annual time-off

All single plate lessees (SPL) shall be entitled to five (5) weeks annual time-off for which they shall not be charged stand rent for time-off taken During said time-off heshe shall not be charged plate rent for the first four (4) weeks

All single plate owners (SPO) shall be entitled to seven (7) weeks annual time-off During this period they shall not be charged stand rent

SPOs and SPLs outlined above will be granted their requested time-off entitlement provided they have no balance owing and provided that a minimum of one (1) week written notice is given to the individual Member of the Owners Group (MOG) and the Company and provided further that said drivers have a minimum of one (1) completed year of uninterrupted service under the Companys roof sign

In cases of accidents and major breakdowns involving SPO and SPL no notice period will be required for time-off and credits for such time-off will be based on daily increments

Where a SPOor a SPL has used all hisher allotted time off and said SPO or SPL has an accident or major breakdown heshe will be given up to a maximum of ten (1 0) additional days of time off and during said time

Collective Agreement laquoCompanygtbull Page 25

heshe shall not be charged any stand rent subject to proof of inoperability of the vehicle being provided

In the case of SPOs and SPLs extended time-off will be allowed for overseas trips All rents must be paid in advance to cover the time off for the extension

Explanation Car owners time off is only when the car is off the road If the SPO or SPL puts a driver on the car it is not considered part of this time off

2002 Single plate owners and single plate lessees will be responsible for arranging for time off for their drivers

2003 Time off may be taken weekly or bi-weekly at the employees discretion Provided further where the employee has taken a minimum of one (1) week heshe may take additional days) of less than weekly increments) in conjunction with the one 1) week

2004 Time off must be taken during the calendar year and cannot be accumulated over more than one calendar (1 year

2005 The MOG SPL and SPO agree that roof signs taxi plates and all other items (computer equipment will remain with the Company during the employees time-off and in the case of rental drivers the rental vehicle will be returned to the vehicle owner

ARTICLE 21 INSURANCE

21 01 Every car owner has the right to obtain insurance from the broker or Company of their choice without interference from the Owners Group

2102 The Owners Group shall upon written request from an employee who is presently insured by a member of the Owners Group provide written details of claim settlements and accident records

2103 The Company shall provide at no extra cost motor vehicle insurance coverage with collision provision deductible not exceeding $75000 or the cost of repair whichever is less for each at fault accident

21 04 The Company shall provide at no extra cost comprehensive coverage with zero deductible including but not limited to middotfire and theft It is agreed and understood that comprehensive coverage does not cover driver owned equipment

Collective Agreement Page26

21 05 The Company shall provide accident benefit coverage as set out in the OAP 1 of the Ontario Automobile Insurance Act and shall abide by the guidelines and statutory conditions as set out by the Insurance Company with whom the Company is insured

2106 With respect to Articles 2103 2104 and 2106 above which applies to accessible shift vehicles only) the Companys obligation is to provide insurance coverage only Any determination of whether a driver is entitled to insurance benefits andor whether a claim shall be paid or denied in any given situation shall be the sole and exclusive responsibility of the Insurance Company

2107 A driver who is insured through the Company shall provide the Company with a Motor Vehicle Drivers Abstract one month before the annual renewal of the Companys insurance policy A driver shall provide additional Motor Vehicle Drivers Abstracts as requested by the Insurer

21 08 The Companys insurer may judge a driver to be a high risk and may assess a surcharge accordingly A driver who is found tomiddot be a higher risk will bear the cost of any such surcharge

21 09 A driver insured by the Companys insurer who is involved in an accident shall regardless of whether he or she was at fault notify the dispatcher immediately The driver shall indicate whether the accident should be reported to the police and whether the customer or driver require medical attention Following notification of the dispatcher the driver shall remove the roof sign from the vehicle and record to the best of his or her ability all relevant information The driver shall bring the relevant information to the office within 24 hours of the incident excluding weekends and holidays)

2110 Drivers are responsible for the replacement of all lost or stolen antennae andor roof signs

2111 The Company shall pay the full El payments for all rental drivers In the event of an increase in the premiums during the life of this Collective Agreement drivers shall pay the drivers share of the increase

2112 All drivers who are insured through the Company obtained insurance must sign the Companys insurance agreement prior to commencing work The Company shall provide insurance agreements with no more than a $75000 deductible to be paid after the accident The amount shall be paid at the rate of $1000 per shift until fully paid

Collective Agreement ((Companyraquo Page27

ARTICLE 22 TAXI PLATE SALES

2201 1 Members of the Owners Group shall be able to sell plate(s) in the following manner

2202

(a) A notice of its intent to sell plate(s) shall be posted and announced over the dispatch system for a period of three (3) days and shall be offered to the lessees and rental drivers in the bargaining unit

(b) Where there is more than one interested applicant the plate(s) shall be offered based on seniority and plates sold shall be the plate of the most junior lesseedriver

Where the sale will result in the layoff of a driver that driver shall be recalled prior to any new hires by all Members of the Owners Group

2 Where there are no applicants the Member of the Owners Group will sell the last leased plate at their discretion Any driver laid off shall be recalled prior to any new hires by all members of the Owners Group

3 Sale of More Than One Plate at One Time

4

5

The Owners Group has the right to sell to whomever they choose provided that no one is displaced

In the event that the most junior lessee is displaced as a result of the sale of the plate the Company agrees to pay to the displaced lessee no more than fifty-five thousand dollars ($5500000) in the first year of this Agreement and according to the succession plan as outlined in article 23 for the following years of this Agreement This would apply only if the said lessee has complied with the succession plan as per article 23

An individual Member of the Owners Group shall not require any of his drivers to give up their rights under this Agreement and work under another roof sign without the drivers written consent given before a Notary Public for Ontario The Union shall be supplied with copies of the consents

In the case where a Member of the Owners Group is leasing a taxi plate and the Member of the Owners Group has a car under this plate and this vehicle is then rented out on a 12 or 24 hour rental this article then does not apply The Owners Group cannot be held responsible for any damage or compensation that may arise from the actions taken by the 3rd party

Collective Agreement laquoCompanyraquo Page28

2301

2302

2303

1

2

3

4

ARTICLE 23 SUCCESSION AND TAXI PLATE LEASES

Definition

The process by which the lessee of a Company-owned taxi license plate having determined that heshe wishes to retire andor otherwise terminate hisher relationship with the Company and having officially notified in writing both the Union and the Company of hisher intention to do so offers the opportunity to hisher driver to be the lessees successor all in accordance with the conditions sot out in this Article

In order to be eligible to offer a lease for succession the lessee must have been a party to a valid taxi plate Leasing Agreement with the Company for a minimum of one (1) year and have two (2) years of continuous uninterrupted service operating a taxi vehicle under the Companys roof sign The lessee must also be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

In order to qualify as a successor the driver must be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

An offer for succession shall follow the following order

No offer for succession can be made until the day after the final version of the seniority list as outlined in Appendix 2 has been agreed upon and signed-off by the Parties

The lessee must notify the Company and the Union in writing of hisher intention to exercise the option of succession and the projected date of the succession

The taxi plate lease shall be offered to the lessees current driver (if any) who shall have thirty (30) days to reject or accept the succession

If the offer is rejected or thirty (30) days have passed since the offer was made the taxi plate lease shall be offered to the drivers who are not single plate lessees (SPL) or a single plate owner (SPO) on the seniority list who shall have thirty (30) days to reject or accept the succession

Collective Agreement ltltCompanygtgt Page29

5

6

2304

2305

2306

2307

2308

2309

The most senior driver on the seniority list (who is not a single plate lessee-SPL or single plate owner-S PO) who accepts the succession shall be the successful incumbent lessee

In the event that no driver accepts the succession the lessee may ask that his request for succession be held in abeyance until such time as an incumbent lessee is found or may retire andor otherwise terminate hisher relationship with the Company at the time of hisher choosing In the event that the lessee retires andor terminates hisher employment relationship the taxi plate shall be returned to the Company and assigned to the next senior eligible driver as per the Companys past practice

The succession shall be valued at no more and no less than fifty-five thousand dollars ($5500000) except as modified as per sub-Article 2308 The driver (incumbent lessee) shall pay to the lessee the full value of the succession fee within sixty (60) days of the date of acceptance of the offer Once the driver has paid the succession fee the driver becomes a single plate lessee for the purposes of this Collective Agreement and will assume all rights duties responsibilities and obligations of a single plate lessee as set out in this Collective Agreement

The Parties agree that any monies or other considerations paid to a lessee at any time other than the time set out in sub-Article 2304 above shall not be counted towards the succession fee

The amount of $300000 (plus HST if applicable) shall be paid to the Company as a consulting fee by the incumbent lessee no later than the day before the day the incumbent lessee becomes a single plate lessee for the purposes of this Collective Agreement

Any lessee who exercises the succession option voluntarily terminates hisher employment with the Company and loses all seniority A driver who wishes to subsequently be rehired by the Company as a driver shall be placed at the bottom of the seniority list The driver will be eligible to become a lessee two (2) years from the date of hisher rehiring

The amount set out in sub-Article 2304 shall be increased annually on the date of the plate and stand rent increases set out in Article 27 of this Collective Agreement The annual increase shall be the same as the average of the percentage increase in the plate rent and the stand rent for that year

In the event of the death of a lessee and provided the lessee is up to date with all payments to the Company and has no outstanding amounts owing to the Company whatsoever the lessees estate shall have up to six (6) months from the date of death to exercise the option of succession

Collective Agreement laquoCompanybullbull Page 30

2310

2311

(a)

(b)

(c)

2312

Leasing agreements must be entered into provided they do not conflict with the terms of this Agreement

Without limiting the generality of 2310 in any way whatsoever a leasing agreement shall contain the following provisions

The lease shall terminate automatically for failure to fuHill any term of the lease including but not limited to failure by the lessee to fulfill any financial obligation or failure by the lessee to obtain replacement insurance in the event of cancellation of insurance

The lessee shall be the principal driver of the taxi vehicle which is attached to the taxi license plate

This Collective Agreement between the parties shall be the entire agreement and there shall be no other fee condition or other obligation except those set out in the Collective Agreement

All leased plates shall remain as such and shall not be converted to rental vehicles for the duration of this Agreement provided there are persons willing to leased said plates

ARTICLE 24 GRIEVANCE PROCEDURE

2401 A grievance shall include any issue regarding the interpretation administration application or alleged violation of this agreement It is the mutual desire of the parties that complaints of the drivers be adjusted as quickly as possible To that end the parties have adopted the following grievance procedure

STEP 1 A driver may bring his complaint to the Supervisor of the Members of the Owners Group If the driver does bring his complaint to the Supervisor he must do so within twenty (20) days of the incident or of he having knowledge of this incident giving rise to the complaint Where the complaint is brought forward it must be given to the Supervisor and the Supervisor shall reply within two (2) working days

STEP 2 Failing settlement of the complaint at Step 1 or where the driver has chosen not to avail himself of Step 1 the driver must file the grievance in writing within twenty (20) days of the incident or omiddotf he having knowledge of this incident giving rise to the grievance The grievance must be referred to the Member of the Owners Group claimed to be responsible andor any other person designated by the Member of the Owners Group Grievances shall be dealt with at the Step 2 meeting which shall be scheduled on the 3rd Wednesday of every month This monthly Step 2

Collective Agreement ccCompanyraquo Page 31

meeting shall be one meeting held at the Companys office Where the grievance involves the discharge of a driver the parties agree to meet within ten (1 0) working days of the filing of the grievance A representative of the Union shall be present at all step 2 meetings The Member of the Owners Group must respond within three (3) working days of the meeting

2402 Should a group grievance or a Union or policy grievance develop it shall be filed at Step 2 within twenty-five (25) days of the incident giving rise to the grievance or of the drivers or Union having knowledge of this incident

2403 Failing settlement under the above the matter in dispute may be taken to arbitration in accordance with article 26

2404 Drivers employed by single plate owners and single plate lessees may not grieve matters or disputes arising between the driver and the single plate owner or single plate lessee A committee shall be set up and made up of equal numbers of Uniondriver and Company personnel to assist in resolving disputes between the drivers and single plate owner and single plate lessee The committee shall have the power to determine a procedure to be followed as well as to determine fault and penalties

ARTICLE 25 ARBIrRATION

2501 After exhausting the provisions of the grievance procedure either of the parties may submit a grievance to arbitration either expedited or formal in writing within thirty (30) days of the Step 2 reply or if there is no reply within thirty (30) days after the expiration of the time limits to provide a reply

2502 Unless otherwise mutually agreed by the parties all grievances referred to arbitration not relating to an indefinite suspension a discharge or any separation of employment or to the interpretation of the collective agreement group grievances and policy grievances shall be referred to the expedited process

Grievances referred to arbitration in respect of indefinite suspensions discharge or separation of employment for any reason or to the interpretation of the collective agreement and group grievances may only be referred to this expedited process by the mutual agreement of the parties

2503 Within fourteen (14) days after notice has been given that the grievance will proceed to formal arbitration the parties shall meet and agree on a single arbitrator If the parties cannot agree on an arbitrator within this time limit either party may request the Minister of Labour to appoint an

Collective Agreement laquoCompanyraquo Page32

arbitrator and this appointment shall be binding on both parties In respect of the cost of arbitration of formal grievances the parties shall share equally the fee and expenses of the sole arbitrator

2504 The formal arbitrator shall have the right to exercise all the powers provided by the Labour Relations Act as amended from time to time

2505 The Arbitrator must hand down a written decision within sixty (60) days of the date of the hearing

2506 As an alternative to the formal arbitration process set out in the foregoing paragraphs a grievance may be referred to a previously agreed-upon person who shall hear the grievance and who shall at the conclusion of the hearing give a decision immediately Such decisions may not be used to alter modify or amend any part of the collective agreement and are made without precedent or prejudice to similar or like cases Such a decision shall be final and binding upon both parties and no further action may be taken on that grievance by any means whatsoever

2507 To maintain the efficiency of this expedited process the parties shall schedule a minimum of one (1) day of arbitration every three- (3) months except in those circumstances where either party deems it necessary to schedule the arbitrator more frequently

2508 The parties shall share equally the fee and expenses of the persons selected to hear the expedited arbitration cases

2509 At all expedited arbitration hearings the Company or Member of the Owners Group shall be represented by a member of their management and the Union shall be represented by a Union staff representative or an officersteward of the Local Union

2510 The Union shall forward to the representative of the Member of the Owners Group a list of the expedited grievances to be heard on the day or days scheduled for the hearing of grievances according to the expedited arbitration procedure The aforementioned list shall be forwarded to the representative of the Member of the Owners Group no later than ten (10) working days in advance of the hearing unless otherwise mutually agreed

2511 By exception a party may call one (1) witness at an expedited arbitration

2512 Prior to proceeding to formal or expedited arbitration and at least thirty (30) days prior to the date of arbitration the parties may upon mutually agreement request that any grievance be referred to a mediator to act as a grievance mediation officer for the purpose of attempting to

Collective Agreement laquoCompanyraquo Page33

mediate a settlement of the grievance The parties shall share equally the fee and expenses of this officer

ARTICLE 26 TAXI PACKAGE

2601 The employer shall provide to the rental driver at no extra cost motor vehicle insurance with a collision provision deductible not exceeding $50000 for each accident at fault

The Owners Group shall also provide to the rental driver at no extra cost comprehensive coverage with zero (0) deductible including but not limited to fire and theft It is agreed and understood that comprehensive coverage does not cover driver added equipment

2602 Each rental driver shall be supplied for a daily twelve (12) or twenty-four (24) hour period at no extra cost a roadworthy safe sedan four (4) door taxicab with proper weather resistant tires for all seasons and with a seating capacity for not less than four (4) passengers containing

2701

2702

2703

1 A roof sign 2 A sealed taxi meter 3 A two-way radio 4 A full size spare tire subject to space limitations 5 A tire tool 6 A jack 7 A mike clip 8 A full tank of gas at start date 9 Air conditioning on replacement vehicle where possible 10 An electric rear window defroster or blower

Any equipment owned by the Owners Group that becomes inoperative shall be repaired as soon as possible

ARTICLE 27 RENTAL CHARGES AND TERMS OF AGREEMENT

This agreement shall take effect upon ratification and be binding on both parties for three (3) years and shall continue for annual periods of one year each unless either party gives at least one hundred and twenty (120) days notice that it wishes to amend this agreement

It is agreed and understood that this agreement will remain in full force and effect until amended by negotiations

Rates shall be as follows

Collective Agreement laquoCompanyn Page 34

712011 712012 712013

Stand Rent (monthly) $43900 $45000 $45900

Plate Rent (monthly) $71926 $75000 $75960

Daily Car Rental 24 hr Regular Plated $9700 $9700 $9700

24 hr Accessible Plated $10500 $10500 $10500 12 hr Regular Plated $6700 $ 6700 $6700

12 hr Accessible Plated middot $8300 $8300 $8300

Credit Card Transaction 50 50 50

Debit Card (per) Transaction $065 $065 $065 (To the Driver)

POS Rental Fee (monthly) $800 $800 $800

POS Insurance (monthly) $300 $300 $300

Note The above rates do not include HST

Note For purposes of car rental rates the weekly rents shall be six (6) times the daily rent

Note It is recommended that drivers use Company supplied POS machines and systems

2704 Employees shall pay all monies owed to the Company in the following manner Monthly By the 5th business day of the month

2705 Any employee failing to pay monies by the above dates and times shall be suspended and not reinstated until the monies are paid in full and credited to their account

2706 Employees shall be entitled to pay their rents to the company by company approved charges cash and cheque - provided the employee has at least one (1) year of seniority

Employee(s) who have one (1) cheque returned NSF shall be suspended immediately upon the company receiving notification from the

Collective Agreement ((Company Page35

bank shall lose such privilege for twelve (12) months and shall be charged the appropriate charges

ARriCLE 28 GENERAL

2801 The Company and drivers shall maintain its internal company charge system and accept major credit cards which currently include Visa Mastercard American Express and Diners Cluben Route as approved by the Company

2802

2803

2804

2805

2806

2807

This system shall continue for the duration of this Agreement so long as external factors outside the Companys control do not prevent the Company from doing so Drivers shall be entitled to cash their charges provided they do not have any outstanding balances at the offices of the Company during the hours of 0830am to 400pm Monday to Friday except holidays The Company shall make available to the employees during normal business office hours receipt cards and credit card slips All credit card charges must be authorized

Drivers shall pay a fee of five (5) of all credit card charges that they redeem

Except as otherwise provided in this agreement all passengers shall be treated in a polite professional courteous and businesslike manner at all times by both the Owners Group and the employees

If requested a properly signed receipt shall be furnished by the owner for all payments made by the driver (If requested said receipt shall show a breakdown of all payments made by the driver and the dates for which they apply) For the purposes of this clause a numbered computer receipt shall be deemed to be signed

The employees who own their own vehicles whether or not they own their own license shall have absolute choice as to where their vehicle is to be repaired andor maintained

No employee either full-time or part-time shall abuse or mistreat any vehicle or equipment (ie roof sign radios meters and aerials)

The Owners Group agrees to work with the Union to lobby the City of Ottawa to allocate stands where necessary and appropriate

The Company agrees to provide the Union with the rules covering the stands controlled by concession agreements

Collective Agreement ccCompanyraquo Page 36

bull

2808 Subject to the provision of adequate insurance coverage all car owners shall be free to place a second driver or a third driver on their vehicles should they require without interference from the Company

2809

2810

2811

2812

2813

2814

In the event the Company refuses an individual employment as a second driver or as a third driver the Company agrees that such refusal may be the subject of a grievance and the onus of proof shall rest with the Company to show just cause for such refusal

The parties agree that no vehicle will have more than three (3) drivers at any one (1) time

The Company shall take reasonable steps to maintain all current concession agreements for the duration of this agreement The Company shall take all reasonable steps to obtain additional concession agreements

The Company shall have a phone line separate from the dispatch office so that drivers business people friends of the office staff may call through middot without having to tie up the dispatchers time The separate phone line may be used by the dispatch office during non-business hours

Time-off without rental fees or loss of seniority will be given to those members of the bargaining unit who are called for jury duty Rental driver(s) must park their rental vehicle(s) at the Companys premises should the jury duty go beyond three (3) days

The Company shall maintain a drivers waiting area As well the Company shall allow the drivers to use the telephone in the office for local calls only pursuant to the current past practice

In the event of an assessment to the CompanyOwners Group by WSIB in relation to the provision of WSIB benefits for the Bargaining unit personnel the CompanyOwners group and the Union agree to renegotiate in good faith the rates set out in Article 2703 Where the parties fail to reach agreement on the issue the matter shall be referred to an arbitrator for full and final settlement

When a customer complaint is received by the dispatcher the latter will advise the customer that an authorized representative of the Company will handle the complaint in an expeditious manner Upon request by the Union the Company shall provide a copy of the computer printout and all other relevant information including but not limited to any taped conversation related to the complaint being investigated The privacy of the customer is paramount and will at all times be respected

Collective Agreement ccCompanybullbull Page 37

2901 (a)

(b)

ARriCLE 29 BEREAVEMENT LEAVE

The Members of the Owners Group agree to grant affected employee(s) the necessary time off of up to four (4) days without fees at the time of death of the following relative(s) of said employee(s) father mother spouse (includes common-law) child brother sister mother andor fathershyin-law

The Members of the Owners Group further agree to grant to affected employees two (2) days without fees at the time of death of the following relatives of the employee sister andor brother-in-law and grandparent

ARTICLE 30 SOCIAL JUSTICE FUND

3001 The Company shall pay to the Union an amount of eight hundred ($80000) dollars per collective agreement year with such amounts being made payable to the CAW Social Justice Fund Inc Said amounts shall be paid by separate cheque by the last day of February in each year of this collective agreement A tax receipt shall be supplied to the Company on receipt of said amount

ARTICLE 31 SAFETY BANQUET

3101 The Company agrees to contribute seven hundred and fifty dollars ($75000) to the Unions annual Safety Banquet in each year of the Collective Agreement

SIGNED THIS DAY OF APRIL 15 2012

FORTH~

~~

Collective Agreement laquoCompanyraquo Page38

Collective Agreement laquoCompanyraquo Page39

SCHEDULE 11 A 11 LIST OF THE OWNERS GROUP

Coventry Connections Inc

Collective Agreement ccCompanyraquo Page40

SCHEDULE nan EXISTING CUSTOMS RIGHTS AND PRIVILEGES

1 There shall be no charge for the receipt cards

2 There shall be no charge for credit card vouchers subject to suppliers (third party) availability and conditions Should the Company pursue a course of action leading to Point of Sale terminals which usage will include Debit transactions Decremental Cards and Credit Cards there would be a charge for paper usage

3 The drivers shall choose their own working hours during their shift

4 Reasonable accommodation shall be given to payment of outstanding debts for accident(s) The following minimum payments are required

A) Up to $1 00000 - $ 1 000 per day

B) Over $100000- $2000 per day

Agreed to on the understanding that this does not apply to spare cars

Collective Agreement laquoCompanyraquo Page 41

SCHEDULE C RULES AND REGULATIONS

1 The following articles of clothing are not acceptable forms of attire at OJS

(a) Sweat pants and shorts except for dress shorts Dress shorts will be allowed from April to Labour Day Drivers caught wearing inappropriate shorts will be given one (1) warning and any future occurrence with regards to inappropriate shorts will cause them to lose the right to wear dress shorts for the duration of that season Shorts can be no shorter than three (3) inches above the knees

(b) T-shirts (except Union decaled T-shirt) without lapels tank tops and muscle s1middot1irts

NB Clothing andor other attire with obscenities profanities or sexually degrading remarks are not acceptable Hair must be clean and neat Faces must be clean-shaven or beards neatly trimmed Clothing must be tear and rip free with no visible patches and is to be cleaned and ironed as required Socks must be worn at all times with all types of footwear except for sandals

2 Drivers must be courteous and pleasant at all times and must conduct themselves in a professional business-like manner

3 There is to be no abusive foul language or gestures directed at customers or the general public

4 Consumption of alcohol or drugs will not be tolerated prior to the commencement of a shift andor while driving

5 There wiil be no arguing and fighting among drivers or other DJs personnel under any circumstances

6 No playing of cards or any other games of chance is allowed at any time when working This includes any form of gambling or betting on the air

7 Profanity or abusive language on the air or in your vehicle is prohibited at all times

8 Use of cell phone during the conveyance of a customer(s) is prohibited

9 Each taxicab and driver shall carry at all times a current street guide Drivers are to make proper use of this guide to avoid unnecessary air time

Collective Agreement ccCompanyraquo Page42

10 Deliveries are to be taken directly to the destination Running other fares while occupied on deliveries will not be permitted unless approved by the dispatcher

11 No messages between drivers are permitted Drivers will receive messages to call home spouse office union office partner or garage

In addition When an authorized Union rep asks the dispatcher to have a member of the bargaining unit call them for union business only this will be allowed and if necessary a phone number will be given

12 Picking up a fare while on the way to an accepted dispatch call will not be permitted

13 Drivers must allow 5 minutes wait at the customers pick-up address

14 Drivers shall take reasonable steps to ensure that they pickup only those fares that they are dispatched to Drivers must check with dispatcher for authorization before taking another fare from same address

15 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical breakdown emergency or any other reason(s) not herein listed the dispatcher shall reshydispatch the fare and suspend the driver for one (1) hour

16 Interference or jamming of the radio is a Federal offence and will not be tolerated

17 When necessary drivers must assist customers with handling of baggage and opening and closing of doors

18 No complaining to customers about short fares or time calls A list of regular short fares will be established and such fares shall be dispatched as Locals

19 At customers request music radio and other sound systems except for the twoshyway radio must be turned off

20 Driver must issue a receipt card upon request by customer Drivers signature must be clearly marked in the appropriate place on the receipt card There is no charge for the issuance of a receipt card

21 No new driver is to commence work until he has been briefed by OJS staff in the operating of our charge account system

22 Some of the guidelines in the operation of our charge account system are as follows

Collective Agreement laquoCompanyraquo Page43

(a) All charges are to be signed with car number (eg-DJ70) and date clearly written

(b) If the fare goes to more than one destination these other destinations are to be clearly marked on the reverse side of the chit

(c) Taxi chits to be signed by the customer and dollar value to be clearly marked

(d) Gift certificates which currently have a maximum value of $500 each are to be accepted at face value and change given as required

(e) Drivers must note on back of chit the drop offpick up address if it is different from address shown on face of chit

Drivers are prohibited from buying other drivers charges whether they be DJS drivers or other cab Companys charges Violation of this rule shall result in the following fines

1st offence -2d offence bull 3rd and subsequent offences-

$5000 per chit $10000 per chit $20000 per chit

plus the face value of each chitCredit Card in all cases

The parties agree that the above penalties are specific penalties within the meaning of the Ontario Labour Relations Act An Arbitrator shall not have the power to alter or modify any penalty imposed under this clause

(f) Drivers must accept all major credit cards approved by OJS Taxi

(g) Drivers are responsible for ensuring that all necessary information is clearly marked on charge vouchers as follows

bull Customers name and signature bull Card number (correct number of digits) bull Expiry date bull Drivers signature and car number (eg-DJ70) bull Ensure proper copies of charges are submitted to the Company for

processing bull No hand written major credit card sales drafts will be accepted

23 All cars are to be cleaned inside and out by 1000 am every day with due regard given to road and weather conditions

Collective Agreement Page44

24 All drivers must ensure that they have change for $2000 at all times and will not be removed from the sheet while getting change provided they are not called

25 No taxicab driver shall charge a passenger for

(a) The cost of proceeding to an establishment for change or

(b) Waiting time while a passenger obtains the change provided the bill presented for payment is of $2000 denomination or less

26 No vehicle to be left unattended with keys in the ignition

27 No person(s) unless authorized by the Company shall accompany the driver in the vehicle while heshe is occupied with a paying fare

28 Taxis must not be left unattended on a OJS taxi concession stand for more than ten (1 0) minutes

29 Only au~horized drivers with valid licenses can operate a taxi-licensed vehicle

30 Roof sign must be removed from vehicle when not on duty or involved in an accident

31 ALL DRIVERS ARE ADVISED THAT IT IS AGAINST THE LAW AND OJS TAXI COMPANY LIMITED POLICY TO REFUSE DOG GUIDES IN THEIR CABS REFUSAL WILL RESULT IN FINES AND DISCIPLINARY ACTION BY THE COMPANY

1st offence - 1 week suspension 2nd offence - 2 weeks suspension

3rd offence - Dismissal No longer working under the OJS roof sign

Accommodating Persons with Disabilities

The Management of OJS Taxi wishes to advise all its employees drivers and others operating under the OJS Taxi roof sign of the OJS Taxi policy with respect to blind passengers whether or not they use dog guides

Under the Blind Persons Rights Act of Ontario no person may either deny any person services customarily available to the public or discriminate against any person with respect to services available to the public for the reason that they are a blind person accompanied by a dog guide

Under the Ontario Human Rights Code every person has a right to equal treatment with respect to the supply of services which includes taxi services

Collective Agreement laquoCompanyraquo Page45

bull

without discrimination because of among other things a disability A disability includes any physical impairment such as being blind visually impaired deaf or hard of hearing

Guide Dogs and Taxi Services Many disabled persons are physically dependent on guide animals in their daily activities Canadians who are blind or visually impaired deaf or hard of hearing or who have other types of disabilities such as epilepsy are dependent on guide animals

Accommodation of these individuals necessitates that they be permitted to take their guide animals with them into taxi cabs Refusing to allow them to do so will infringe on their human rights and is against the Blind Persons Rights Act of Ontario and the Ontario Human Rights Code

This notice will simply repeat what should be apparent to you all that if a blind person with or without a dog guide is refused services by any OJS Taxi driver such actions will result in fines to the driver and other disciplinary action including the possibility of suspension by the Management of DJs Taxi Co Ltd

For more information regarding guide animals please review the attached pamphlet and information sheet published by Dog Guides Canada

Any inquiries concerning this policy should be directed to any member of the Management who will if it is required explain the policy to you

32 Drivers are not allowed in the dispatch office

33 All parking tickets will be paid by the rental driver responsible

34 In order to boost with Company owned taxicabs employees must request an obtain instruction from the garage manager or his designee on the proper method of boosting in order to reduce any risk of injury to the driver passenger and damage to the vehicle(s)

In the event of misuse employees at their discretion may be either disciplined in accordance with the principle of progressive discipline or have the option of reimbursing the Company for the cost of damaged parts

35 Any driver operating a taxi while his drivers license or taxi license is under suspension will be disciplined unless the driver can obtain written proof from the Ontario Ministry of Transport andor the appropriate taxi licensing authority that the driver did not receive evidence that hisher license was suspended or cancelled

36 When necessary or requested all elderly andor disabled customers are to be assisted in and out of taxicab at all times

Collective Agreement laquoCompanyraquo Page 46

37 No stealing fares

38 Drivers are not allowed to book no loads and run the fare

39 Drivers cannot refuse dispatched fares subject to article 1304 andor where the driver believes his safety or health is at risk

40 Failure to come to voice after two (2) requests by the Dispatch Supervisor will result in the Driver being suspended in the computer

41 Dispatch staff will not make phone calls for drivers unless it is an emergency situation

42 There shall be no personalization of any fares or trips placed through the Dispatch System of OJS Taxi except for returns east of but not including the Civic Hospital within the same twenty-four (24) hour period Where a return-call has been prearranged through the Dispatch System prior to the initial call being dispatched then the return-call cannot be personalized

43 Drivers will pay monies owed to the company by 400pm on the day that they are due No driver with an outstanding balance will be allowed to book on the sheet until their account is paid in full to the business office This means credited to their account and a receipt issued

44 Dispatchers shall give the line-up every thirty- (30) minutes except for the months of December January and February On implementation of the Computerized Dispatch this clause will be eliminated

45 All deliveries shall be given out as regular calls except where provided in this agreement and all employees shall have the option to refuse to deliver alcohol When a dispatcher requests a driver to call him for information concerning a delivery the dispatcher will first give the delivery address over the radio to ensure the delivery is being dispatched correctly

46 When drivers book out of their cars to attend scheduled complaint meeting appointments they shall be allowed to remain in their spot on the line up queue passed by for fares and treated by the dispatch as if they are no longer on the sheet

When the affected driver returns to his car and books back in he shall be returned to his position in the line up queue and given his next rightful fare

The maximum time a driver shall be allowed to book out for a complaint meeting is one half-hour

Collective Agreement laquoCompanyraquo Page 47

This rule shall only apply if the affected driver does not incur any discipline as a result of the complaint meeting

47 All cabs at DJS Taxi must have a mike clip and the clip must be used Drivers must pick up their mike when communicating

48 Drivers using vans as taxicabs must have and make use of (when requested or required) a portable step to assist passengers in and out of their vehicles

49 All taxicabs must be free of any body damage and any damage must be repaired within ninety- (90) days

50 Roof signs must be kept in good working order and condition with Company approved logo clearly visible front and rear

51 In order to ensure equipment is compatible with computer dispatch system all new radio equipment must be approved by the Company prior to installation

Collective Agreement laquoCompanyraquo Page48

SCHEDULE D CREDIT CARD POLICY amp PROCEDURES

DRIVERS MUST ACCEPT ALL COMPANY APPROVED CHARGES CREDIT AND DEBIT CARDS

DRIVERS MUST HAVE A POINT OF SALE UNIT AND A MANUAL PRINTER PER CURRENT BYLAW CITY OF OTTAWA

Due to the increased use of fraudulent Credit Cards by customers in taxicabs the following procedures have been developed to protect drivers from falling victim to Credit card fraud When accepting Credit cards the following rules must be followed

Credit and Debit Cards- the following rules must be followed

AUTHORIZATION OF ALL DEBIT AND CREDIT CARDS

All Credit Card slips must be authorized regardless of amount Verification is generally done after the fare is completed but verification of an estimated or known amount can be done prior to the completion of the trip if

bull The destination is beyond the radio coverage area bull The driver has reason(s) to suspect the validity of the card

INFORMATION REQUIRED FOR ACCEPTANCE OF DEBIT ANDOR CREDIT CARD SLIP FOR PAYMENT The completed Credit Card slip must contain all the following information

(a) Vehicle Number (pre-printed on POS slip if not to be written by hand at the bottom of the slip)

(b) Drivers ID Number and Initials (c) Amount of fare and gratuity (if applicable) (d) Authorization number (Pre-printed on POS slip) (e) Date of the fare (Pre-printed on POS slip) (f) The Debit or Credit Card must be swiped at all times (in the event that the

receipt does not print imprinting Credit Card only on manual imprinter is acceptable with customers signature but the imprint of the card number has to be clear) In the case of a swiped transaction part of the card number will display per Credit and Debit Card industry rules

(g) Customers signature clearly written (Credit Card only) marked TRANSACTION COPY We will accept the CUSTOMER COPY as long as it has the customers signature Debit POS slips are to be submitted marked TRANSACTION COPY NO SIGNATURE IS REQUIRED

Collective Agreement laquoCompanyraquo Page49

DISPUTES BY A CUSTOMER

Should a debit or credit card slip be disputed by the customer their bank or other financial institution the company will investigate If such investigation proves fraud or error by the driver the driver will be charged back for the full amount of the charge

If the disputed transaction was processed on a non-company unit a $500 plus HST charge plus the value of the charge will be debited to the drivers account The Company will refund the customer for the value of the charge

Should a customer andor driver report that the charge has been approved more than once the Company will investigate The Company does not allow any refunds in the taxicab Drivers can void a transaction but this must be done before Batch Closing the transaction A Void can only be done in the presence of the customer as the card (debit or credit) must be present The driver can then re-swipe the card for the correct amount The Company publishes a toll free number for customers or drivers to call with any concerns about a transaction If a customer has been charged more than once for the incorrect amount the following procedures apply

Credit Card

The Company will verify that the customer was charged multiple times or has been over-charged and issue a refund as necessary The Company will send a copy to the customer upon request All refunds are processed on a Point of Sale unit or Virtual Merchant (on-line) The Company may contact the driver to determine the validity of the customers details

Debit Card

The Company will verify that the customer was charged multiple times or has been overcharged and issue a cheque refund as necessary The Company keeps a copy of the cheque issued

GENERAL INFORMATIONGUIDELINES

1 If the driver has overcharged the customer and has been paid the incorrect amount the Company will adjust the drivers account and provide a receipt The Company maintains a log in the even there is a dispute by the driver or the customer If the driver reports the overcharge that is logged on a Customer Incident Form which has a Control Number

2 Hand written Credit Cards will not be accepted All Credit Cards must be passed through a manual imprinter which clearly shows the full credit card number If the credit card number is not clear and cannot be authorized

Collective Agreement laquoCompany Page 50

the driver will face debitchargeback of the amount as it cannot be authorized

3 The only Credit Cards accepted by Taxitab a division of Coventry Connections Inc are

i Visa ii Mastercard iii American Express

Note Visa Mastercard and American Express all issue prepaid credit cards these are all accepted

4 Taxitab a Division of Coventry Connections accepts Debit Cards for Canadian Financial Institutions Debit Cards for foreign banks may not

work on the unit Visa Mastercard have commenced issuing Debit Cards these are all accepted These cards are clearly marked on the face of the card with the Visa and Mastercard logos

5 The following items are to be checkedverified by the driver upon presentation of a Credit Car (a to d) Debit Card (d only)

CHECK LIST

(a) Expiry Date Ensure the card is valid Check to be sure that the Card is not being used beyond the expiry date printed on the card If the card is expired refuse to accept it

(b) Altered Cards Check to see if the card has been noticeably altered in any way If it has been refuse to accept it

(c) Card holders name and signature Check that the signature on the Credit Card slip is the same name printed on the card At the same time check that the signature is the same as the signature on the rear of the card If there is no signature on the rear of the card ask the customer to sign it as you are required to check this

If in doubt ask to see some other form of identification (preferably one with a picture and signature) that ensures that the person using the card is who they say they are

(d) Amount of fare and gratuity (if applicable) The amount of the Debit or Credit card slip must be equal to the amount of the fare and the gratuity (where applicable) Each amount should be entered in their respective places and only by the customer unless otherwise directed In the case of a Debit Card customer must always enter their PIN number to

Collective Agreement ltbullCompany Page 51

authorize the card Drivers must remind customer that the TIP field comes first followed by the PIN number

(e) $150 Surcharge

Debit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated by the City of Ottawa By-Law The $150 charge is prompted by the point of sale unit automatically The Driver receives 65cent of the $150 for every transaction

Credit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated in the City of Ottawa By-Law The $150 charge is NOT prompted by the point of sale unit automatically The driver adds the $150 to the metered amount and enters this total in the base amount field

6 CAUTIONS

7

(a)

(b)

(c)

Bank Card only have the Bank name on the card

Credit Cards are identified by the VISA MASTERCARD AMERICAN EXPRESS OR DINERS CLUB-ENROUTE symbols Only Cards with these symbols will be accepted

Credit Cards will have a holographic image on the face of the card

CASH ADVANCES

The use of Credit Cards for cash advances in the taxicab is not permitted Credit Cards must only be used in the taxicab for paying for an actual fare Anyone using a Credit Card in a taxicab to obtain cash advance is most likely using a stolen or fraudulent card

8 OUT OF TOWN FARES

For the drivers protection it is suggested that for fares going out of town and the customer wishes to pay by Credit Card it is recommended that the driver authorize the fare at the beginning of the trip (dispatcher can give an estimated amount) If there is a difference process the difference at the end of the trip There is a pre-authorization feature available for Credit Card only on the Point of Sale unit The Company can activate this on driver request but the driver must be

Collective Agreement ccCompany)) Page 52

bull

9

given correct training for this There are several steps involved with pre-authorization that must be followed before batch closing

BATCH CLOSING

Drivers must close transaction in the terminals at the end of their shift Credit Card authorizations only remain in the terminal for five (5) days after that the processor closes them automatically Drivers must batch close all credit cards no later than four (4) days in order for the items to appear on the batch close report

Batch Close reports will print separately for Debit and Credit Cards and list the details of the transactions in the terminals showing the card type and the last four (4) digits of the card involved This Batch close cannot be reprinted drivers must hold on to them Attach the slips to the Batch Close and bring to the cashier The cashier will verify the attached slips are on the batch close and proceed to pay or credit the driver assuming all slips are authorized and complete (as discussed above under (1) Authorization Procedures)

The following circumstances regarding Batch Closes will apply

(i) Batch Close with All Debit and Signed Credit Card slips- Driver will be paid or credited at time of presentation at a cashiering station

(ii) Batch Close- No Debit Slips if the batch close shows a Debit Slip and the driver has misplaced or lost the slip the Driver will be paid or credited at the time of presentation at a cashiering station

(iii) Batch Close No Credit Card Slip- No Slip No Payment at time of cashiering (driver is to go to Driver Admin in this instance) If the driver has a signed manual slip and the last 4 numbers of the card match those on the batch close the slip will be accepted by the cashier

NO BATCH CLOSE REPORT -If a Driver has lost or misplaced Batch Close report the Driver is to go straight to Driver Admin (not cashiering) The Driver is to bring the receipts (if there is a credit card slip with no signature there is a separate procedure for this below) he has for which he has not batch close Driver Admin will initiate a Batch Close Incident Report which has a Control Number for future reference The Procedure is as follows

(i) Driver Admin to Photocopy all Slips and write the Control from the Batch Close Incident Form on the photocopy and date the sheet The

Collective Agreement ccCompanyraquo Page 53

bull

bull

Driver is to keep this in the event of a dispute or apparent nonshypayment in account

(ii) Driver Admin will complete the top copy of the report attach a copy of the slips The Driver will complete the bottom part of the report and sign it

(iii) Management will need 72 hours (three business days) from the date of Incident Report to investigate the transaction has been settled in the POS unit

(iv) Providing Management confirms the transaction is complete the slips will be credited to the Drivers account and a receipt will be printed A copy of the receipt is attached to the Batch Close Incident Report The Control from the Form is entered when the the amount is credited for reference A receipt can be printed at that time by cashier

(v) In the event that a driver does not have a Batch Close and presents a credit card slip with no signature the following will apply

(vi) If the Driver experiences a problem with the Batch Close or operation of the unit the Driver is to bring the unit to the office during normal hours Management will investigate the issue and call Driver to reshyissue the unit completing paperwork for the replacement unit which the driver will sign

Any driver attempting to defraud a customer by processing a debit or credit slip more than once will be terminated

Collective Agreement laquoCompany)) Page 54

bull

bull

SCHEDULE E STOLEN FARE POLICY

Whenever the Dispatch Supervisor receives a complaint that a fare either dispatched to the complainant or from within the same block of taxi standconcession on which the complainant is parked has been stolen and the identification of the accused is made known the Supervisor shall

(a) Bring the accused to voice and notify himher of the allegations

(b) Inform the complainant that a deposit of forty dollars ($4000) must accompany his accusation and to be deposited within one (1) hour of the complaint Where applicable inform the complainant that the accused wishes to challenge the allegations and the date and time of the hearing shall be known to both parties

(c) A failure of either party to attend the hearing will result in an additional fine of forty dollars ($4000) to be paid within sixty (60) minutes of the conclusion of the hearing or a suspension ob the absent party until payment is received

(d) Inform the accused of the available options

(i) Arrange for repayment of the fare in its entirety to a minimum of forty dollars ($4000) to the complainant a Union representative or the Company on behalf of the complainant within sixty (60) minutes or

(ii) If the allegation is being denied and the accused wishes to refute it forty dollars ($4000) must be deposited at the dispatch office within sixty (60) minutes with a notification to the Dispatch Supervisor that the allegation is being challenged

Where the accused fails to respond to two (2) voice messages or refuses to comply with (c) the accused shall have dispatch services suspended until in compliance or the Company receives instructions from a Union Representative to do otherwise

The penalty for a wrongful accusation is the payment of forty dollars ($4000) to the accused by the accuser in addition to the return of the accuseds deposited payment

It is understood and agreed that the action(s) of the Dispatch Supervisor(s) in the compliance of this Policy is not to be construed as a determination of who is the guilty party In all disputes regarding stolen fares the Committee shall make the final determination with respect to guilt

Collective Agreement laquoCompany Page 55

bull

bull

Note Such fare(s) will not be considered as Stolen Fare(s) if picked up by driver(s) arriving on the Concession(s)Taxi Stand(s) prior the driver(s) who accepted the dispatched fare(s)

Collective Agreement ((Company Page 56

bull bull

APPENDIX 1

PLATE CAR LESSEE IND START LESSEE START

1 1027 5027 ADAM GRANT 1 91111986 111987

2 1015 5015 TIMS VAUGHN 411995 411995

3 1043 5043 MARTON FERENC G 10251995 10251995

4 1050 5050 DUBOIS JOHN 12111994 311996

5 1048 5048 SUNIL JOSHI 1111994 711996

6 1030 5030 SLIM MOHAMED 711996 7111996

7 1041 5041 JAMALEDDINE ZAHER 911996 911996

8 1040 5040 MAHEUX FRANK 11151996 181997

9 1109 1 5109 ASTLEY JAMES 1011994 1131997

10 1045 5045 MELHEM SAMIR 1211996 9211997

11 1028 5028 LABINE ANTHONY 10151980 11281997

12 1054 5054 ELmiddotNEMER NEMER 11131997 21271998

13 1113 5113 WEAGANT BROCK C 82211988 3131998

i

14 1039 5039 SOBH HAC HEM 11171997 5111998

15 1044 1 5044 MOUFARREJ RAYMOND 10241996 1161998

16 1042 5042 MCCONVILLE BILL 311992 11111998

17 1107 5107 GIANNAKOS LOUIS I 9111997 491999

18 1026 5026 VERMA LALIT 51261996 5311999

19 1033 5033 MITCHELL BRUCE 111987 9301999

i

20 1108 5108 PAPPAS CHRISTINE 121111991 1041999

rmiddot 1014 5014 NYTRA BEDRICH 961996 3302000

22 1000 5000 ABOUmiddotARRAG SAM I 611997 7132000

23 1038 5038 MUNROE JOHN 1111977 492001

24 1022 5022 RADULESCU GELU 611999 5232002

25 1139 5139 HASSOUN I MOUFID 71211999 8152002

26 1006 5006 SADER I GHASSAN 6211999 292004

27 1029 5029 CLAYTON GREG 911980 21132004

Collective Agreement ccCompany Page 57

bull

28 1034 5034 IBRAHIM 12301995 4302004

29 1037 5037 ABDALLA HASSAN I 3312000 2202006

30 1010 5010 HASSOUN AD NAN 8272001 312006

31 1031 MASSOUD 1241998 312006

32 1 1o35 5035 JANCO 911992 362006

1 33 1036 5036 SINGH BALWANT 92211999 3172006

Collective Agreement ltltCompanyraquo Page 58

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 20: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

1301

1302

1303

1304

(d) In the event that a driver of an accessible taxicab who has accepted an accessible fare requests to be covered and where such request is granted the driver shall be booked off the dispatch system for a minimum of one (1) hour or until the fare is covered

(e) The driver of an accessible taxicab that rejects or is deemed to have rejected an accessible fare under paragraph (c) above shall be booked off the dispatch system until one ( 1) hour after the accessible fare has been accepted and or service (the record of which not withstanding sub-Article 908 of the Collective Agreement shall be kept for five (5) years

(f) All accessible calls shall be masked by ACCESSIBLE FARE WAITING

(a)

(b)

(c)

(d)

(e)

ARTICLE 13 EMPLOYEES DUTIES

All employees shall perform their duties in a business like professional and courteous manner and shall not use abusive language on the air to customers or to Owners Group Staff

All employees shall be neatly dressed well groomed neat and clean in personal appearance

All employees shall give a receipt on the authorized form of the Owners Group showing the date car number and drivers name when requested to do so by the passenger or whenever there is a dispute over the fare

Subject to the above and except when he has a previous engagement ttle employee shall serve the first person requiring the service of his taxicab except when the prospective passenger

Is disorderly or abusive or poses a health or safety risk In cases of disputes involving intoxication andor health and safety risk and while the well being of the driver is of paramount importance extreme caution and sound discretion must be exercised prior to any refusal At all times the nature of the business that being a service Industry must be borne in mind so each and every situation must be measured on its own merit by the driver

Is in possession of an animal other than a Guide Animal or

Refuses to state his final destination upon entering the taxicab or

Has not paid a previous fare or

Refuses to pay in advance for flat rate out of town trip(s) or

Collective Agreement laquoCompanyraquo Page 18

(f)

1305

1306

1307

1308

1309

(a)

(b)

(c)

Has called two (2) cab companies for the same fare

In the event a driver discovers a lost object in the taxicab he shall immediately advise the dispatch supervisor of his findings with a description of the object an approximate idea of who might have left said object along with the pick-up and drop-off addresses of the customer if possible

Within twenty-four (24) hours of an objects discovery the driver shall take said object to the nearest Ottawa police station or to the Ziptrack Inc dispatch office at no cost or when directed to do so within the above mentioned twenty four (24) hours A receipt for said object will be issued if requested

Subject to Article 1305 should the customer wish the immediate return of the lost object the dispatcher shall notify the customer of the approximate metered cost of return from the location of the driver at that time and the employee shall return the object immediately to the customer at the standard metered rate

No employee shall be forced to violate a Municipal Provincial or Federal Law or regulation in the performance of ~1is duties

The Company shall provide the drivers with a list of all current flat rates Upon any changes to said list a new list shall be issued within thirty (30) days following such changes

No person(s) who will be driving under the DJs roof sign except for rehires who have been absent for less than three (3) years shall be hired or permitted to commence employment until

Heshe has successfully passed the test which the Company shall devise and administer with regard to the operation and knowledge of the taxi related Industry Said test shall include but not be limited to the knowledge of the Ottawa-Carleton area but with an emphasis on the areas directly affected by this collective agreement

Orientation by the Operations Manager or his designee on the DJs Taxi charge system

Heshe has been given a six (6) hour in-car training session This session will comprise of accompanying the prospective employee for a period of six (6) hours to learn the stands customer relations specific to DJs Taxi two-way radio booking practices and a general familiarization with the DJs environment The cost associated with this in-car training session shall be

Collective Agreement ccCompanyraquo Page 19

$10000 and said cost shall be borne by the prospective employee Failure to pass any portion of this test shall result in a fourteen (14) day waiting period before the applicant will be allowed to re-do the portion(s) of this sub-article which heshe has failed The cost associated with re-doing a) or c) will be $5000 while re-doing both would be $10000

During this waiting period the applicant will not be allowed to operate under the DJs roof sign No person operating a taxicab under the DJs roof sign will be assigned any duties associated with this sub-article

Tests are given on the first and third Mondays of each month on a first come-middotfirst serve basis by appointment Failure to attend for a scheduled date and or time will result in the forfeiture of the appointment and a new date will be booked on a first available basis only

ARTICLE 14 TECHNOLOGICAL CHANGE

1401 Technological Change means but is not limited to the introduction of changes to the present systems the introduction by the Company of additional radio channels computerized dispatching systems or any other mechanical electrical or other system including but not limited to fuel systems at no cost to the drivers

1402 In the event of any technological change the Company shall notify the Union in writing at least ninety (90) days before the introduction of such changes unless prior discussions with the Union have occurred

1501

1502

1)

2)

3)

ARTICLE 15 SENIORITY

Seniority shall be applied in determining layoffs preference for time off and recall from lay off as set out in other provisions of this agreement

Prior to being offered employment an individual shall be required to present to the Member of the Owners Group and the Company all relevant documentation namely

Valid Ontario or Quebec Provincial drivers license with a current provincial driving record with no more than six (6) demerit points at such time and if applicable has been pardoned for any prior conviction for impaired driving

Applicable Taxi Drivers License

Original copy of a Motor vehicle drivers abstract no older than twentyshyeight (28) days

Collective Agreement laquoCompanyraquo Page 20

4) Letter from previous or present insurer (where possible)

5) Work permit if applicable

6) Proof of Union membership

7) Social Insurance Numbercard or verification from appropriate federal government department of such number

8) A clear Police Criminal Record check no older than twenty-eight (28) days

9) Training as set forth in 1309

The above requirements do not apply to a driver who changes status or moves between Members of the Owners Group or Single Plate Owner or Single Plate Lessee provided the driver does not go more than thirty (30) calendar days without being registered on a taxicab except by reason of a proven medical illness Requirement 9 above does not apply to a driver who had previously driven under the DJs Taxi roof sign within the previous twelve (12) months Nevertheless each driver is required to register such changes with the Company To facilitate the drivers ability to register such changes the Company office shall be open from 830 am to 200pm daily except Saturday Sunday and Statutory Holidays

1503 The Owners Group shall recall laid off employees in the reverse order of lay-off

1504 A driver injured or ill should notify the Company and the Union within two (2) weeks of his absence and should arrange to provide a detailed mediqal certificate as evidence of injury or illness and an estimated time of return signed by a doctor in order to preserve his seniority Only an employee returning from an absence of eighteen (18) months or less due to injury or illness shall be returned to his previous vehicle provided that said vehicle is still working as a taxicab if it is not he shall be returned to another vehicle on the same shift he had prior to his injury or illness

A driver replacing another driver who is on sick leave shall be notified of his status by the Owners Group and the Owners Group shall notify the Union of all details

An employee returning within 30 days from an absence due to injury or illness shall be returned to his previous vehicle provided said vehicle is still working as a taxicab and if it is not heshe shall be returned to another vehicle

Collective Agreement laquoCompanyraquo Page 21

1505

(a)

(b)

(c)

(d)

An employee returning to work after thirty (30) days but less than eighteen (18) months from the commencement of hisher injury or illness shall be returned to work displacing the most junior driver driving with the individual member of the Owners Group

Clarity Note (i) A twelve (12) hour driver returning from illnessinjury shall be returned to a twelve (12) hour shift car by replacing the most junior driver driving Should the most junior driver be driving a twenty-four (24) hour car heshe would then be offered the shift remaining after the returning driver has chosen

Clarity Note (ii) A twenty four (24) hour driver returning from illnessinjury would replace the most junior driver and assume hisher shift

Clarity Note (iii) Returning employees shall be given the first available car corresponding to their previous shift

An employee shall lose seniority and as such will cease to be an employee upon

Voluntarily quitting or resigning

Being discharged for just cause and not having been reinstated through the grievance or arbitration procedure

Failing to rent an available vehicle when duly notified of same while on layshyoff except or for certified medical reasons

Being laid off being without a valid work permit or being without a valid Provincial drivers license or appropriate Municipal taxi drivers license for a length of time equal to that employees seniority or twelve (12) months whichever is less

ARTICLE 16 COMMITIEES

1601 A UnionManagement committee shall be appointed consisting of up to three (3) representatives from the Union and up to three (3) representatives from the Company This committee shall meet every six (6) months for the purpose of discussing matters of mutual concern

1602 A safety committee consisting of at least two (2) representatives of the Union and two (2) representatives of the Owners Group shall meet at a mutually agreeable time frame upon the request of either party within thirty (30) days for the purpose of discussing matters of mutual concern Minutes will be kept of each meeting

Collective Agreement laquoCompany Page22

1603 A rules committee consisting of up to three (3) representatives of the union and of up to three (3) representatives of the owners group shall meet at a mutually agreeable time frame upon the request of either party within thirty (30) days for the purpose of negotiating changes to existing rules and for discussing any new rules prior to their implementation

1604 To address advertising the parties agree to establish an Advertising Committee of equal representation to meet at mutually agreeable times upon request of either party within fifteen (15) days of notice being given by either side The Committee shall be responsible for a budget of $2625000 over the term of this collective agreement which sum shall be spent to advertise and promote the DJs business

The parties must agree when and how the advertising will be allocated However the parties agree that advertising would include

bull Flyers bull Newspaper Ads bull Promotional Items (eg fridge magnets) bull Radio

ARTICLE 17 SAFETY AND HEALTH

1701 It is understood and agreed that driver safety is important to the individual employee and to the industry as a whole The Owners Group and employees agree to exercise their rights and to fulfil their obligations in accordance with this understanding The Owners Group will continue to encourage and welcome safety recommendations for the safety and health of drivers during their working hours

1702 The employer shall supply only safe and roadworthy vehicles and the equipment contained therein and the vehicles themselves shall be maintained in good working order Each rental vehicle shall meet the mechanical fitness standards as defined in Provincial legislation

1703 The Company agrees to pay the premiums to an insurer chosen by the Company to provide term life insurance coverage in the amount of ten thousand dollars ($1000000) for all employees provided that the affected employee has a minimum of one (1) year seniority under the DJs Taxi roof sign and is actively working on the day he attains this one ( 1) year seniority

All claims and payments shall be in accordance with the terms of the master policy of the insurer and the Company shall not be liable for any

Collective Agreement laquoCompanyraquo Page 23 middot

bull

non payment by the Insurer This insurance coverage will not be provided to any driver who is 65 years or older at any time during this agreement

The Company shall aid in collecting monies by allowing a cash donation box to be set up at their office for driver(s) involved in serious accidents The Company shall not be responsible for said box

1704 The Company shall supply a safety shield for the company owned rental vehicle when requested by that driver

All rental drivers who request a shield must continue to operate on a vehicle that is equipped with a safety shield so long as said driver is operating under the DJs roof sign provided one (1) is available Company rental drivers working with a shield shall have the option of refusing to operate any spare rental vehicle not equipped with a safety shield However once a driver accepts a spare rental vehicle not equipped with a shield he will be deemed to have given up his right to exercise this option on the same shift

ARTICLE 18 WORK WEEK

1801 The Owners Group agrees that the employees shall determine their work week subject to the provisions of this agreement

1802 The Owners Group agrees that the work week shall be based on seven (7) days

1803 Rental drivers shall pay their weekly rental over six (6) days and have the use of the vehicle for seven (7) days

1804 Stand rents for car owners shall be calculated weekly paid monthly or weekly at the discretion of the employee but limited to one change in the payment structure per calendar year Any reduction is to be calculated on a weekly basis and there shall be no reduction given for anything less than seven (7) consecutive days off except where provided in this agreement

1805 Shifts shall be mutually agreed upon by the partners on the vehicle and in case of dispute shifts shall commence at 400am and 400pm The change-over location shall be mutually agreed to by the partners on the vehicle and in case of dispute change over shall be at the Companys office

ARTICLE 19 STATUTORY HOLIDAYS

Collective Agreement laquoCompanyraquo Page 24

1901 (a)

(b)

All rental drivers (12 amp 24 hours) of the Owners Group shall be entitled to the following days off provided that they have worked more than three (3) consecutive months under the Companys roof sign

All single plate owners (SPO) and single plate lessees (SPL) shall be entitled to the following days off provided that they have completed three (3) months of service under the Companys roof sign and they shall not be charged plate rent or stand rent for said statutory holidays

Employees meeting the criteria outlined in (a) and (b) above shall be given credit for said days whether they choose to work or not Credits for statutory holidays shall be given at the time that payment is made for the period covering the day of the holiday

New Years Day Family Day Good Friday

Victoria Day Canada Day Labour Day

ARTICLE 20 TIME OFF

Thanksgiving Day Christmas Day Boxing Day

2001 All rental drivers (12 amp 24 hours) shall be entitled to four (4) weeks annual time-off

All single plate lessees (SPL) shall be entitled to five (5) weeks annual time-off for which they shall not be charged stand rent for time-off taken During said time-off heshe shall not be charged plate rent for the first four (4) weeks

All single plate owners (SPO) shall be entitled to seven (7) weeks annual time-off During this period they shall not be charged stand rent

SPOs and SPLs outlined above will be granted their requested time-off entitlement provided they have no balance owing and provided that a minimum of one (1) week written notice is given to the individual Member of the Owners Group (MOG) and the Company and provided further that said drivers have a minimum of one (1) completed year of uninterrupted service under the Companys roof sign

In cases of accidents and major breakdowns involving SPO and SPL no notice period will be required for time-off and credits for such time-off will be based on daily increments

Where a SPOor a SPL has used all hisher allotted time off and said SPO or SPL has an accident or major breakdown heshe will be given up to a maximum of ten (1 0) additional days of time off and during said time

Collective Agreement laquoCompanygtbull Page 25

heshe shall not be charged any stand rent subject to proof of inoperability of the vehicle being provided

In the case of SPOs and SPLs extended time-off will be allowed for overseas trips All rents must be paid in advance to cover the time off for the extension

Explanation Car owners time off is only when the car is off the road If the SPO or SPL puts a driver on the car it is not considered part of this time off

2002 Single plate owners and single plate lessees will be responsible for arranging for time off for their drivers

2003 Time off may be taken weekly or bi-weekly at the employees discretion Provided further where the employee has taken a minimum of one (1) week heshe may take additional days) of less than weekly increments) in conjunction with the one 1) week

2004 Time off must be taken during the calendar year and cannot be accumulated over more than one calendar (1 year

2005 The MOG SPL and SPO agree that roof signs taxi plates and all other items (computer equipment will remain with the Company during the employees time-off and in the case of rental drivers the rental vehicle will be returned to the vehicle owner

ARTICLE 21 INSURANCE

21 01 Every car owner has the right to obtain insurance from the broker or Company of their choice without interference from the Owners Group

2102 The Owners Group shall upon written request from an employee who is presently insured by a member of the Owners Group provide written details of claim settlements and accident records

2103 The Company shall provide at no extra cost motor vehicle insurance coverage with collision provision deductible not exceeding $75000 or the cost of repair whichever is less for each at fault accident

21 04 The Company shall provide at no extra cost comprehensive coverage with zero deductible including but not limited to middotfire and theft It is agreed and understood that comprehensive coverage does not cover driver owned equipment

Collective Agreement Page26

21 05 The Company shall provide accident benefit coverage as set out in the OAP 1 of the Ontario Automobile Insurance Act and shall abide by the guidelines and statutory conditions as set out by the Insurance Company with whom the Company is insured

2106 With respect to Articles 2103 2104 and 2106 above which applies to accessible shift vehicles only) the Companys obligation is to provide insurance coverage only Any determination of whether a driver is entitled to insurance benefits andor whether a claim shall be paid or denied in any given situation shall be the sole and exclusive responsibility of the Insurance Company

2107 A driver who is insured through the Company shall provide the Company with a Motor Vehicle Drivers Abstract one month before the annual renewal of the Companys insurance policy A driver shall provide additional Motor Vehicle Drivers Abstracts as requested by the Insurer

21 08 The Companys insurer may judge a driver to be a high risk and may assess a surcharge accordingly A driver who is found tomiddot be a higher risk will bear the cost of any such surcharge

21 09 A driver insured by the Companys insurer who is involved in an accident shall regardless of whether he or she was at fault notify the dispatcher immediately The driver shall indicate whether the accident should be reported to the police and whether the customer or driver require medical attention Following notification of the dispatcher the driver shall remove the roof sign from the vehicle and record to the best of his or her ability all relevant information The driver shall bring the relevant information to the office within 24 hours of the incident excluding weekends and holidays)

2110 Drivers are responsible for the replacement of all lost or stolen antennae andor roof signs

2111 The Company shall pay the full El payments for all rental drivers In the event of an increase in the premiums during the life of this Collective Agreement drivers shall pay the drivers share of the increase

2112 All drivers who are insured through the Company obtained insurance must sign the Companys insurance agreement prior to commencing work The Company shall provide insurance agreements with no more than a $75000 deductible to be paid after the accident The amount shall be paid at the rate of $1000 per shift until fully paid

Collective Agreement ((Companyraquo Page27

ARTICLE 22 TAXI PLATE SALES

2201 1 Members of the Owners Group shall be able to sell plate(s) in the following manner

2202

(a) A notice of its intent to sell plate(s) shall be posted and announced over the dispatch system for a period of three (3) days and shall be offered to the lessees and rental drivers in the bargaining unit

(b) Where there is more than one interested applicant the plate(s) shall be offered based on seniority and plates sold shall be the plate of the most junior lesseedriver

Where the sale will result in the layoff of a driver that driver shall be recalled prior to any new hires by all Members of the Owners Group

2 Where there are no applicants the Member of the Owners Group will sell the last leased plate at their discretion Any driver laid off shall be recalled prior to any new hires by all members of the Owners Group

3 Sale of More Than One Plate at One Time

4

5

The Owners Group has the right to sell to whomever they choose provided that no one is displaced

In the event that the most junior lessee is displaced as a result of the sale of the plate the Company agrees to pay to the displaced lessee no more than fifty-five thousand dollars ($5500000) in the first year of this Agreement and according to the succession plan as outlined in article 23 for the following years of this Agreement This would apply only if the said lessee has complied with the succession plan as per article 23

An individual Member of the Owners Group shall not require any of his drivers to give up their rights under this Agreement and work under another roof sign without the drivers written consent given before a Notary Public for Ontario The Union shall be supplied with copies of the consents

In the case where a Member of the Owners Group is leasing a taxi plate and the Member of the Owners Group has a car under this plate and this vehicle is then rented out on a 12 or 24 hour rental this article then does not apply The Owners Group cannot be held responsible for any damage or compensation that may arise from the actions taken by the 3rd party

Collective Agreement laquoCompanyraquo Page28

2301

2302

2303

1

2

3

4

ARTICLE 23 SUCCESSION AND TAXI PLATE LEASES

Definition

The process by which the lessee of a Company-owned taxi license plate having determined that heshe wishes to retire andor otherwise terminate hisher relationship with the Company and having officially notified in writing both the Union and the Company of hisher intention to do so offers the opportunity to hisher driver to be the lessees successor all in accordance with the conditions sot out in this Article

In order to be eligible to offer a lease for succession the lessee must have been a party to a valid taxi plate Leasing Agreement with the Company for a minimum of one (1) year and have two (2) years of continuous uninterrupted service operating a taxi vehicle under the Companys roof sign The lessee must also be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

In order to qualify as a successor the driver must be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

An offer for succession shall follow the following order

No offer for succession can be made until the day after the final version of the seniority list as outlined in Appendix 2 has been agreed upon and signed-off by the Parties

The lessee must notify the Company and the Union in writing of hisher intention to exercise the option of succession and the projected date of the succession

The taxi plate lease shall be offered to the lessees current driver (if any) who shall have thirty (30) days to reject or accept the succession

If the offer is rejected or thirty (30) days have passed since the offer was made the taxi plate lease shall be offered to the drivers who are not single plate lessees (SPL) or a single plate owner (SPO) on the seniority list who shall have thirty (30) days to reject or accept the succession

Collective Agreement ltltCompanygtgt Page29

5

6

2304

2305

2306

2307

2308

2309

The most senior driver on the seniority list (who is not a single plate lessee-SPL or single plate owner-S PO) who accepts the succession shall be the successful incumbent lessee

In the event that no driver accepts the succession the lessee may ask that his request for succession be held in abeyance until such time as an incumbent lessee is found or may retire andor otherwise terminate hisher relationship with the Company at the time of hisher choosing In the event that the lessee retires andor terminates hisher employment relationship the taxi plate shall be returned to the Company and assigned to the next senior eligible driver as per the Companys past practice

The succession shall be valued at no more and no less than fifty-five thousand dollars ($5500000) except as modified as per sub-Article 2308 The driver (incumbent lessee) shall pay to the lessee the full value of the succession fee within sixty (60) days of the date of acceptance of the offer Once the driver has paid the succession fee the driver becomes a single plate lessee for the purposes of this Collective Agreement and will assume all rights duties responsibilities and obligations of a single plate lessee as set out in this Collective Agreement

The Parties agree that any monies or other considerations paid to a lessee at any time other than the time set out in sub-Article 2304 above shall not be counted towards the succession fee

The amount of $300000 (plus HST if applicable) shall be paid to the Company as a consulting fee by the incumbent lessee no later than the day before the day the incumbent lessee becomes a single plate lessee for the purposes of this Collective Agreement

Any lessee who exercises the succession option voluntarily terminates hisher employment with the Company and loses all seniority A driver who wishes to subsequently be rehired by the Company as a driver shall be placed at the bottom of the seniority list The driver will be eligible to become a lessee two (2) years from the date of hisher rehiring

The amount set out in sub-Article 2304 shall be increased annually on the date of the plate and stand rent increases set out in Article 27 of this Collective Agreement The annual increase shall be the same as the average of the percentage increase in the plate rent and the stand rent for that year

In the event of the death of a lessee and provided the lessee is up to date with all payments to the Company and has no outstanding amounts owing to the Company whatsoever the lessees estate shall have up to six (6) months from the date of death to exercise the option of succession

Collective Agreement laquoCompanybullbull Page 30

2310

2311

(a)

(b)

(c)

2312

Leasing agreements must be entered into provided they do not conflict with the terms of this Agreement

Without limiting the generality of 2310 in any way whatsoever a leasing agreement shall contain the following provisions

The lease shall terminate automatically for failure to fuHill any term of the lease including but not limited to failure by the lessee to fulfill any financial obligation or failure by the lessee to obtain replacement insurance in the event of cancellation of insurance

The lessee shall be the principal driver of the taxi vehicle which is attached to the taxi license plate

This Collective Agreement between the parties shall be the entire agreement and there shall be no other fee condition or other obligation except those set out in the Collective Agreement

All leased plates shall remain as such and shall not be converted to rental vehicles for the duration of this Agreement provided there are persons willing to leased said plates

ARTICLE 24 GRIEVANCE PROCEDURE

2401 A grievance shall include any issue regarding the interpretation administration application or alleged violation of this agreement It is the mutual desire of the parties that complaints of the drivers be adjusted as quickly as possible To that end the parties have adopted the following grievance procedure

STEP 1 A driver may bring his complaint to the Supervisor of the Members of the Owners Group If the driver does bring his complaint to the Supervisor he must do so within twenty (20) days of the incident or of he having knowledge of this incident giving rise to the complaint Where the complaint is brought forward it must be given to the Supervisor and the Supervisor shall reply within two (2) working days

STEP 2 Failing settlement of the complaint at Step 1 or where the driver has chosen not to avail himself of Step 1 the driver must file the grievance in writing within twenty (20) days of the incident or omiddotf he having knowledge of this incident giving rise to the grievance The grievance must be referred to the Member of the Owners Group claimed to be responsible andor any other person designated by the Member of the Owners Group Grievances shall be dealt with at the Step 2 meeting which shall be scheduled on the 3rd Wednesday of every month This monthly Step 2

Collective Agreement ccCompanyraquo Page 31

meeting shall be one meeting held at the Companys office Where the grievance involves the discharge of a driver the parties agree to meet within ten (1 0) working days of the filing of the grievance A representative of the Union shall be present at all step 2 meetings The Member of the Owners Group must respond within three (3) working days of the meeting

2402 Should a group grievance or a Union or policy grievance develop it shall be filed at Step 2 within twenty-five (25) days of the incident giving rise to the grievance or of the drivers or Union having knowledge of this incident

2403 Failing settlement under the above the matter in dispute may be taken to arbitration in accordance with article 26

2404 Drivers employed by single plate owners and single plate lessees may not grieve matters or disputes arising between the driver and the single plate owner or single plate lessee A committee shall be set up and made up of equal numbers of Uniondriver and Company personnel to assist in resolving disputes between the drivers and single plate owner and single plate lessee The committee shall have the power to determine a procedure to be followed as well as to determine fault and penalties

ARTICLE 25 ARBIrRATION

2501 After exhausting the provisions of the grievance procedure either of the parties may submit a grievance to arbitration either expedited or formal in writing within thirty (30) days of the Step 2 reply or if there is no reply within thirty (30) days after the expiration of the time limits to provide a reply

2502 Unless otherwise mutually agreed by the parties all grievances referred to arbitration not relating to an indefinite suspension a discharge or any separation of employment or to the interpretation of the collective agreement group grievances and policy grievances shall be referred to the expedited process

Grievances referred to arbitration in respect of indefinite suspensions discharge or separation of employment for any reason or to the interpretation of the collective agreement and group grievances may only be referred to this expedited process by the mutual agreement of the parties

2503 Within fourteen (14) days after notice has been given that the grievance will proceed to formal arbitration the parties shall meet and agree on a single arbitrator If the parties cannot agree on an arbitrator within this time limit either party may request the Minister of Labour to appoint an

Collective Agreement laquoCompanyraquo Page32

arbitrator and this appointment shall be binding on both parties In respect of the cost of arbitration of formal grievances the parties shall share equally the fee and expenses of the sole arbitrator

2504 The formal arbitrator shall have the right to exercise all the powers provided by the Labour Relations Act as amended from time to time

2505 The Arbitrator must hand down a written decision within sixty (60) days of the date of the hearing

2506 As an alternative to the formal arbitration process set out in the foregoing paragraphs a grievance may be referred to a previously agreed-upon person who shall hear the grievance and who shall at the conclusion of the hearing give a decision immediately Such decisions may not be used to alter modify or amend any part of the collective agreement and are made without precedent or prejudice to similar or like cases Such a decision shall be final and binding upon both parties and no further action may be taken on that grievance by any means whatsoever

2507 To maintain the efficiency of this expedited process the parties shall schedule a minimum of one (1) day of arbitration every three- (3) months except in those circumstances where either party deems it necessary to schedule the arbitrator more frequently

2508 The parties shall share equally the fee and expenses of the persons selected to hear the expedited arbitration cases

2509 At all expedited arbitration hearings the Company or Member of the Owners Group shall be represented by a member of their management and the Union shall be represented by a Union staff representative or an officersteward of the Local Union

2510 The Union shall forward to the representative of the Member of the Owners Group a list of the expedited grievances to be heard on the day or days scheduled for the hearing of grievances according to the expedited arbitration procedure The aforementioned list shall be forwarded to the representative of the Member of the Owners Group no later than ten (10) working days in advance of the hearing unless otherwise mutually agreed

2511 By exception a party may call one (1) witness at an expedited arbitration

2512 Prior to proceeding to formal or expedited arbitration and at least thirty (30) days prior to the date of arbitration the parties may upon mutually agreement request that any grievance be referred to a mediator to act as a grievance mediation officer for the purpose of attempting to

Collective Agreement laquoCompanyraquo Page33

mediate a settlement of the grievance The parties shall share equally the fee and expenses of this officer

ARTICLE 26 TAXI PACKAGE

2601 The employer shall provide to the rental driver at no extra cost motor vehicle insurance with a collision provision deductible not exceeding $50000 for each accident at fault

The Owners Group shall also provide to the rental driver at no extra cost comprehensive coverage with zero (0) deductible including but not limited to fire and theft It is agreed and understood that comprehensive coverage does not cover driver added equipment

2602 Each rental driver shall be supplied for a daily twelve (12) or twenty-four (24) hour period at no extra cost a roadworthy safe sedan four (4) door taxicab with proper weather resistant tires for all seasons and with a seating capacity for not less than four (4) passengers containing

2701

2702

2703

1 A roof sign 2 A sealed taxi meter 3 A two-way radio 4 A full size spare tire subject to space limitations 5 A tire tool 6 A jack 7 A mike clip 8 A full tank of gas at start date 9 Air conditioning on replacement vehicle where possible 10 An electric rear window defroster or blower

Any equipment owned by the Owners Group that becomes inoperative shall be repaired as soon as possible

ARTICLE 27 RENTAL CHARGES AND TERMS OF AGREEMENT

This agreement shall take effect upon ratification and be binding on both parties for three (3) years and shall continue for annual periods of one year each unless either party gives at least one hundred and twenty (120) days notice that it wishes to amend this agreement

It is agreed and understood that this agreement will remain in full force and effect until amended by negotiations

Rates shall be as follows

Collective Agreement laquoCompanyn Page 34

712011 712012 712013

Stand Rent (monthly) $43900 $45000 $45900

Plate Rent (monthly) $71926 $75000 $75960

Daily Car Rental 24 hr Regular Plated $9700 $9700 $9700

24 hr Accessible Plated $10500 $10500 $10500 12 hr Regular Plated $6700 $ 6700 $6700

12 hr Accessible Plated middot $8300 $8300 $8300

Credit Card Transaction 50 50 50

Debit Card (per) Transaction $065 $065 $065 (To the Driver)

POS Rental Fee (monthly) $800 $800 $800

POS Insurance (monthly) $300 $300 $300

Note The above rates do not include HST

Note For purposes of car rental rates the weekly rents shall be six (6) times the daily rent

Note It is recommended that drivers use Company supplied POS machines and systems

2704 Employees shall pay all monies owed to the Company in the following manner Monthly By the 5th business day of the month

2705 Any employee failing to pay monies by the above dates and times shall be suspended and not reinstated until the monies are paid in full and credited to their account

2706 Employees shall be entitled to pay their rents to the company by company approved charges cash and cheque - provided the employee has at least one (1) year of seniority

Employee(s) who have one (1) cheque returned NSF shall be suspended immediately upon the company receiving notification from the

Collective Agreement ((Company Page35

bank shall lose such privilege for twelve (12) months and shall be charged the appropriate charges

ARriCLE 28 GENERAL

2801 The Company and drivers shall maintain its internal company charge system and accept major credit cards which currently include Visa Mastercard American Express and Diners Cluben Route as approved by the Company

2802

2803

2804

2805

2806

2807

This system shall continue for the duration of this Agreement so long as external factors outside the Companys control do not prevent the Company from doing so Drivers shall be entitled to cash their charges provided they do not have any outstanding balances at the offices of the Company during the hours of 0830am to 400pm Monday to Friday except holidays The Company shall make available to the employees during normal business office hours receipt cards and credit card slips All credit card charges must be authorized

Drivers shall pay a fee of five (5) of all credit card charges that they redeem

Except as otherwise provided in this agreement all passengers shall be treated in a polite professional courteous and businesslike manner at all times by both the Owners Group and the employees

If requested a properly signed receipt shall be furnished by the owner for all payments made by the driver (If requested said receipt shall show a breakdown of all payments made by the driver and the dates for which they apply) For the purposes of this clause a numbered computer receipt shall be deemed to be signed

The employees who own their own vehicles whether or not they own their own license shall have absolute choice as to where their vehicle is to be repaired andor maintained

No employee either full-time or part-time shall abuse or mistreat any vehicle or equipment (ie roof sign radios meters and aerials)

The Owners Group agrees to work with the Union to lobby the City of Ottawa to allocate stands where necessary and appropriate

The Company agrees to provide the Union with the rules covering the stands controlled by concession agreements

Collective Agreement ccCompanyraquo Page 36

bull

2808 Subject to the provision of adequate insurance coverage all car owners shall be free to place a second driver or a third driver on their vehicles should they require without interference from the Company

2809

2810

2811

2812

2813

2814

In the event the Company refuses an individual employment as a second driver or as a third driver the Company agrees that such refusal may be the subject of a grievance and the onus of proof shall rest with the Company to show just cause for such refusal

The parties agree that no vehicle will have more than three (3) drivers at any one (1) time

The Company shall take reasonable steps to maintain all current concession agreements for the duration of this agreement The Company shall take all reasonable steps to obtain additional concession agreements

The Company shall have a phone line separate from the dispatch office so that drivers business people friends of the office staff may call through middot without having to tie up the dispatchers time The separate phone line may be used by the dispatch office during non-business hours

Time-off without rental fees or loss of seniority will be given to those members of the bargaining unit who are called for jury duty Rental driver(s) must park their rental vehicle(s) at the Companys premises should the jury duty go beyond three (3) days

The Company shall maintain a drivers waiting area As well the Company shall allow the drivers to use the telephone in the office for local calls only pursuant to the current past practice

In the event of an assessment to the CompanyOwners Group by WSIB in relation to the provision of WSIB benefits for the Bargaining unit personnel the CompanyOwners group and the Union agree to renegotiate in good faith the rates set out in Article 2703 Where the parties fail to reach agreement on the issue the matter shall be referred to an arbitrator for full and final settlement

When a customer complaint is received by the dispatcher the latter will advise the customer that an authorized representative of the Company will handle the complaint in an expeditious manner Upon request by the Union the Company shall provide a copy of the computer printout and all other relevant information including but not limited to any taped conversation related to the complaint being investigated The privacy of the customer is paramount and will at all times be respected

Collective Agreement ccCompanybullbull Page 37

2901 (a)

(b)

ARriCLE 29 BEREAVEMENT LEAVE

The Members of the Owners Group agree to grant affected employee(s) the necessary time off of up to four (4) days without fees at the time of death of the following relative(s) of said employee(s) father mother spouse (includes common-law) child brother sister mother andor fathershyin-law

The Members of the Owners Group further agree to grant to affected employees two (2) days without fees at the time of death of the following relatives of the employee sister andor brother-in-law and grandparent

ARTICLE 30 SOCIAL JUSTICE FUND

3001 The Company shall pay to the Union an amount of eight hundred ($80000) dollars per collective agreement year with such amounts being made payable to the CAW Social Justice Fund Inc Said amounts shall be paid by separate cheque by the last day of February in each year of this collective agreement A tax receipt shall be supplied to the Company on receipt of said amount

ARTICLE 31 SAFETY BANQUET

3101 The Company agrees to contribute seven hundred and fifty dollars ($75000) to the Unions annual Safety Banquet in each year of the Collective Agreement

SIGNED THIS DAY OF APRIL 15 2012

FORTH~

~~

Collective Agreement laquoCompanyraquo Page38

Collective Agreement laquoCompanyraquo Page39

SCHEDULE 11 A 11 LIST OF THE OWNERS GROUP

Coventry Connections Inc

Collective Agreement ccCompanyraquo Page40

SCHEDULE nan EXISTING CUSTOMS RIGHTS AND PRIVILEGES

1 There shall be no charge for the receipt cards

2 There shall be no charge for credit card vouchers subject to suppliers (third party) availability and conditions Should the Company pursue a course of action leading to Point of Sale terminals which usage will include Debit transactions Decremental Cards and Credit Cards there would be a charge for paper usage

3 The drivers shall choose their own working hours during their shift

4 Reasonable accommodation shall be given to payment of outstanding debts for accident(s) The following minimum payments are required

A) Up to $1 00000 - $ 1 000 per day

B) Over $100000- $2000 per day

Agreed to on the understanding that this does not apply to spare cars

Collective Agreement laquoCompanyraquo Page 41

SCHEDULE C RULES AND REGULATIONS

1 The following articles of clothing are not acceptable forms of attire at OJS

(a) Sweat pants and shorts except for dress shorts Dress shorts will be allowed from April to Labour Day Drivers caught wearing inappropriate shorts will be given one (1) warning and any future occurrence with regards to inappropriate shorts will cause them to lose the right to wear dress shorts for the duration of that season Shorts can be no shorter than three (3) inches above the knees

(b) T-shirts (except Union decaled T-shirt) without lapels tank tops and muscle s1middot1irts

NB Clothing andor other attire with obscenities profanities or sexually degrading remarks are not acceptable Hair must be clean and neat Faces must be clean-shaven or beards neatly trimmed Clothing must be tear and rip free with no visible patches and is to be cleaned and ironed as required Socks must be worn at all times with all types of footwear except for sandals

2 Drivers must be courteous and pleasant at all times and must conduct themselves in a professional business-like manner

3 There is to be no abusive foul language or gestures directed at customers or the general public

4 Consumption of alcohol or drugs will not be tolerated prior to the commencement of a shift andor while driving

5 There wiil be no arguing and fighting among drivers or other DJs personnel under any circumstances

6 No playing of cards or any other games of chance is allowed at any time when working This includes any form of gambling or betting on the air

7 Profanity or abusive language on the air or in your vehicle is prohibited at all times

8 Use of cell phone during the conveyance of a customer(s) is prohibited

9 Each taxicab and driver shall carry at all times a current street guide Drivers are to make proper use of this guide to avoid unnecessary air time

Collective Agreement ccCompanyraquo Page42

10 Deliveries are to be taken directly to the destination Running other fares while occupied on deliveries will not be permitted unless approved by the dispatcher

11 No messages between drivers are permitted Drivers will receive messages to call home spouse office union office partner or garage

In addition When an authorized Union rep asks the dispatcher to have a member of the bargaining unit call them for union business only this will be allowed and if necessary a phone number will be given

12 Picking up a fare while on the way to an accepted dispatch call will not be permitted

13 Drivers must allow 5 minutes wait at the customers pick-up address

14 Drivers shall take reasonable steps to ensure that they pickup only those fares that they are dispatched to Drivers must check with dispatcher for authorization before taking another fare from same address

15 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical breakdown emergency or any other reason(s) not herein listed the dispatcher shall reshydispatch the fare and suspend the driver for one (1) hour

16 Interference or jamming of the radio is a Federal offence and will not be tolerated

17 When necessary drivers must assist customers with handling of baggage and opening and closing of doors

18 No complaining to customers about short fares or time calls A list of regular short fares will be established and such fares shall be dispatched as Locals

19 At customers request music radio and other sound systems except for the twoshyway radio must be turned off

20 Driver must issue a receipt card upon request by customer Drivers signature must be clearly marked in the appropriate place on the receipt card There is no charge for the issuance of a receipt card

21 No new driver is to commence work until he has been briefed by OJS staff in the operating of our charge account system

22 Some of the guidelines in the operation of our charge account system are as follows

Collective Agreement laquoCompanyraquo Page43

(a) All charges are to be signed with car number (eg-DJ70) and date clearly written

(b) If the fare goes to more than one destination these other destinations are to be clearly marked on the reverse side of the chit

(c) Taxi chits to be signed by the customer and dollar value to be clearly marked

(d) Gift certificates which currently have a maximum value of $500 each are to be accepted at face value and change given as required

(e) Drivers must note on back of chit the drop offpick up address if it is different from address shown on face of chit

Drivers are prohibited from buying other drivers charges whether they be DJS drivers or other cab Companys charges Violation of this rule shall result in the following fines

1st offence -2d offence bull 3rd and subsequent offences-

$5000 per chit $10000 per chit $20000 per chit

plus the face value of each chitCredit Card in all cases

The parties agree that the above penalties are specific penalties within the meaning of the Ontario Labour Relations Act An Arbitrator shall not have the power to alter or modify any penalty imposed under this clause

(f) Drivers must accept all major credit cards approved by OJS Taxi

(g) Drivers are responsible for ensuring that all necessary information is clearly marked on charge vouchers as follows

bull Customers name and signature bull Card number (correct number of digits) bull Expiry date bull Drivers signature and car number (eg-DJ70) bull Ensure proper copies of charges are submitted to the Company for

processing bull No hand written major credit card sales drafts will be accepted

23 All cars are to be cleaned inside and out by 1000 am every day with due regard given to road and weather conditions

Collective Agreement Page44

24 All drivers must ensure that they have change for $2000 at all times and will not be removed from the sheet while getting change provided they are not called

25 No taxicab driver shall charge a passenger for

(a) The cost of proceeding to an establishment for change or

(b) Waiting time while a passenger obtains the change provided the bill presented for payment is of $2000 denomination or less

26 No vehicle to be left unattended with keys in the ignition

27 No person(s) unless authorized by the Company shall accompany the driver in the vehicle while heshe is occupied with a paying fare

28 Taxis must not be left unattended on a OJS taxi concession stand for more than ten (1 0) minutes

29 Only au~horized drivers with valid licenses can operate a taxi-licensed vehicle

30 Roof sign must be removed from vehicle when not on duty or involved in an accident

31 ALL DRIVERS ARE ADVISED THAT IT IS AGAINST THE LAW AND OJS TAXI COMPANY LIMITED POLICY TO REFUSE DOG GUIDES IN THEIR CABS REFUSAL WILL RESULT IN FINES AND DISCIPLINARY ACTION BY THE COMPANY

1st offence - 1 week suspension 2nd offence - 2 weeks suspension

3rd offence - Dismissal No longer working under the OJS roof sign

Accommodating Persons with Disabilities

The Management of OJS Taxi wishes to advise all its employees drivers and others operating under the OJS Taxi roof sign of the OJS Taxi policy with respect to blind passengers whether or not they use dog guides

Under the Blind Persons Rights Act of Ontario no person may either deny any person services customarily available to the public or discriminate against any person with respect to services available to the public for the reason that they are a blind person accompanied by a dog guide

Under the Ontario Human Rights Code every person has a right to equal treatment with respect to the supply of services which includes taxi services

Collective Agreement laquoCompanyraquo Page45

bull

without discrimination because of among other things a disability A disability includes any physical impairment such as being blind visually impaired deaf or hard of hearing

Guide Dogs and Taxi Services Many disabled persons are physically dependent on guide animals in their daily activities Canadians who are blind or visually impaired deaf or hard of hearing or who have other types of disabilities such as epilepsy are dependent on guide animals

Accommodation of these individuals necessitates that they be permitted to take their guide animals with them into taxi cabs Refusing to allow them to do so will infringe on their human rights and is against the Blind Persons Rights Act of Ontario and the Ontario Human Rights Code

This notice will simply repeat what should be apparent to you all that if a blind person with or without a dog guide is refused services by any OJS Taxi driver such actions will result in fines to the driver and other disciplinary action including the possibility of suspension by the Management of DJs Taxi Co Ltd

For more information regarding guide animals please review the attached pamphlet and information sheet published by Dog Guides Canada

Any inquiries concerning this policy should be directed to any member of the Management who will if it is required explain the policy to you

32 Drivers are not allowed in the dispatch office

33 All parking tickets will be paid by the rental driver responsible

34 In order to boost with Company owned taxicabs employees must request an obtain instruction from the garage manager or his designee on the proper method of boosting in order to reduce any risk of injury to the driver passenger and damage to the vehicle(s)

In the event of misuse employees at their discretion may be either disciplined in accordance with the principle of progressive discipline or have the option of reimbursing the Company for the cost of damaged parts

35 Any driver operating a taxi while his drivers license or taxi license is under suspension will be disciplined unless the driver can obtain written proof from the Ontario Ministry of Transport andor the appropriate taxi licensing authority that the driver did not receive evidence that hisher license was suspended or cancelled

36 When necessary or requested all elderly andor disabled customers are to be assisted in and out of taxicab at all times

Collective Agreement laquoCompanyraquo Page 46

37 No stealing fares

38 Drivers are not allowed to book no loads and run the fare

39 Drivers cannot refuse dispatched fares subject to article 1304 andor where the driver believes his safety or health is at risk

40 Failure to come to voice after two (2) requests by the Dispatch Supervisor will result in the Driver being suspended in the computer

41 Dispatch staff will not make phone calls for drivers unless it is an emergency situation

42 There shall be no personalization of any fares or trips placed through the Dispatch System of OJS Taxi except for returns east of but not including the Civic Hospital within the same twenty-four (24) hour period Where a return-call has been prearranged through the Dispatch System prior to the initial call being dispatched then the return-call cannot be personalized

43 Drivers will pay monies owed to the company by 400pm on the day that they are due No driver with an outstanding balance will be allowed to book on the sheet until their account is paid in full to the business office This means credited to their account and a receipt issued

44 Dispatchers shall give the line-up every thirty- (30) minutes except for the months of December January and February On implementation of the Computerized Dispatch this clause will be eliminated

45 All deliveries shall be given out as regular calls except where provided in this agreement and all employees shall have the option to refuse to deliver alcohol When a dispatcher requests a driver to call him for information concerning a delivery the dispatcher will first give the delivery address over the radio to ensure the delivery is being dispatched correctly

46 When drivers book out of their cars to attend scheduled complaint meeting appointments they shall be allowed to remain in their spot on the line up queue passed by for fares and treated by the dispatch as if they are no longer on the sheet

When the affected driver returns to his car and books back in he shall be returned to his position in the line up queue and given his next rightful fare

The maximum time a driver shall be allowed to book out for a complaint meeting is one half-hour

Collective Agreement laquoCompanyraquo Page 47

This rule shall only apply if the affected driver does not incur any discipline as a result of the complaint meeting

47 All cabs at DJS Taxi must have a mike clip and the clip must be used Drivers must pick up their mike when communicating

48 Drivers using vans as taxicabs must have and make use of (when requested or required) a portable step to assist passengers in and out of their vehicles

49 All taxicabs must be free of any body damage and any damage must be repaired within ninety- (90) days

50 Roof signs must be kept in good working order and condition with Company approved logo clearly visible front and rear

51 In order to ensure equipment is compatible with computer dispatch system all new radio equipment must be approved by the Company prior to installation

Collective Agreement laquoCompanyraquo Page48

SCHEDULE D CREDIT CARD POLICY amp PROCEDURES

DRIVERS MUST ACCEPT ALL COMPANY APPROVED CHARGES CREDIT AND DEBIT CARDS

DRIVERS MUST HAVE A POINT OF SALE UNIT AND A MANUAL PRINTER PER CURRENT BYLAW CITY OF OTTAWA

Due to the increased use of fraudulent Credit Cards by customers in taxicabs the following procedures have been developed to protect drivers from falling victim to Credit card fraud When accepting Credit cards the following rules must be followed

Credit and Debit Cards- the following rules must be followed

AUTHORIZATION OF ALL DEBIT AND CREDIT CARDS

All Credit Card slips must be authorized regardless of amount Verification is generally done after the fare is completed but verification of an estimated or known amount can be done prior to the completion of the trip if

bull The destination is beyond the radio coverage area bull The driver has reason(s) to suspect the validity of the card

INFORMATION REQUIRED FOR ACCEPTANCE OF DEBIT ANDOR CREDIT CARD SLIP FOR PAYMENT The completed Credit Card slip must contain all the following information

(a) Vehicle Number (pre-printed on POS slip if not to be written by hand at the bottom of the slip)

(b) Drivers ID Number and Initials (c) Amount of fare and gratuity (if applicable) (d) Authorization number (Pre-printed on POS slip) (e) Date of the fare (Pre-printed on POS slip) (f) The Debit or Credit Card must be swiped at all times (in the event that the

receipt does not print imprinting Credit Card only on manual imprinter is acceptable with customers signature but the imprint of the card number has to be clear) In the case of a swiped transaction part of the card number will display per Credit and Debit Card industry rules

(g) Customers signature clearly written (Credit Card only) marked TRANSACTION COPY We will accept the CUSTOMER COPY as long as it has the customers signature Debit POS slips are to be submitted marked TRANSACTION COPY NO SIGNATURE IS REQUIRED

Collective Agreement laquoCompanyraquo Page49

DISPUTES BY A CUSTOMER

Should a debit or credit card slip be disputed by the customer their bank or other financial institution the company will investigate If such investigation proves fraud or error by the driver the driver will be charged back for the full amount of the charge

If the disputed transaction was processed on a non-company unit a $500 plus HST charge plus the value of the charge will be debited to the drivers account The Company will refund the customer for the value of the charge

Should a customer andor driver report that the charge has been approved more than once the Company will investigate The Company does not allow any refunds in the taxicab Drivers can void a transaction but this must be done before Batch Closing the transaction A Void can only be done in the presence of the customer as the card (debit or credit) must be present The driver can then re-swipe the card for the correct amount The Company publishes a toll free number for customers or drivers to call with any concerns about a transaction If a customer has been charged more than once for the incorrect amount the following procedures apply

Credit Card

The Company will verify that the customer was charged multiple times or has been over-charged and issue a refund as necessary The Company will send a copy to the customer upon request All refunds are processed on a Point of Sale unit or Virtual Merchant (on-line) The Company may contact the driver to determine the validity of the customers details

Debit Card

The Company will verify that the customer was charged multiple times or has been overcharged and issue a cheque refund as necessary The Company keeps a copy of the cheque issued

GENERAL INFORMATIONGUIDELINES

1 If the driver has overcharged the customer and has been paid the incorrect amount the Company will adjust the drivers account and provide a receipt The Company maintains a log in the even there is a dispute by the driver or the customer If the driver reports the overcharge that is logged on a Customer Incident Form which has a Control Number

2 Hand written Credit Cards will not be accepted All Credit Cards must be passed through a manual imprinter which clearly shows the full credit card number If the credit card number is not clear and cannot be authorized

Collective Agreement laquoCompany Page 50

the driver will face debitchargeback of the amount as it cannot be authorized

3 The only Credit Cards accepted by Taxitab a division of Coventry Connections Inc are

i Visa ii Mastercard iii American Express

Note Visa Mastercard and American Express all issue prepaid credit cards these are all accepted

4 Taxitab a Division of Coventry Connections accepts Debit Cards for Canadian Financial Institutions Debit Cards for foreign banks may not

work on the unit Visa Mastercard have commenced issuing Debit Cards these are all accepted These cards are clearly marked on the face of the card with the Visa and Mastercard logos

5 The following items are to be checkedverified by the driver upon presentation of a Credit Car (a to d) Debit Card (d only)

CHECK LIST

(a) Expiry Date Ensure the card is valid Check to be sure that the Card is not being used beyond the expiry date printed on the card If the card is expired refuse to accept it

(b) Altered Cards Check to see if the card has been noticeably altered in any way If it has been refuse to accept it

(c) Card holders name and signature Check that the signature on the Credit Card slip is the same name printed on the card At the same time check that the signature is the same as the signature on the rear of the card If there is no signature on the rear of the card ask the customer to sign it as you are required to check this

If in doubt ask to see some other form of identification (preferably one with a picture and signature) that ensures that the person using the card is who they say they are

(d) Amount of fare and gratuity (if applicable) The amount of the Debit or Credit card slip must be equal to the amount of the fare and the gratuity (where applicable) Each amount should be entered in their respective places and only by the customer unless otherwise directed In the case of a Debit Card customer must always enter their PIN number to

Collective Agreement ltbullCompany Page 51

authorize the card Drivers must remind customer that the TIP field comes first followed by the PIN number

(e) $150 Surcharge

Debit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated by the City of Ottawa By-Law The $150 charge is prompted by the point of sale unit automatically The Driver receives 65cent of the $150 for every transaction

Credit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated in the City of Ottawa By-Law The $150 charge is NOT prompted by the point of sale unit automatically The driver adds the $150 to the metered amount and enters this total in the base amount field

6 CAUTIONS

7

(a)

(b)

(c)

Bank Card only have the Bank name on the card

Credit Cards are identified by the VISA MASTERCARD AMERICAN EXPRESS OR DINERS CLUB-ENROUTE symbols Only Cards with these symbols will be accepted

Credit Cards will have a holographic image on the face of the card

CASH ADVANCES

The use of Credit Cards for cash advances in the taxicab is not permitted Credit Cards must only be used in the taxicab for paying for an actual fare Anyone using a Credit Card in a taxicab to obtain cash advance is most likely using a stolen or fraudulent card

8 OUT OF TOWN FARES

For the drivers protection it is suggested that for fares going out of town and the customer wishes to pay by Credit Card it is recommended that the driver authorize the fare at the beginning of the trip (dispatcher can give an estimated amount) If there is a difference process the difference at the end of the trip There is a pre-authorization feature available for Credit Card only on the Point of Sale unit The Company can activate this on driver request but the driver must be

Collective Agreement ccCompany)) Page 52

bull

9

given correct training for this There are several steps involved with pre-authorization that must be followed before batch closing

BATCH CLOSING

Drivers must close transaction in the terminals at the end of their shift Credit Card authorizations only remain in the terminal for five (5) days after that the processor closes them automatically Drivers must batch close all credit cards no later than four (4) days in order for the items to appear on the batch close report

Batch Close reports will print separately for Debit and Credit Cards and list the details of the transactions in the terminals showing the card type and the last four (4) digits of the card involved This Batch close cannot be reprinted drivers must hold on to them Attach the slips to the Batch Close and bring to the cashier The cashier will verify the attached slips are on the batch close and proceed to pay or credit the driver assuming all slips are authorized and complete (as discussed above under (1) Authorization Procedures)

The following circumstances regarding Batch Closes will apply

(i) Batch Close with All Debit and Signed Credit Card slips- Driver will be paid or credited at time of presentation at a cashiering station

(ii) Batch Close- No Debit Slips if the batch close shows a Debit Slip and the driver has misplaced or lost the slip the Driver will be paid or credited at the time of presentation at a cashiering station

(iii) Batch Close No Credit Card Slip- No Slip No Payment at time of cashiering (driver is to go to Driver Admin in this instance) If the driver has a signed manual slip and the last 4 numbers of the card match those on the batch close the slip will be accepted by the cashier

NO BATCH CLOSE REPORT -If a Driver has lost or misplaced Batch Close report the Driver is to go straight to Driver Admin (not cashiering) The Driver is to bring the receipts (if there is a credit card slip with no signature there is a separate procedure for this below) he has for which he has not batch close Driver Admin will initiate a Batch Close Incident Report which has a Control Number for future reference The Procedure is as follows

(i) Driver Admin to Photocopy all Slips and write the Control from the Batch Close Incident Form on the photocopy and date the sheet The

Collective Agreement ccCompanyraquo Page 53

bull

bull

Driver is to keep this in the event of a dispute or apparent nonshypayment in account

(ii) Driver Admin will complete the top copy of the report attach a copy of the slips The Driver will complete the bottom part of the report and sign it

(iii) Management will need 72 hours (three business days) from the date of Incident Report to investigate the transaction has been settled in the POS unit

(iv) Providing Management confirms the transaction is complete the slips will be credited to the Drivers account and a receipt will be printed A copy of the receipt is attached to the Batch Close Incident Report The Control from the Form is entered when the the amount is credited for reference A receipt can be printed at that time by cashier

(v) In the event that a driver does not have a Batch Close and presents a credit card slip with no signature the following will apply

(vi) If the Driver experiences a problem with the Batch Close or operation of the unit the Driver is to bring the unit to the office during normal hours Management will investigate the issue and call Driver to reshyissue the unit completing paperwork for the replacement unit which the driver will sign

Any driver attempting to defraud a customer by processing a debit or credit slip more than once will be terminated

Collective Agreement laquoCompany)) Page 54

bull

bull

SCHEDULE E STOLEN FARE POLICY

Whenever the Dispatch Supervisor receives a complaint that a fare either dispatched to the complainant or from within the same block of taxi standconcession on which the complainant is parked has been stolen and the identification of the accused is made known the Supervisor shall

(a) Bring the accused to voice and notify himher of the allegations

(b) Inform the complainant that a deposit of forty dollars ($4000) must accompany his accusation and to be deposited within one (1) hour of the complaint Where applicable inform the complainant that the accused wishes to challenge the allegations and the date and time of the hearing shall be known to both parties

(c) A failure of either party to attend the hearing will result in an additional fine of forty dollars ($4000) to be paid within sixty (60) minutes of the conclusion of the hearing or a suspension ob the absent party until payment is received

(d) Inform the accused of the available options

(i) Arrange for repayment of the fare in its entirety to a minimum of forty dollars ($4000) to the complainant a Union representative or the Company on behalf of the complainant within sixty (60) minutes or

(ii) If the allegation is being denied and the accused wishes to refute it forty dollars ($4000) must be deposited at the dispatch office within sixty (60) minutes with a notification to the Dispatch Supervisor that the allegation is being challenged

Where the accused fails to respond to two (2) voice messages or refuses to comply with (c) the accused shall have dispatch services suspended until in compliance or the Company receives instructions from a Union Representative to do otherwise

The penalty for a wrongful accusation is the payment of forty dollars ($4000) to the accused by the accuser in addition to the return of the accuseds deposited payment

It is understood and agreed that the action(s) of the Dispatch Supervisor(s) in the compliance of this Policy is not to be construed as a determination of who is the guilty party In all disputes regarding stolen fares the Committee shall make the final determination with respect to guilt

Collective Agreement laquoCompany Page 55

bull

bull

Note Such fare(s) will not be considered as Stolen Fare(s) if picked up by driver(s) arriving on the Concession(s)Taxi Stand(s) prior the driver(s) who accepted the dispatched fare(s)

Collective Agreement ((Company Page 56

bull bull

APPENDIX 1

PLATE CAR LESSEE IND START LESSEE START

1 1027 5027 ADAM GRANT 1 91111986 111987

2 1015 5015 TIMS VAUGHN 411995 411995

3 1043 5043 MARTON FERENC G 10251995 10251995

4 1050 5050 DUBOIS JOHN 12111994 311996

5 1048 5048 SUNIL JOSHI 1111994 711996

6 1030 5030 SLIM MOHAMED 711996 7111996

7 1041 5041 JAMALEDDINE ZAHER 911996 911996

8 1040 5040 MAHEUX FRANK 11151996 181997

9 1109 1 5109 ASTLEY JAMES 1011994 1131997

10 1045 5045 MELHEM SAMIR 1211996 9211997

11 1028 5028 LABINE ANTHONY 10151980 11281997

12 1054 5054 ELmiddotNEMER NEMER 11131997 21271998

13 1113 5113 WEAGANT BROCK C 82211988 3131998

i

14 1039 5039 SOBH HAC HEM 11171997 5111998

15 1044 1 5044 MOUFARREJ RAYMOND 10241996 1161998

16 1042 5042 MCCONVILLE BILL 311992 11111998

17 1107 5107 GIANNAKOS LOUIS I 9111997 491999

18 1026 5026 VERMA LALIT 51261996 5311999

19 1033 5033 MITCHELL BRUCE 111987 9301999

i

20 1108 5108 PAPPAS CHRISTINE 121111991 1041999

rmiddot 1014 5014 NYTRA BEDRICH 961996 3302000

22 1000 5000 ABOUmiddotARRAG SAM I 611997 7132000

23 1038 5038 MUNROE JOHN 1111977 492001

24 1022 5022 RADULESCU GELU 611999 5232002

25 1139 5139 HASSOUN I MOUFID 71211999 8152002

26 1006 5006 SADER I GHASSAN 6211999 292004

27 1029 5029 CLAYTON GREG 911980 21132004

Collective Agreement ccCompany Page 57

bull

28 1034 5034 IBRAHIM 12301995 4302004

29 1037 5037 ABDALLA HASSAN I 3312000 2202006

30 1010 5010 HASSOUN AD NAN 8272001 312006

31 1031 MASSOUD 1241998 312006

32 1 1o35 5035 JANCO 911992 362006

1 33 1036 5036 SINGH BALWANT 92211999 3172006

Collective Agreement ltltCompanyraquo Page 58

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 21: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

(f)

1305

1306

1307

1308

1309

(a)

(b)

(c)

Has called two (2) cab companies for the same fare

In the event a driver discovers a lost object in the taxicab he shall immediately advise the dispatch supervisor of his findings with a description of the object an approximate idea of who might have left said object along with the pick-up and drop-off addresses of the customer if possible

Within twenty-four (24) hours of an objects discovery the driver shall take said object to the nearest Ottawa police station or to the Ziptrack Inc dispatch office at no cost or when directed to do so within the above mentioned twenty four (24) hours A receipt for said object will be issued if requested

Subject to Article 1305 should the customer wish the immediate return of the lost object the dispatcher shall notify the customer of the approximate metered cost of return from the location of the driver at that time and the employee shall return the object immediately to the customer at the standard metered rate

No employee shall be forced to violate a Municipal Provincial or Federal Law or regulation in the performance of ~1is duties

The Company shall provide the drivers with a list of all current flat rates Upon any changes to said list a new list shall be issued within thirty (30) days following such changes

No person(s) who will be driving under the DJs roof sign except for rehires who have been absent for less than three (3) years shall be hired or permitted to commence employment until

Heshe has successfully passed the test which the Company shall devise and administer with regard to the operation and knowledge of the taxi related Industry Said test shall include but not be limited to the knowledge of the Ottawa-Carleton area but with an emphasis on the areas directly affected by this collective agreement

Orientation by the Operations Manager or his designee on the DJs Taxi charge system

Heshe has been given a six (6) hour in-car training session This session will comprise of accompanying the prospective employee for a period of six (6) hours to learn the stands customer relations specific to DJs Taxi two-way radio booking practices and a general familiarization with the DJs environment The cost associated with this in-car training session shall be

Collective Agreement ccCompanyraquo Page 19

$10000 and said cost shall be borne by the prospective employee Failure to pass any portion of this test shall result in a fourteen (14) day waiting period before the applicant will be allowed to re-do the portion(s) of this sub-article which heshe has failed The cost associated with re-doing a) or c) will be $5000 while re-doing both would be $10000

During this waiting period the applicant will not be allowed to operate under the DJs roof sign No person operating a taxicab under the DJs roof sign will be assigned any duties associated with this sub-article

Tests are given on the first and third Mondays of each month on a first come-middotfirst serve basis by appointment Failure to attend for a scheduled date and or time will result in the forfeiture of the appointment and a new date will be booked on a first available basis only

ARTICLE 14 TECHNOLOGICAL CHANGE

1401 Technological Change means but is not limited to the introduction of changes to the present systems the introduction by the Company of additional radio channels computerized dispatching systems or any other mechanical electrical or other system including but not limited to fuel systems at no cost to the drivers

1402 In the event of any technological change the Company shall notify the Union in writing at least ninety (90) days before the introduction of such changes unless prior discussions with the Union have occurred

1501

1502

1)

2)

3)

ARTICLE 15 SENIORITY

Seniority shall be applied in determining layoffs preference for time off and recall from lay off as set out in other provisions of this agreement

Prior to being offered employment an individual shall be required to present to the Member of the Owners Group and the Company all relevant documentation namely

Valid Ontario or Quebec Provincial drivers license with a current provincial driving record with no more than six (6) demerit points at such time and if applicable has been pardoned for any prior conviction for impaired driving

Applicable Taxi Drivers License

Original copy of a Motor vehicle drivers abstract no older than twentyshyeight (28) days

Collective Agreement laquoCompanyraquo Page 20

4) Letter from previous or present insurer (where possible)

5) Work permit if applicable

6) Proof of Union membership

7) Social Insurance Numbercard or verification from appropriate federal government department of such number

8) A clear Police Criminal Record check no older than twenty-eight (28) days

9) Training as set forth in 1309

The above requirements do not apply to a driver who changes status or moves between Members of the Owners Group or Single Plate Owner or Single Plate Lessee provided the driver does not go more than thirty (30) calendar days without being registered on a taxicab except by reason of a proven medical illness Requirement 9 above does not apply to a driver who had previously driven under the DJs Taxi roof sign within the previous twelve (12) months Nevertheless each driver is required to register such changes with the Company To facilitate the drivers ability to register such changes the Company office shall be open from 830 am to 200pm daily except Saturday Sunday and Statutory Holidays

1503 The Owners Group shall recall laid off employees in the reverse order of lay-off

1504 A driver injured or ill should notify the Company and the Union within two (2) weeks of his absence and should arrange to provide a detailed mediqal certificate as evidence of injury or illness and an estimated time of return signed by a doctor in order to preserve his seniority Only an employee returning from an absence of eighteen (18) months or less due to injury or illness shall be returned to his previous vehicle provided that said vehicle is still working as a taxicab if it is not he shall be returned to another vehicle on the same shift he had prior to his injury or illness

A driver replacing another driver who is on sick leave shall be notified of his status by the Owners Group and the Owners Group shall notify the Union of all details

An employee returning within 30 days from an absence due to injury or illness shall be returned to his previous vehicle provided said vehicle is still working as a taxicab and if it is not heshe shall be returned to another vehicle

Collective Agreement laquoCompanyraquo Page 21

1505

(a)

(b)

(c)

(d)

An employee returning to work after thirty (30) days but less than eighteen (18) months from the commencement of hisher injury or illness shall be returned to work displacing the most junior driver driving with the individual member of the Owners Group

Clarity Note (i) A twelve (12) hour driver returning from illnessinjury shall be returned to a twelve (12) hour shift car by replacing the most junior driver driving Should the most junior driver be driving a twenty-four (24) hour car heshe would then be offered the shift remaining after the returning driver has chosen

Clarity Note (ii) A twenty four (24) hour driver returning from illnessinjury would replace the most junior driver and assume hisher shift

Clarity Note (iii) Returning employees shall be given the first available car corresponding to their previous shift

An employee shall lose seniority and as such will cease to be an employee upon

Voluntarily quitting or resigning

Being discharged for just cause and not having been reinstated through the grievance or arbitration procedure

Failing to rent an available vehicle when duly notified of same while on layshyoff except or for certified medical reasons

Being laid off being without a valid work permit or being without a valid Provincial drivers license or appropriate Municipal taxi drivers license for a length of time equal to that employees seniority or twelve (12) months whichever is less

ARTICLE 16 COMMITIEES

1601 A UnionManagement committee shall be appointed consisting of up to three (3) representatives from the Union and up to three (3) representatives from the Company This committee shall meet every six (6) months for the purpose of discussing matters of mutual concern

1602 A safety committee consisting of at least two (2) representatives of the Union and two (2) representatives of the Owners Group shall meet at a mutually agreeable time frame upon the request of either party within thirty (30) days for the purpose of discussing matters of mutual concern Minutes will be kept of each meeting

Collective Agreement laquoCompany Page22

1603 A rules committee consisting of up to three (3) representatives of the union and of up to three (3) representatives of the owners group shall meet at a mutually agreeable time frame upon the request of either party within thirty (30) days for the purpose of negotiating changes to existing rules and for discussing any new rules prior to their implementation

1604 To address advertising the parties agree to establish an Advertising Committee of equal representation to meet at mutually agreeable times upon request of either party within fifteen (15) days of notice being given by either side The Committee shall be responsible for a budget of $2625000 over the term of this collective agreement which sum shall be spent to advertise and promote the DJs business

The parties must agree when and how the advertising will be allocated However the parties agree that advertising would include

bull Flyers bull Newspaper Ads bull Promotional Items (eg fridge magnets) bull Radio

ARTICLE 17 SAFETY AND HEALTH

1701 It is understood and agreed that driver safety is important to the individual employee and to the industry as a whole The Owners Group and employees agree to exercise their rights and to fulfil their obligations in accordance with this understanding The Owners Group will continue to encourage and welcome safety recommendations for the safety and health of drivers during their working hours

1702 The employer shall supply only safe and roadworthy vehicles and the equipment contained therein and the vehicles themselves shall be maintained in good working order Each rental vehicle shall meet the mechanical fitness standards as defined in Provincial legislation

1703 The Company agrees to pay the premiums to an insurer chosen by the Company to provide term life insurance coverage in the amount of ten thousand dollars ($1000000) for all employees provided that the affected employee has a minimum of one (1) year seniority under the DJs Taxi roof sign and is actively working on the day he attains this one ( 1) year seniority

All claims and payments shall be in accordance with the terms of the master policy of the insurer and the Company shall not be liable for any

Collective Agreement laquoCompanyraquo Page 23 middot

bull

non payment by the Insurer This insurance coverage will not be provided to any driver who is 65 years or older at any time during this agreement

The Company shall aid in collecting monies by allowing a cash donation box to be set up at their office for driver(s) involved in serious accidents The Company shall not be responsible for said box

1704 The Company shall supply a safety shield for the company owned rental vehicle when requested by that driver

All rental drivers who request a shield must continue to operate on a vehicle that is equipped with a safety shield so long as said driver is operating under the DJs roof sign provided one (1) is available Company rental drivers working with a shield shall have the option of refusing to operate any spare rental vehicle not equipped with a safety shield However once a driver accepts a spare rental vehicle not equipped with a shield he will be deemed to have given up his right to exercise this option on the same shift

ARTICLE 18 WORK WEEK

1801 The Owners Group agrees that the employees shall determine their work week subject to the provisions of this agreement

1802 The Owners Group agrees that the work week shall be based on seven (7) days

1803 Rental drivers shall pay their weekly rental over six (6) days and have the use of the vehicle for seven (7) days

1804 Stand rents for car owners shall be calculated weekly paid monthly or weekly at the discretion of the employee but limited to one change in the payment structure per calendar year Any reduction is to be calculated on a weekly basis and there shall be no reduction given for anything less than seven (7) consecutive days off except where provided in this agreement

1805 Shifts shall be mutually agreed upon by the partners on the vehicle and in case of dispute shifts shall commence at 400am and 400pm The change-over location shall be mutually agreed to by the partners on the vehicle and in case of dispute change over shall be at the Companys office

ARTICLE 19 STATUTORY HOLIDAYS

Collective Agreement laquoCompanyraquo Page 24

1901 (a)

(b)

All rental drivers (12 amp 24 hours) of the Owners Group shall be entitled to the following days off provided that they have worked more than three (3) consecutive months under the Companys roof sign

All single plate owners (SPO) and single plate lessees (SPL) shall be entitled to the following days off provided that they have completed three (3) months of service under the Companys roof sign and they shall not be charged plate rent or stand rent for said statutory holidays

Employees meeting the criteria outlined in (a) and (b) above shall be given credit for said days whether they choose to work or not Credits for statutory holidays shall be given at the time that payment is made for the period covering the day of the holiday

New Years Day Family Day Good Friday

Victoria Day Canada Day Labour Day

ARTICLE 20 TIME OFF

Thanksgiving Day Christmas Day Boxing Day

2001 All rental drivers (12 amp 24 hours) shall be entitled to four (4) weeks annual time-off

All single plate lessees (SPL) shall be entitled to five (5) weeks annual time-off for which they shall not be charged stand rent for time-off taken During said time-off heshe shall not be charged plate rent for the first four (4) weeks

All single plate owners (SPO) shall be entitled to seven (7) weeks annual time-off During this period they shall not be charged stand rent

SPOs and SPLs outlined above will be granted their requested time-off entitlement provided they have no balance owing and provided that a minimum of one (1) week written notice is given to the individual Member of the Owners Group (MOG) and the Company and provided further that said drivers have a minimum of one (1) completed year of uninterrupted service under the Companys roof sign

In cases of accidents and major breakdowns involving SPO and SPL no notice period will be required for time-off and credits for such time-off will be based on daily increments

Where a SPOor a SPL has used all hisher allotted time off and said SPO or SPL has an accident or major breakdown heshe will be given up to a maximum of ten (1 0) additional days of time off and during said time

Collective Agreement laquoCompanygtbull Page 25

heshe shall not be charged any stand rent subject to proof of inoperability of the vehicle being provided

In the case of SPOs and SPLs extended time-off will be allowed for overseas trips All rents must be paid in advance to cover the time off for the extension

Explanation Car owners time off is only when the car is off the road If the SPO or SPL puts a driver on the car it is not considered part of this time off

2002 Single plate owners and single plate lessees will be responsible for arranging for time off for their drivers

2003 Time off may be taken weekly or bi-weekly at the employees discretion Provided further where the employee has taken a minimum of one (1) week heshe may take additional days) of less than weekly increments) in conjunction with the one 1) week

2004 Time off must be taken during the calendar year and cannot be accumulated over more than one calendar (1 year

2005 The MOG SPL and SPO agree that roof signs taxi plates and all other items (computer equipment will remain with the Company during the employees time-off and in the case of rental drivers the rental vehicle will be returned to the vehicle owner

ARTICLE 21 INSURANCE

21 01 Every car owner has the right to obtain insurance from the broker or Company of their choice without interference from the Owners Group

2102 The Owners Group shall upon written request from an employee who is presently insured by a member of the Owners Group provide written details of claim settlements and accident records

2103 The Company shall provide at no extra cost motor vehicle insurance coverage with collision provision deductible not exceeding $75000 or the cost of repair whichever is less for each at fault accident

21 04 The Company shall provide at no extra cost comprehensive coverage with zero deductible including but not limited to middotfire and theft It is agreed and understood that comprehensive coverage does not cover driver owned equipment

Collective Agreement Page26

21 05 The Company shall provide accident benefit coverage as set out in the OAP 1 of the Ontario Automobile Insurance Act and shall abide by the guidelines and statutory conditions as set out by the Insurance Company with whom the Company is insured

2106 With respect to Articles 2103 2104 and 2106 above which applies to accessible shift vehicles only) the Companys obligation is to provide insurance coverage only Any determination of whether a driver is entitled to insurance benefits andor whether a claim shall be paid or denied in any given situation shall be the sole and exclusive responsibility of the Insurance Company

2107 A driver who is insured through the Company shall provide the Company with a Motor Vehicle Drivers Abstract one month before the annual renewal of the Companys insurance policy A driver shall provide additional Motor Vehicle Drivers Abstracts as requested by the Insurer

21 08 The Companys insurer may judge a driver to be a high risk and may assess a surcharge accordingly A driver who is found tomiddot be a higher risk will bear the cost of any such surcharge

21 09 A driver insured by the Companys insurer who is involved in an accident shall regardless of whether he or she was at fault notify the dispatcher immediately The driver shall indicate whether the accident should be reported to the police and whether the customer or driver require medical attention Following notification of the dispatcher the driver shall remove the roof sign from the vehicle and record to the best of his or her ability all relevant information The driver shall bring the relevant information to the office within 24 hours of the incident excluding weekends and holidays)

2110 Drivers are responsible for the replacement of all lost or stolen antennae andor roof signs

2111 The Company shall pay the full El payments for all rental drivers In the event of an increase in the premiums during the life of this Collective Agreement drivers shall pay the drivers share of the increase

2112 All drivers who are insured through the Company obtained insurance must sign the Companys insurance agreement prior to commencing work The Company shall provide insurance agreements with no more than a $75000 deductible to be paid after the accident The amount shall be paid at the rate of $1000 per shift until fully paid

Collective Agreement ((Companyraquo Page27

ARTICLE 22 TAXI PLATE SALES

2201 1 Members of the Owners Group shall be able to sell plate(s) in the following manner

2202

(a) A notice of its intent to sell plate(s) shall be posted and announced over the dispatch system for a period of three (3) days and shall be offered to the lessees and rental drivers in the bargaining unit

(b) Where there is more than one interested applicant the plate(s) shall be offered based on seniority and plates sold shall be the plate of the most junior lesseedriver

Where the sale will result in the layoff of a driver that driver shall be recalled prior to any new hires by all Members of the Owners Group

2 Where there are no applicants the Member of the Owners Group will sell the last leased plate at their discretion Any driver laid off shall be recalled prior to any new hires by all members of the Owners Group

3 Sale of More Than One Plate at One Time

4

5

The Owners Group has the right to sell to whomever they choose provided that no one is displaced

In the event that the most junior lessee is displaced as a result of the sale of the plate the Company agrees to pay to the displaced lessee no more than fifty-five thousand dollars ($5500000) in the first year of this Agreement and according to the succession plan as outlined in article 23 for the following years of this Agreement This would apply only if the said lessee has complied with the succession plan as per article 23

An individual Member of the Owners Group shall not require any of his drivers to give up their rights under this Agreement and work under another roof sign without the drivers written consent given before a Notary Public for Ontario The Union shall be supplied with copies of the consents

In the case where a Member of the Owners Group is leasing a taxi plate and the Member of the Owners Group has a car under this plate and this vehicle is then rented out on a 12 or 24 hour rental this article then does not apply The Owners Group cannot be held responsible for any damage or compensation that may arise from the actions taken by the 3rd party

Collective Agreement laquoCompanyraquo Page28

2301

2302

2303

1

2

3

4

ARTICLE 23 SUCCESSION AND TAXI PLATE LEASES

Definition

The process by which the lessee of a Company-owned taxi license plate having determined that heshe wishes to retire andor otherwise terminate hisher relationship with the Company and having officially notified in writing both the Union and the Company of hisher intention to do so offers the opportunity to hisher driver to be the lessees successor all in accordance with the conditions sot out in this Article

In order to be eligible to offer a lease for succession the lessee must have been a party to a valid taxi plate Leasing Agreement with the Company for a minimum of one (1) year and have two (2) years of continuous uninterrupted service operating a taxi vehicle under the Companys roof sign The lessee must also be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

In order to qualify as a successor the driver must be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

An offer for succession shall follow the following order

No offer for succession can be made until the day after the final version of the seniority list as outlined in Appendix 2 has been agreed upon and signed-off by the Parties

The lessee must notify the Company and the Union in writing of hisher intention to exercise the option of succession and the projected date of the succession

The taxi plate lease shall be offered to the lessees current driver (if any) who shall have thirty (30) days to reject or accept the succession

If the offer is rejected or thirty (30) days have passed since the offer was made the taxi plate lease shall be offered to the drivers who are not single plate lessees (SPL) or a single plate owner (SPO) on the seniority list who shall have thirty (30) days to reject or accept the succession

Collective Agreement ltltCompanygtgt Page29

5

6

2304

2305

2306

2307

2308

2309

The most senior driver on the seniority list (who is not a single plate lessee-SPL or single plate owner-S PO) who accepts the succession shall be the successful incumbent lessee

In the event that no driver accepts the succession the lessee may ask that his request for succession be held in abeyance until such time as an incumbent lessee is found or may retire andor otherwise terminate hisher relationship with the Company at the time of hisher choosing In the event that the lessee retires andor terminates hisher employment relationship the taxi plate shall be returned to the Company and assigned to the next senior eligible driver as per the Companys past practice

The succession shall be valued at no more and no less than fifty-five thousand dollars ($5500000) except as modified as per sub-Article 2308 The driver (incumbent lessee) shall pay to the lessee the full value of the succession fee within sixty (60) days of the date of acceptance of the offer Once the driver has paid the succession fee the driver becomes a single plate lessee for the purposes of this Collective Agreement and will assume all rights duties responsibilities and obligations of a single plate lessee as set out in this Collective Agreement

The Parties agree that any monies or other considerations paid to a lessee at any time other than the time set out in sub-Article 2304 above shall not be counted towards the succession fee

The amount of $300000 (plus HST if applicable) shall be paid to the Company as a consulting fee by the incumbent lessee no later than the day before the day the incumbent lessee becomes a single plate lessee for the purposes of this Collective Agreement

Any lessee who exercises the succession option voluntarily terminates hisher employment with the Company and loses all seniority A driver who wishes to subsequently be rehired by the Company as a driver shall be placed at the bottom of the seniority list The driver will be eligible to become a lessee two (2) years from the date of hisher rehiring

The amount set out in sub-Article 2304 shall be increased annually on the date of the plate and stand rent increases set out in Article 27 of this Collective Agreement The annual increase shall be the same as the average of the percentage increase in the plate rent and the stand rent for that year

In the event of the death of a lessee and provided the lessee is up to date with all payments to the Company and has no outstanding amounts owing to the Company whatsoever the lessees estate shall have up to six (6) months from the date of death to exercise the option of succession

Collective Agreement laquoCompanybullbull Page 30

2310

2311

(a)

(b)

(c)

2312

Leasing agreements must be entered into provided they do not conflict with the terms of this Agreement

Without limiting the generality of 2310 in any way whatsoever a leasing agreement shall contain the following provisions

The lease shall terminate automatically for failure to fuHill any term of the lease including but not limited to failure by the lessee to fulfill any financial obligation or failure by the lessee to obtain replacement insurance in the event of cancellation of insurance

The lessee shall be the principal driver of the taxi vehicle which is attached to the taxi license plate

This Collective Agreement between the parties shall be the entire agreement and there shall be no other fee condition or other obligation except those set out in the Collective Agreement

All leased plates shall remain as such and shall not be converted to rental vehicles for the duration of this Agreement provided there are persons willing to leased said plates

ARTICLE 24 GRIEVANCE PROCEDURE

2401 A grievance shall include any issue regarding the interpretation administration application or alleged violation of this agreement It is the mutual desire of the parties that complaints of the drivers be adjusted as quickly as possible To that end the parties have adopted the following grievance procedure

STEP 1 A driver may bring his complaint to the Supervisor of the Members of the Owners Group If the driver does bring his complaint to the Supervisor he must do so within twenty (20) days of the incident or of he having knowledge of this incident giving rise to the complaint Where the complaint is brought forward it must be given to the Supervisor and the Supervisor shall reply within two (2) working days

STEP 2 Failing settlement of the complaint at Step 1 or where the driver has chosen not to avail himself of Step 1 the driver must file the grievance in writing within twenty (20) days of the incident or omiddotf he having knowledge of this incident giving rise to the grievance The grievance must be referred to the Member of the Owners Group claimed to be responsible andor any other person designated by the Member of the Owners Group Grievances shall be dealt with at the Step 2 meeting which shall be scheduled on the 3rd Wednesday of every month This monthly Step 2

Collective Agreement ccCompanyraquo Page 31

meeting shall be one meeting held at the Companys office Where the grievance involves the discharge of a driver the parties agree to meet within ten (1 0) working days of the filing of the grievance A representative of the Union shall be present at all step 2 meetings The Member of the Owners Group must respond within three (3) working days of the meeting

2402 Should a group grievance or a Union or policy grievance develop it shall be filed at Step 2 within twenty-five (25) days of the incident giving rise to the grievance or of the drivers or Union having knowledge of this incident

2403 Failing settlement under the above the matter in dispute may be taken to arbitration in accordance with article 26

2404 Drivers employed by single plate owners and single plate lessees may not grieve matters or disputes arising between the driver and the single plate owner or single plate lessee A committee shall be set up and made up of equal numbers of Uniondriver and Company personnel to assist in resolving disputes between the drivers and single plate owner and single plate lessee The committee shall have the power to determine a procedure to be followed as well as to determine fault and penalties

ARTICLE 25 ARBIrRATION

2501 After exhausting the provisions of the grievance procedure either of the parties may submit a grievance to arbitration either expedited or formal in writing within thirty (30) days of the Step 2 reply or if there is no reply within thirty (30) days after the expiration of the time limits to provide a reply

2502 Unless otherwise mutually agreed by the parties all grievances referred to arbitration not relating to an indefinite suspension a discharge or any separation of employment or to the interpretation of the collective agreement group grievances and policy grievances shall be referred to the expedited process

Grievances referred to arbitration in respect of indefinite suspensions discharge or separation of employment for any reason or to the interpretation of the collective agreement and group grievances may only be referred to this expedited process by the mutual agreement of the parties

2503 Within fourteen (14) days after notice has been given that the grievance will proceed to formal arbitration the parties shall meet and agree on a single arbitrator If the parties cannot agree on an arbitrator within this time limit either party may request the Minister of Labour to appoint an

Collective Agreement laquoCompanyraquo Page32

arbitrator and this appointment shall be binding on both parties In respect of the cost of arbitration of formal grievances the parties shall share equally the fee and expenses of the sole arbitrator

2504 The formal arbitrator shall have the right to exercise all the powers provided by the Labour Relations Act as amended from time to time

2505 The Arbitrator must hand down a written decision within sixty (60) days of the date of the hearing

2506 As an alternative to the formal arbitration process set out in the foregoing paragraphs a grievance may be referred to a previously agreed-upon person who shall hear the grievance and who shall at the conclusion of the hearing give a decision immediately Such decisions may not be used to alter modify or amend any part of the collective agreement and are made without precedent or prejudice to similar or like cases Such a decision shall be final and binding upon both parties and no further action may be taken on that grievance by any means whatsoever

2507 To maintain the efficiency of this expedited process the parties shall schedule a minimum of one (1) day of arbitration every three- (3) months except in those circumstances where either party deems it necessary to schedule the arbitrator more frequently

2508 The parties shall share equally the fee and expenses of the persons selected to hear the expedited arbitration cases

2509 At all expedited arbitration hearings the Company or Member of the Owners Group shall be represented by a member of their management and the Union shall be represented by a Union staff representative or an officersteward of the Local Union

2510 The Union shall forward to the representative of the Member of the Owners Group a list of the expedited grievances to be heard on the day or days scheduled for the hearing of grievances according to the expedited arbitration procedure The aforementioned list shall be forwarded to the representative of the Member of the Owners Group no later than ten (10) working days in advance of the hearing unless otherwise mutually agreed

2511 By exception a party may call one (1) witness at an expedited arbitration

2512 Prior to proceeding to formal or expedited arbitration and at least thirty (30) days prior to the date of arbitration the parties may upon mutually agreement request that any grievance be referred to a mediator to act as a grievance mediation officer for the purpose of attempting to

Collective Agreement laquoCompanyraquo Page33

mediate a settlement of the grievance The parties shall share equally the fee and expenses of this officer

ARTICLE 26 TAXI PACKAGE

2601 The employer shall provide to the rental driver at no extra cost motor vehicle insurance with a collision provision deductible not exceeding $50000 for each accident at fault

The Owners Group shall also provide to the rental driver at no extra cost comprehensive coverage with zero (0) deductible including but not limited to fire and theft It is agreed and understood that comprehensive coverage does not cover driver added equipment

2602 Each rental driver shall be supplied for a daily twelve (12) or twenty-four (24) hour period at no extra cost a roadworthy safe sedan four (4) door taxicab with proper weather resistant tires for all seasons and with a seating capacity for not less than four (4) passengers containing

2701

2702

2703

1 A roof sign 2 A sealed taxi meter 3 A two-way radio 4 A full size spare tire subject to space limitations 5 A tire tool 6 A jack 7 A mike clip 8 A full tank of gas at start date 9 Air conditioning on replacement vehicle where possible 10 An electric rear window defroster or blower

Any equipment owned by the Owners Group that becomes inoperative shall be repaired as soon as possible

ARTICLE 27 RENTAL CHARGES AND TERMS OF AGREEMENT

This agreement shall take effect upon ratification and be binding on both parties for three (3) years and shall continue for annual periods of one year each unless either party gives at least one hundred and twenty (120) days notice that it wishes to amend this agreement

It is agreed and understood that this agreement will remain in full force and effect until amended by negotiations

Rates shall be as follows

Collective Agreement laquoCompanyn Page 34

712011 712012 712013

Stand Rent (monthly) $43900 $45000 $45900

Plate Rent (monthly) $71926 $75000 $75960

Daily Car Rental 24 hr Regular Plated $9700 $9700 $9700

24 hr Accessible Plated $10500 $10500 $10500 12 hr Regular Plated $6700 $ 6700 $6700

12 hr Accessible Plated middot $8300 $8300 $8300

Credit Card Transaction 50 50 50

Debit Card (per) Transaction $065 $065 $065 (To the Driver)

POS Rental Fee (monthly) $800 $800 $800

POS Insurance (monthly) $300 $300 $300

Note The above rates do not include HST

Note For purposes of car rental rates the weekly rents shall be six (6) times the daily rent

Note It is recommended that drivers use Company supplied POS machines and systems

2704 Employees shall pay all monies owed to the Company in the following manner Monthly By the 5th business day of the month

2705 Any employee failing to pay monies by the above dates and times shall be suspended and not reinstated until the monies are paid in full and credited to their account

2706 Employees shall be entitled to pay their rents to the company by company approved charges cash and cheque - provided the employee has at least one (1) year of seniority

Employee(s) who have one (1) cheque returned NSF shall be suspended immediately upon the company receiving notification from the

Collective Agreement ((Company Page35

bank shall lose such privilege for twelve (12) months and shall be charged the appropriate charges

ARriCLE 28 GENERAL

2801 The Company and drivers shall maintain its internal company charge system and accept major credit cards which currently include Visa Mastercard American Express and Diners Cluben Route as approved by the Company

2802

2803

2804

2805

2806

2807

This system shall continue for the duration of this Agreement so long as external factors outside the Companys control do not prevent the Company from doing so Drivers shall be entitled to cash their charges provided they do not have any outstanding balances at the offices of the Company during the hours of 0830am to 400pm Monday to Friday except holidays The Company shall make available to the employees during normal business office hours receipt cards and credit card slips All credit card charges must be authorized

Drivers shall pay a fee of five (5) of all credit card charges that they redeem

Except as otherwise provided in this agreement all passengers shall be treated in a polite professional courteous and businesslike manner at all times by both the Owners Group and the employees

If requested a properly signed receipt shall be furnished by the owner for all payments made by the driver (If requested said receipt shall show a breakdown of all payments made by the driver and the dates for which they apply) For the purposes of this clause a numbered computer receipt shall be deemed to be signed

The employees who own their own vehicles whether or not they own their own license shall have absolute choice as to where their vehicle is to be repaired andor maintained

No employee either full-time or part-time shall abuse or mistreat any vehicle or equipment (ie roof sign radios meters and aerials)

The Owners Group agrees to work with the Union to lobby the City of Ottawa to allocate stands where necessary and appropriate

The Company agrees to provide the Union with the rules covering the stands controlled by concession agreements

Collective Agreement ccCompanyraquo Page 36

bull

2808 Subject to the provision of adequate insurance coverage all car owners shall be free to place a second driver or a third driver on their vehicles should they require without interference from the Company

2809

2810

2811

2812

2813

2814

In the event the Company refuses an individual employment as a second driver or as a third driver the Company agrees that such refusal may be the subject of a grievance and the onus of proof shall rest with the Company to show just cause for such refusal

The parties agree that no vehicle will have more than three (3) drivers at any one (1) time

The Company shall take reasonable steps to maintain all current concession agreements for the duration of this agreement The Company shall take all reasonable steps to obtain additional concession agreements

The Company shall have a phone line separate from the dispatch office so that drivers business people friends of the office staff may call through middot without having to tie up the dispatchers time The separate phone line may be used by the dispatch office during non-business hours

Time-off without rental fees or loss of seniority will be given to those members of the bargaining unit who are called for jury duty Rental driver(s) must park their rental vehicle(s) at the Companys premises should the jury duty go beyond three (3) days

The Company shall maintain a drivers waiting area As well the Company shall allow the drivers to use the telephone in the office for local calls only pursuant to the current past practice

In the event of an assessment to the CompanyOwners Group by WSIB in relation to the provision of WSIB benefits for the Bargaining unit personnel the CompanyOwners group and the Union agree to renegotiate in good faith the rates set out in Article 2703 Where the parties fail to reach agreement on the issue the matter shall be referred to an arbitrator for full and final settlement

When a customer complaint is received by the dispatcher the latter will advise the customer that an authorized representative of the Company will handle the complaint in an expeditious manner Upon request by the Union the Company shall provide a copy of the computer printout and all other relevant information including but not limited to any taped conversation related to the complaint being investigated The privacy of the customer is paramount and will at all times be respected

Collective Agreement ccCompanybullbull Page 37

2901 (a)

(b)

ARriCLE 29 BEREAVEMENT LEAVE

The Members of the Owners Group agree to grant affected employee(s) the necessary time off of up to four (4) days without fees at the time of death of the following relative(s) of said employee(s) father mother spouse (includes common-law) child brother sister mother andor fathershyin-law

The Members of the Owners Group further agree to grant to affected employees two (2) days without fees at the time of death of the following relatives of the employee sister andor brother-in-law and grandparent

ARTICLE 30 SOCIAL JUSTICE FUND

3001 The Company shall pay to the Union an amount of eight hundred ($80000) dollars per collective agreement year with such amounts being made payable to the CAW Social Justice Fund Inc Said amounts shall be paid by separate cheque by the last day of February in each year of this collective agreement A tax receipt shall be supplied to the Company on receipt of said amount

ARTICLE 31 SAFETY BANQUET

3101 The Company agrees to contribute seven hundred and fifty dollars ($75000) to the Unions annual Safety Banquet in each year of the Collective Agreement

SIGNED THIS DAY OF APRIL 15 2012

FORTH~

~~

Collective Agreement laquoCompanyraquo Page38

Collective Agreement laquoCompanyraquo Page39

SCHEDULE 11 A 11 LIST OF THE OWNERS GROUP

Coventry Connections Inc

Collective Agreement ccCompanyraquo Page40

SCHEDULE nan EXISTING CUSTOMS RIGHTS AND PRIVILEGES

1 There shall be no charge for the receipt cards

2 There shall be no charge for credit card vouchers subject to suppliers (third party) availability and conditions Should the Company pursue a course of action leading to Point of Sale terminals which usage will include Debit transactions Decremental Cards and Credit Cards there would be a charge for paper usage

3 The drivers shall choose their own working hours during their shift

4 Reasonable accommodation shall be given to payment of outstanding debts for accident(s) The following minimum payments are required

A) Up to $1 00000 - $ 1 000 per day

B) Over $100000- $2000 per day

Agreed to on the understanding that this does not apply to spare cars

Collective Agreement laquoCompanyraquo Page 41

SCHEDULE C RULES AND REGULATIONS

1 The following articles of clothing are not acceptable forms of attire at OJS

(a) Sweat pants and shorts except for dress shorts Dress shorts will be allowed from April to Labour Day Drivers caught wearing inappropriate shorts will be given one (1) warning and any future occurrence with regards to inappropriate shorts will cause them to lose the right to wear dress shorts for the duration of that season Shorts can be no shorter than three (3) inches above the knees

(b) T-shirts (except Union decaled T-shirt) without lapels tank tops and muscle s1middot1irts

NB Clothing andor other attire with obscenities profanities or sexually degrading remarks are not acceptable Hair must be clean and neat Faces must be clean-shaven or beards neatly trimmed Clothing must be tear and rip free with no visible patches and is to be cleaned and ironed as required Socks must be worn at all times with all types of footwear except for sandals

2 Drivers must be courteous and pleasant at all times and must conduct themselves in a professional business-like manner

3 There is to be no abusive foul language or gestures directed at customers or the general public

4 Consumption of alcohol or drugs will not be tolerated prior to the commencement of a shift andor while driving

5 There wiil be no arguing and fighting among drivers or other DJs personnel under any circumstances

6 No playing of cards or any other games of chance is allowed at any time when working This includes any form of gambling or betting on the air

7 Profanity or abusive language on the air or in your vehicle is prohibited at all times

8 Use of cell phone during the conveyance of a customer(s) is prohibited

9 Each taxicab and driver shall carry at all times a current street guide Drivers are to make proper use of this guide to avoid unnecessary air time

Collective Agreement ccCompanyraquo Page42

10 Deliveries are to be taken directly to the destination Running other fares while occupied on deliveries will not be permitted unless approved by the dispatcher

11 No messages between drivers are permitted Drivers will receive messages to call home spouse office union office partner or garage

In addition When an authorized Union rep asks the dispatcher to have a member of the bargaining unit call them for union business only this will be allowed and if necessary a phone number will be given

12 Picking up a fare while on the way to an accepted dispatch call will not be permitted

13 Drivers must allow 5 minutes wait at the customers pick-up address

14 Drivers shall take reasonable steps to ensure that they pickup only those fares that they are dispatched to Drivers must check with dispatcher for authorization before taking another fare from same address

15 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical breakdown emergency or any other reason(s) not herein listed the dispatcher shall reshydispatch the fare and suspend the driver for one (1) hour

16 Interference or jamming of the radio is a Federal offence and will not be tolerated

17 When necessary drivers must assist customers with handling of baggage and opening and closing of doors

18 No complaining to customers about short fares or time calls A list of regular short fares will be established and such fares shall be dispatched as Locals

19 At customers request music radio and other sound systems except for the twoshyway radio must be turned off

20 Driver must issue a receipt card upon request by customer Drivers signature must be clearly marked in the appropriate place on the receipt card There is no charge for the issuance of a receipt card

21 No new driver is to commence work until he has been briefed by OJS staff in the operating of our charge account system

22 Some of the guidelines in the operation of our charge account system are as follows

Collective Agreement laquoCompanyraquo Page43

(a) All charges are to be signed with car number (eg-DJ70) and date clearly written

(b) If the fare goes to more than one destination these other destinations are to be clearly marked on the reverse side of the chit

(c) Taxi chits to be signed by the customer and dollar value to be clearly marked

(d) Gift certificates which currently have a maximum value of $500 each are to be accepted at face value and change given as required

(e) Drivers must note on back of chit the drop offpick up address if it is different from address shown on face of chit

Drivers are prohibited from buying other drivers charges whether they be DJS drivers or other cab Companys charges Violation of this rule shall result in the following fines

1st offence -2d offence bull 3rd and subsequent offences-

$5000 per chit $10000 per chit $20000 per chit

plus the face value of each chitCredit Card in all cases

The parties agree that the above penalties are specific penalties within the meaning of the Ontario Labour Relations Act An Arbitrator shall not have the power to alter or modify any penalty imposed under this clause

(f) Drivers must accept all major credit cards approved by OJS Taxi

(g) Drivers are responsible for ensuring that all necessary information is clearly marked on charge vouchers as follows

bull Customers name and signature bull Card number (correct number of digits) bull Expiry date bull Drivers signature and car number (eg-DJ70) bull Ensure proper copies of charges are submitted to the Company for

processing bull No hand written major credit card sales drafts will be accepted

23 All cars are to be cleaned inside and out by 1000 am every day with due regard given to road and weather conditions

Collective Agreement Page44

24 All drivers must ensure that they have change for $2000 at all times and will not be removed from the sheet while getting change provided they are not called

25 No taxicab driver shall charge a passenger for

(a) The cost of proceeding to an establishment for change or

(b) Waiting time while a passenger obtains the change provided the bill presented for payment is of $2000 denomination or less

26 No vehicle to be left unattended with keys in the ignition

27 No person(s) unless authorized by the Company shall accompany the driver in the vehicle while heshe is occupied with a paying fare

28 Taxis must not be left unattended on a OJS taxi concession stand for more than ten (1 0) minutes

29 Only au~horized drivers with valid licenses can operate a taxi-licensed vehicle

30 Roof sign must be removed from vehicle when not on duty or involved in an accident

31 ALL DRIVERS ARE ADVISED THAT IT IS AGAINST THE LAW AND OJS TAXI COMPANY LIMITED POLICY TO REFUSE DOG GUIDES IN THEIR CABS REFUSAL WILL RESULT IN FINES AND DISCIPLINARY ACTION BY THE COMPANY

1st offence - 1 week suspension 2nd offence - 2 weeks suspension

3rd offence - Dismissal No longer working under the OJS roof sign

Accommodating Persons with Disabilities

The Management of OJS Taxi wishes to advise all its employees drivers and others operating under the OJS Taxi roof sign of the OJS Taxi policy with respect to blind passengers whether or not they use dog guides

Under the Blind Persons Rights Act of Ontario no person may either deny any person services customarily available to the public or discriminate against any person with respect to services available to the public for the reason that they are a blind person accompanied by a dog guide

Under the Ontario Human Rights Code every person has a right to equal treatment with respect to the supply of services which includes taxi services

Collective Agreement laquoCompanyraquo Page45

bull

without discrimination because of among other things a disability A disability includes any physical impairment such as being blind visually impaired deaf or hard of hearing

Guide Dogs and Taxi Services Many disabled persons are physically dependent on guide animals in their daily activities Canadians who are blind or visually impaired deaf or hard of hearing or who have other types of disabilities such as epilepsy are dependent on guide animals

Accommodation of these individuals necessitates that they be permitted to take their guide animals with them into taxi cabs Refusing to allow them to do so will infringe on their human rights and is against the Blind Persons Rights Act of Ontario and the Ontario Human Rights Code

This notice will simply repeat what should be apparent to you all that if a blind person with or without a dog guide is refused services by any OJS Taxi driver such actions will result in fines to the driver and other disciplinary action including the possibility of suspension by the Management of DJs Taxi Co Ltd

For more information regarding guide animals please review the attached pamphlet and information sheet published by Dog Guides Canada

Any inquiries concerning this policy should be directed to any member of the Management who will if it is required explain the policy to you

32 Drivers are not allowed in the dispatch office

33 All parking tickets will be paid by the rental driver responsible

34 In order to boost with Company owned taxicabs employees must request an obtain instruction from the garage manager or his designee on the proper method of boosting in order to reduce any risk of injury to the driver passenger and damage to the vehicle(s)

In the event of misuse employees at their discretion may be either disciplined in accordance with the principle of progressive discipline or have the option of reimbursing the Company for the cost of damaged parts

35 Any driver operating a taxi while his drivers license or taxi license is under suspension will be disciplined unless the driver can obtain written proof from the Ontario Ministry of Transport andor the appropriate taxi licensing authority that the driver did not receive evidence that hisher license was suspended or cancelled

36 When necessary or requested all elderly andor disabled customers are to be assisted in and out of taxicab at all times

Collective Agreement laquoCompanyraquo Page 46

37 No stealing fares

38 Drivers are not allowed to book no loads and run the fare

39 Drivers cannot refuse dispatched fares subject to article 1304 andor where the driver believes his safety or health is at risk

40 Failure to come to voice after two (2) requests by the Dispatch Supervisor will result in the Driver being suspended in the computer

41 Dispatch staff will not make phone calls for drivers unless it is an emergency situation

42 There shall be no personalization of any fares or trips placed through the Dispatch System of OJS Taxi except for returns east of but not including the Civic Hospital within the same twenty-four (24) hour period Where a return-call has been prearranged through the Dispatch System prior to the initial call being dispatched then the return-call cannot be personalized

43 Drivers will pay monies owed to the company by 400pm on the day that they are due No driver with an outstanding balance will be allowed to book on the sheet until their account is paid in full to the business office This means credited to their account and a receipt issued

44 Dispatchers shall give the line-up every thirty- (30) minutes except for the months of December January and February On implementation of the Computerized Dispatch this clause will be eliminated

45 All deliveries shall be given out as regular calls except where provided in this agreement and all employees shall have the option to refuse to deliver alcohol When a dispatcher requests a driver to call him for information concerning a delivery the dispatcher will first give the delivery address over the radio to ensure the delivery is being dispatched correctly

46 When drivers book out of their cars to attend scheduled complaint meeting appointments they shall be allowed to remain in their spot on the line up queue passed by for fares and treated by the dispatch as if they are no longer on the sheet

When the affected driver returns to his car and books back in he shall be returned to his position in the line up queue and given his next rightful fare

The maximum time a driver shall be allowed to book out for a complaint meeting is one half-hour

Collective Agreement laquoCompanyraquo Page 47

This rule shall only apply if the affected driver does not incur any discipline as a result of the complaint meeting

47 All cabs at DJS Taxi must have a mike clip and the clip must be used Drivers must pick up their mike when communicating

48 Drivers using vans as taxicabs must have and make use of (when requested or required) a portable step to assist passengers in and out of their vehicles

49 All taxicabs must be free of any body damage and any damage must be repaired within ninety- (90) days

50 Roof signs must be kept in good working order and condition with Company approved logo clearly visible front and rear

51 In order to ensure equipment is compatible with computer dispatch system all new radio equipment must be approved by the Company prior to installation

Collective Agreement laquoCompanyraquo Page48

SCHEDULE D CREDIT CARD POLICY amp PROCEDURES

DRIVERS MUST ACCEPT ALL COMPANY APPROVED CHARGES CREDIT AND DEBIT CARDS

DRIVERS MUST HAVE A POINT OF SALE UNIT AND A MANUAL PRINTER PER CURRENT BYLAW CITY OF OTTAWA

Due to the increased use of fraudulent Credit Cards by customers in taxicabs the following procedures have been developed to protect drivers from falling victim to Credit card fraud When accepting Credit cards the following rules must be followed

Credit and Debit Cards- the following rules must be followed

AUTHORIZATION OF ALL DEBIT AND CREDIT CARDS

All Credit Card slips must be authorized regardless of amount Verification is generally done after the fare is completed but verification of an estimated or known amount can be done prior to the completion of the trip if

bull The destination is beyond the radio coverage area bull The driver has reason(s) to suspect the validity of the card

INFORMATION REQUIRED FOR ACCEPTANCE OF DEBIT ANDOR CREDIT CARD SLIP FOR PAYMENT The completed Credit Card slip must contain all the following information

(a) Vehicle Number (pre-printed on POS slip if not to be written by hand at the bottom of the slip)

(b) Drivers ID Number and Initials (c) Amount of fare and gratuity (if applicable) (d) Authorization number (Pre-printed on POS slip) (e) Date of the fare (Pre-printed on POS slip) (f) The Debit or Credit Card must be swiped at all times (in the event that the

receipt does not print imprinting Credit Card only on manual imprinter is acceptable with customers signature but the imprint of the card number has to be clear) In the case of a swiped transaction part of the card number will display per Credit and Debit Card industry rules

(g) Customers signature clearly written (Credit Card only) marked TRANSACTION COPY We will accept the CUSTOMER COPY as long as it has the customers signature Debit POS slips are to be submitted marked TRANSACTION COPY NO SIGNATURE IS REQUIRED

Collective Agreement laquoCompanyraquo Page49

DISPUTES BY A CUSTOMER

Should a debit or credit card slip be disputed by the customer their bank or other financial institution the company will investigate If such investigation proves fraud or error by the driver the driver will be charged back for the full amount of the charge

If the disputed transaction was processed on a non-company unit a $500 plus HST charge plus the value of the charge will be debited to the drivers account The Company will refund the customer for the value of the charge

Should a customer andor driver report that the charge has been approved more than once the Company will investigate The Company does not allow any refunds in the taxicab Drivers can void a transaction but this must be done before Batch Closing the transaction A Void can only be done in the presence of the customer as the card (debit or credit) must be present The driver can then re-swipe the card for the correct amount The Company publishes a toll free number for customers or drivers to call with any concerns about a transaction If a customer has been charged more than once for the incorrect amount the following procedures apply

Credit Card

The Company will verify that the customer was charged multiple times or has been over-charged and issue a refund as necessary The Company will send a copy to the customer upon request All refunds are processed on a Point of Sale unit or Virtual Merchant (on-line) The Company may contact the driver to determine the validity of the customers details

Debit Card

The Company will verify that the customer was charged multiple times or has been overcharged and issue a cheque refund as necessary The Company keeps a copy of the cheque issued

GENERAL INFORMATIONGUIDELINES

1 If the driver has overcharged the customer and has been paid the incorrect amount the Company will adjust the drivers account and provide a receipt The Company maintains a log in the even there is a dispute by the driver or the customer If the driver reports the overcharge that is logged on a Customer Incident Form which has a Control Number

2 Hand written Credit Cards will not be accepted All Credit Cards must be passed through a manual imprinter which clearly shows the full credit card number If the credit card number is not clear and cannot be authorized

Collective Agreement laquoCompany Page 50

the driver will face debitchargeback of the amount as it cannot be authorized

3 The only Credit Cards accepted by Taxitab a division of Coventry Connections Inc are

i Visa ii Mastercard iii American Express

Note Visa Mastercard and American Express all issue prepaid credit cards these are all accepted

4 Taxitab a Division of Coventry Connections accepts Debit Cards for Canadian Financial Institutions Debit Cards for foreign banks may not

work on the unit Visa Mastercard have commenced issuing Debit Cards these are all accepted These cards are clearly marked on the face of the card with the Visa and Mastercard logos

5 The following items are to be checkedverified by the driver upon presentation of a Credit Car (a to d) Debit Card (d only)

CHECK LIST

(a) Expiry Date Ensure the card is valid Check to be sure that the Card is not being used beyond the expiry date printed on the card If the card is expired refuse to accept it

(b) Altered Cards Check to see if the card has been noticeably altered in any way If it has been refuse to accept it

(c) Card holders name and signature Check that the signature on the Credit Card slip is the same name printed on the card At the same time check that the signature is the same as the signature on the rear of the card If there is no signature on the rear of the card ask the customer to sign it as you are required to check this

If in doubt ask to see some other form of identification (preferably one with a picture and signature) that ensures that the person using the card is who they say they are

(d) Amount of fare and gratuity (if applicable) The amount of the Debit or Credit card slip must be equal to the amount of the fare and the gratuity (where applicable) Each amount should be entered in their respective places and only by the customer unless otherwise directed In the case of a Debit Card customer must always enter their PIN number to

Collective Agreement ltbullCompany Page 51

authorize the card Drivers must remind customer that the TIP field comes first followed by the PIN number

(e) $150 Surcharge

Debit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated by the City of Ottawa By-Law The $150 charge is prompted by the point of sale unit automatically The Driver receives 65cent of the $150 for every transaction

Credit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated in the City of Ottawa By-Law The $150 charge is NOT prompted by the point of sale unit automatically The driver adds the $150 to the metered amount and enters this total in the base amount field

6 CAUTIONS

7

(a)

(b)

(c)

Bank Card only have the Bank name on the card

Credit Cards are identified by the VISA MASTERCARD AMERICAN EXPRESS OR DINERS CLUB-ENROUTE symbols Only Cards with these symbols will be accepted

Credit Cards will have a holographic image on the face of the card

CASH ADVANCES

The use of Credit Cards for cash advances in the taxicab is not permitted Credit Cards must only be used in the taxicab for paying for an actual fare Anyone using a Credit Card in a taxicab to obtain cash advance is most likely using a stolen or fraudulent card

8 OUT OF TOWN FARES

For the drivers protection it is suggested that for fares going out of town and the customer wishes to pay by Credit Card it is recommended that the driver authorize the fare at the beginning of the trip (dispatcher can give an estimated amount) If there is a difference process the difference at the end of the trip There is a pre-authorization feature available for Credit Card only on the Point of Sale unit The Company can activate this on driver request but the driver must be

Collective Agreement ccCompany)) Page 52

bull

9

given correct training for this There are several steps involved with pre-authorization that must be followed before batch closing

BATCH CLOSING

Drivers must close transaction in the terminals at the end of their shift Credit Card authorizations only remain in the terminal for five (5) days after that the processor closes them automatically Drivers must batch close all credit cards no later than four (4) days in order for the items to appear on the batch close report

Batch Close reports will print separately for Debit and Credit Cards and list the details of the transactions in the terminals showing the card type and the last four (4) digits of the card involved This Batch close cannot be reprinted drivers must hold on to them Attach the slips to the Batch Close and bring to the cashier The cashier will verify the attached slips are on the batch close and proceed to pay or credit the driver assuming all slips are authorized and complete (as discussed above under (1) Authorization Procedures)

The following circumstances regarding Batch Closes will apply

(i) Batch Close with All Debit and Signed Credit Card slips- Driver will be paid or credited at time of presentation at a cashiering station

(ii) Batch Close- No Debit Slips if the batch close shows a Debit Slip and the driver has misplaced or lost the slip the Driver will be paid or credited at the time of presentation at a cashiering station

(iii) Batch Close No Credit Card Slip- No Slip No Payment at time of cashiering (driver is to go to Driver Admin in this instance) If the driver has a signed manual slip and the last 4 numbers of the card match those on the batch close the slip will be accepted by the cashier

NO BATCH CLOSE REPORT -If a Driver has lost or misplaced Batch Close report the Driver is to go straight to Driver Admin (not cashiering) The Driver is to bring the receipts (if there is a credit card slip with no signature there is a separate procedure for this below) he has for which he has not batch close Driver Admin will initiate a Batch Close Incident Report which has a Control Number for future reference The Procedure is as follows

(i) Driver Admin to Photocopy all Slips and write the Control from the Batch Close Incident Form on the photocopy and date the sheet The

Collective Agreement ccCompanyraquo Page 53

bull

bull

Driver is to keep this in the event of a dispute or apparent nonshypayment in account

(ii) Driver Admin will complete the top copy of the report attach a copy of the slips The Driver will complete the bottom part of the report and sign it

(iii) Management will need 72 hours (three business days) from the date of Incident Report to investigate the transaction has been settled in the POS unit

(iv) Providing Management confirms the transaction is complete the slips will be credited to the Drivers account and a receipt will be printed A copy of the receipt is attached to the Batch Close Incident Report The Control from the Form is entered when the the amount is credited for reference A receipt can be printed at that time by cashier

(v) In the event that a driver does not have a Batch Close and presents a credit card slip with no signature the following will apply

(vi) If the Driver experiences a problem with the Batch Close or operation of the unit the Driver is to bring the unit to the office during normal hours Management will investigate the issue and call Driver to reshyissue the unit completing paperwork for the replacement unit which the driver will sign

Any driver attempting to defraud a customer by processing a debit or credit slip more than once will be terminated

Collective Agreement laquoCompany)) Page 54

bull

bull

SCHEDULE E STOLEN FARE POLICY

Whenever the Dispatch Supervisor receives a complaint that a fare either dispatched to the complainant or from within the same block of taxi standconcession on which the complainant is parked has been stolen and the identification of the accused is made known the Supervisor shall

(a) Bring the accused to voice and notify himher of the allegations

(b) Inform the complainant that a deposit of forty dollars ($4000) must accompany his accusation and to be deposited within one (1) hour of the complaint Where applicable inform the complainant that the accused wishes to challenge the allegations and the date and time of the hearing shall be known to both parties

(c) A failure of either party to attend the hearing will result in an additional fine of forty dollars ($4000) to be paid within sixty (60) minutes of the conclusion of the hearing or a suspension ob the absent party until payment is received

(d) Inform the accused of the available options

(i) Arrange for repayment of the fare in its entirety to a minimum of forty dollars ($4000) to the complainant a Union representative or the Company on behalf of the complainant within sixty (60) minutes or

(ii) If the allegation is being denied and the accused wishes to refute it forty dollars ($4000) must be deposited at the dispatch office within sixty (60) minutes with a notification to the Dispatch Supervisor that the allegation is being challenged

Where the accused fails to respond to two (2) voice messages or refuses to comply with (c) the accused shall have dispatch services suspended until in compliance or the Company receives instructions from a Union Representative to do otherwise

The penalty for a wrongful accusation is the payment of forty dollars ($4000) to the accused by the accuser in addition to the return of the accuseds deposited payment

It is understood and agreed that the action(s) of the Dispatch Supervisor(s) in the compliance of this Policy is not to be construed as a determination of who is the guilty party In all disputes regarding stolen fares the Committee shall make the final determination with respect to guilt

Collective Agreement laquoCompany Page 55

bull

bull

Note Such fare(s) will not be considered as Stolen Fare(s) if picked up by driver(s) arriving on the Concession(s)Taxi Stand(s) prior the driver(s) who accepted the dispatched fare(s)

Collective Agreement ((Company Page 56

bull bull

APPENDIX 1

PLATE CAR LESSEE IND START LESSEE START

1 1027 5027 ADAM GRANT 1 91111986 111987

2 1015 5015 TIMS VAUGHN 411995 411995

3 1043 5043 MARTON FERENC G 10251995 10251995

4 1050 5050 DUBOIS JOHN 12111994 311996

5 1048 5048 SUNIL JOSHI 1111994 711996

6 1030 5030 SLIM MOHAMED 711996 7111996

7 1041 5041 JAMALEDDINE ZAHER 911996 911996

8 1040 5040 MAHEUX FRANK 11151996 181997

9 1109 1 5109 ASTLEY JAMES 1011994 1131997

10 1045 5045 MELHEM SAMIR 1211996 9211997

11 1028 5028 LABINE ANTHONY 10151980 11281997

12 1054 5054 ELmiddotNEMER NEMER 11131997 21271998

13 1113 5113 WEAGANT BROCK C 82211988 3131998

i

14 1039 5039 SOBH HAC HEM 11171997 5111998

15 1044 1 5044 MOUFARREJ RAYMOND 10241996 1161998

16 1042 5042 MCCONVILLE BILL 311992 11111998

17 1107 5107 GIANNAKOS LOUIS I 9111997 491999

18 1026 5026 VERMA LALIT 51261996 5311999

19 1033 5033 MITCHELL BRUCE 111987 9301999

i

20 1108 5108 PAPPAS CHRISTINE 121111991 1041999

rmiddot 1014 5014 NYTRA BEDRICH 961996 3302000

22 1000 5000 ABOUmiddotARRAG SAM I 611997 7132000

23 1038 5038 MUNROE JOHN 1111977 492001

24 1022 5022 RADULESCU GELU 611999 5232002

25 1139 5139 HASSOUN I MOUFID 71211999 8152002

26 1006 5006 SADER I GHASSAN 6211999 292004

27 1029 5029 CLAYTON GREG 911980 21132004

Collective Agreement ccCompany Page 57

bull

28 1034 5034 IBRAHIM 12301995 4302004

29 1037 5037 ABDALLA HASSAN I 3312000 2202006

30 1010 5010 HASSOUN AD NAN 8272001 312006

31 1031 MASSOUD 1241998 312006

32 1 1o35 5035 JANCO 911992 362006

1 33 1036 5036 SINGH BALWANT 92211999 3172006

Collective Agreement ltltCompanyraquo Page 58

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 22: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

$10000 and said cost shall be borne by the prospective employee Failure to pass any portion of this test shall result in a fourteen (14) day waiting period before the applicant will be allowed to re-do the portion(s) of this sub-article which heshe has failed The cost associated with re-doing a) or c) will be $5000 while re-doing both would be $10000

During this waiting period the applicant will not be allowed to operate under the DJs roof sign No person operating a taxicab under the DJs roof sign will be assigned any duties associated with this sub-article

Tests are given on the first and third Mondays of each month on a first come-middotfirst serve basis by appointment Failure to attend for a scheduled date and or time will result in the forfeiture of the appointment and a new date will be booked on a first available basis only

ARTICLE 14 TECHNOLOGICAL CHANGE

1401 Technological Change means but is not limited to the introduction of changes to the present systems the introduction by the Company of additional radio channels computerized dispatching systems or any other mechanical electrical or other system including but not limited to fuel systems at no cost to the drivers

1402 In the event of any technological change the Company shall notify the Union in writing at least ninety (90) days before the introduction of such changes unless prior discussions with the Union have occurred

1501

1502

1)

2)

3)

ARTICLE 15 SENIORITY

Seniority shall be applied in determining layoffs preference for time off and recall from lay off as set out in other provisions of this agreement

Prior to being offered employment an individual shall be required to present to the Member of the Owners Group and the Company all relevant documentation namely

Valid Ontario or Quebec Provincial drivers license with a current provincial driving record with no more than six (6) demerit points at such time and if applicable has been pardoned for any prior conviction for impaired driving

Applicable Taxi Drivers License

Original copy of a Motor vehicle drivers abstract no older than twentyshyeight (28) days

Collective Agreement laquoCompanyraquo Page 20

4) Letter from previous or present insurer (where possible)

5) Work permit if applicable

6) Proof of Union membership

7) Social Insurance Numbercard or verification from appropriate federal government department of such number

8) A clear Police Criminal Record check no older than twenty-eight (28) days

9) Training as set forth in 1309

The above requirements do not apply to a driver who changes status or moves between Members of the Owners Group or Single Plate Owner or Single Plate Lessee provided the driver does not go more than thirty (30) calendar days without being registered on a taxicab except by reason of a proven medical illness Requirement 9 above does not apply to a driver who had previously driven under the DJs Taxi roof sign within the previous twelve (12) months Nevertheless each driver is required to register such changes with the Company To facilitate the drivers ability to register such changes the Company office shall be open from 830 am to 200pm daily except Saturday Sunday and Statutory Holidays

1503 The Owners Group shall recall laid off employees in the reverse order of lay-off

1504 A driver injured or ill should notify the Company and the Union within two (2) weeks of his absence and should arrange to provide a detailed mediqal certificate as evidence of injury or illness and an estimated time of return signed by a doctor in order to preserve his seniority Only an employee returning from an absence of eighteen (18) months or less due to injury or illness shall be returned to his previous vehicle provided that said vehicle is still working as a taxicab if it is not he shall be returned to another vehicle on the same shift he had prior to his injury or illness

A driver replacing another driver who is on sick leave shall be notified of his status by the Owners Group and the Owners Group shall notify the Union of all details

An employee returning within 30 days from an absence due to injury or illness shall be returned to his previous vehicle provided said vehicle is still working as a taxicab and if it is not heshe shall be returned to another vehicle

Collective Agreement laquoCompanyraquo Page 21

1505

(a)

(b)

(c)

(d)

An employee returning to work after thirty (30) days but less than eighteen (18) months from the commencement of hisher injury or illness shall be returned to work displacing the most junior driver driving with the individual member of the Owners Group

Clarity Note (i) A twelve (12) hour driver returning from illnessinjury shall be returned to a twelve (12) hour shift car by replacing the most junior driver driving Should the most junior driver be driving a twenty-four (24) hour car heshe would then be offered the shift remaining after the returning driver has chosen

Clarity Note (ii) A twenty four (24) hour driver returning from illnessinjury would replace the most junior driver and assume hisher shift

Clarity Note (iii) Returning employees shall be given the first available car corresponding to their previous shift

An employee shall lose seniority and as such will cease to be an employee upon

Voluntarily quitting or resigning

Being discharged for just cause and not having been reinstated through the grievance or arbitration procedure

Failing to rent an available vehicle when duly notified of same while on layshyoff except or for certified medical reasons

Being laid off being without a valid work permit or being without a valid Provincial drivers license or appropriate Municipal taxi drivers license for a length of time equal to that employees seniority or twelve (12) months whichever is less

ARTICLE 16 COMMITIEES

1601 A UnionManagement committee shall be appointed consisting of up to three (3) representatives from the Union and up to three (3) representatives from the Company This committee shall meet every six (6) months for the purpose of discussing matters of mutual concern

1602 A safety committee consisting of at least two (2) representatives of the Union and two (2) representatives of the Owners Group shall meet at a mutually agreeable time frame upon the request of either party within thirty (30) days for the purpose of discussing matters of mutual concern Minutes will be kept of each meeting

Collective Agreement laquoCompany Page22

1603 A rules committee consisting of up to three (3) representatives of the union and of up to three (3) representatives of the owners group shall meet at a mutually agreeable time frame upon the request of either party within thirty (30) days for the purpose of negotiating changes to existing rules and for discussing any new rules prior to their implementation

1604 To address advertising the parties agree to establish an Advertising Committee of equal representation to meet at mutually agreeable times upon request of either party within fifteen (15) days of notice being given by either side The Committee shall be responsible for a budget of $2625000 over the term of this collective agreement which sum shall be spent to advertise and promote the DJs business

The parties must agree when and how the advertising will be allocated However the parties agree that advertising would include

bull Flyers bull Newspaper Ads bull Promotional Items (eg fridge magnets) bull Radio

ARTICLE 17 SAFETY AND HEALTH

1701 It is understood and agreed that driver safety is important to the individual employee and to the industry as a whole The Owners Group and employees agree to exercise their rights and to fulfil their obligations in accordance with this understanding The Owners Group will continue to encourage and welcome safety recommendations for the safety and health of drivers during their working hours

1702 The employer shall supply only safe and roadworthy vehicles and the equipment contained therein and the vehicles themselves shall be maintained in good working order Each rental vehicle shall meet the mechanical fitness standards as defined in Provincial legislation

1703 The Company agrees to pay the premiums to an insurer chosen by the Company to provide term life insurance coverage in the amount of ten thousand dollars ($1000000) for all employees provided that the affected employee has a minimum of one (1) year seniority under the DJs Taxi roof sign and is actively working on the day he attains this one ( 1) year seniority

All claims and payments shall be in accordance with the terms of the master policy of the insurer and the Company shall not be liable for any

Collective Agreement laquoCompanyraquo Page 23 middot

bull

non payment by the Insurer This insurance coverage will not be provided to any driver who is 65 years or older at any time during this agreement

The Company shall aid in collecting monies by allowing a cash donation box to be set up at their office for driver(s) involved in serious accidents The Company shall not be responsible for said box

1704 The Company shall supply a safety shield for the company owned rental vehicle when requested by that driver

All rental drivers who request a shield must continue to operate on a vehicle that is equipped with a safety shield so long as said driver is operating under the DJs roof sign provided one (1) is available Company rental drivers working with a shield shall have the option of refusing to operate any spare rental vehicle not equipped with a safety shield However once a driver accepts a spare rental vehicle not equipped with a shield he will be deemed to have given up his right to exercise this option on the same shift

ARTICLE 18 WORK WEEK

1801 The Owners Group agrees that the employees shall determine their work week subject to the provisions of this agreement

1802 The Owners Group agrees that the work week shall be based on seven (7) days

1803 Rental drivers shall pay their weekly rental over six (6) days and have the use of the vehicle for seven (7) days

1804 Stand rents for car owners shall be calculated weekly paid monthly or weekly at the discretion of the employee but limited to one change in the payment structure per calendar year Any reduction is to be calculated on a weekly basis and there shall be no reduction given for anything less than seven (7) consecutive days off except where provided in this agreement

1805 Shifts shall be mutually agreed upon by the partners on the vehicle and in case of dispute shifts shall commence at 400am and 400pm The change-over location shall be mutually agreed to by the partners on the vehicle and in case of dispute change over shall be at the Companys office

ARTICLE 19 STATUTORY HOLIDAYS

Collective Agreement laquoCompanyraquo Page 24

1901 (a)

(b)

All rental drivers (12 amp 24 hours) of the Owners Group shall be entitled to the following days off provided that they have worked more than three (3) consecutive months under the Companys roof sign

All single plate owners (SPO) and single plate lessees (SPL) shall be entitled to the following days off provided that they have completed three (3) months of service under the Companys roof sign and they shall not be charged plate rent or stand rent for said statutory holidays

Employees meeting the criteria outlined in (a) and (b) above shall be given credit for said days whether they choose to work or not Credits for statutory holidays shall be given at the time that payment is made for the period covering the day of the holiday

New Years Day Family Day Good Friday

Victoria Day Canada Day Labour Day

ARTICLE 20 TIME OFF

Thanksgiving Day Christmas Day Boxing Day

2001 All rental drivers (12 amp 24 hours) shall be entitled to four (4) weeks annual time-off

All single plate lessees (SPL) shall be entitled to five (5) weeks annual time-off for which they shall not be charged stand rent for time-off taken During said time-off heshe shall not be charged plate rent for the first four (4) weeks

All single plate owners (SPO) shall be entitled to seven (7) weeks annual time-off During this period they shall not be charged stand rent

SPOs and SPLs outlined above will be granted their requested time-off entitlement provided they have no balance owing and provided that a minimum of one (1) week written notice is given to the individual Member of the Owners Group (MOG) and the Company and provided further that said drivers have a minimum of one (1) completed year of uninterrupted service under the Companys roof sign

In cases of accidents and major breakdowns involving SPO and SPL no notice period will be required for time-off and credits for such time-off will be based on daily increments

Where a SPOor a SPL has used all hisher allotted time off and said SPO or SPL has an accident or major breakdown heshe will be given up to a maximum of ten (1 0) additional days of time off and during said time

Collective Agreement laquoCompanygtbull Page 25

heshe shall not be charged any stand rent subject to proof of inoperability of the vehicle being provided

In the case of SPOs and SPLs extended time-off will be allowed for overseas trips All rents must be paid in advance to cover the time off for the extension

Explanation Car owners time off is only when the car is off the road If the SPO or SPL puts a driver on the car it is not considered part of this time off

2002 Single plate owners and single plate lessees will be responsible for arranging for time off for their drivers

2003 Time off may be taken weekly or bi-weekly at the employees discretion Provided further where the employee has taken a minimum of one (1) week heshe may take additional days) of less than weekly increments) in conjunction with the one 1) week

2004 Time off must be taken during the calendar year and cannot be accumulated over more than one calendar (1 year

2005 The MOG SPL and SPO agree that roof signs taxi plates and all other items (computer equipment will remain with the Company during the employees time-off and in the case of rental drivers the rental vehicle will be returned to the vehicle owner

ARTICLE 21 INSURANCE

21 01 Every car owner has the right to obtain insurance from the broker or Company of their choice without interference from the Owners Group

2102 The Owners Group shall upon written request from an employee who is presently insured by a member of the Owners Group provide written details of claim settlements and accident records

2103 The Company shall provide at no extra cost motor vehicle insurance coverage with collision provision deductible not exceeding $75000 or the cost of repair whichever is less for each at fault accident

21 04 The Company shall provide at no extra cost comprehensive coverage with zero deductible including but not limited to middotfire and theft It is agreed and understood that comprehensive coverage does not cover driver owned equipment

Collective Agreement Page26

21 05 The Company shall provide accident benefit coverage as set out in the OAP 1 of the Ontario Automobile Insurance Act and shall abide by the guidelines and statutory conditions as set out by the Insurance Company with whom the Company is insured

2106 With respect to Articles 2103 2104 and 2106 above which applies to accessible shift vehicles only) the Companys obligation is to provide insurance coverage only Any determination of whether a driver is entitled to insurance benefits andor whether a claim shall be paid or denied in any given situation shall be the sole and exclusive responsibility of the Insurance Company

2107 A driver who is insured through the Company shall provide the Company with a Motor Vehicle Drivers Abstract one month before the annual renewal of the Companys insurance policy A driver shall provide additional Motor Vehicle Drivers Abstracts as requested by the Insurer

21 08 The Companys insurer may judge a driver to be a high risk and may assess a surcharge accordingly A driver who is found tomiddot be a higher risk will bear the cost of any such surcharge

21 09 A driver insured by the Companys insurer who is involved in an accident shall regardless of whether he or she was at fault notify the dispatcher immediately The driver shall indicate whether the accident should be reported to the police and whether the customer or driver require medical attention Following notification of the dispatcher the driver shall remove the roof sign from the vehicle and record to the best of his or her ability all relevant information The driver shall bring the relevant information to the office within 24 hours of the incident excluding weekends and holidays)

2110 Drivers are responsible for the replacement of all lost or stolen antennae andor roof signs

2111 The Company shall pay the full El payments for all rental drivers In the event of an increase in the premiums during the life of this Collective Agreement drivers shall pay the drivers share of the increase

2112 All drivers who are insured through the Company obtained insurance must sign the Companys insurance agreement prior to commencing work The Company shall provide insurance agreements with no more than a $75000 deductible to be paid after the accident The amount shall be paid at the rate of $1000 per shift until fully paid

Collective Agreement ((Companyraquo Page27

ARTICLE 22 TAXI PLATE SALES

2201 1 Members of the Owners Group shall be able to sell plate(s) in the following manner

2202

(a) A notice of its intent to sell plate(s) shall be posted and announced over the dispatch system for a period of three (3) days and shall be offered to the lessees and rental drivers in the bargaining unit

(b) Where there is more than one interested applicant the plate(s) shall be offered based on seniority and plates sold shall be the plate of the most junior lesseedriver

Where the sale will result in the layoff of a driver that driver shall be recalled prior to any new hires by all Members of the Owners Group

2 Where there are no applicants the Member of the Owners Group will sell the last leased plate at their discretion Any driver laid off shall be recalled prior to any new hires by all members of the Owners Group

3 Sale of More Than One Plate at One Time

4

5

The Owners Group has the right to sell to whomever they choose provided that no one is displaced

In the event that the most junior lessee is displaced as a result of the sale of the plate the Company agrees to pay to the displaced lessee no more than fifty-five thousand dollars ($5500000) in the first year of this Agreement and according to the succession plan as outlined in article 23 for the following years of this Agreement This would apply only if the said lessee has complied with the succession plan as per article 23

An individual Member of the Owners Group shall not require any of his drivers to give up their rights under this Agreement and work under another roof sign without the drivers written consent given before a Notary Public for Ontario The Union shall be supplied with copies of the consents

In the case where a Member of the Owners Group is leasing a taxi plate and the Member of the Owners Group has a car under this plate and this vehicle is then rented out on a 12 or 24 hour rental this article then does not apply The Owners Group cannot be held responsible for any damage or compensation that may arise from the actions taken by the 3rd party

Collective Agreement laquoCompanyraquo Page28

2301

2302

2303

1

2

3

4

ARTICLE 23 SUCCESSION AND TAXI PLATE LEASES

Definition

The process by which the lessee of a Company-owned taxi license plate having determined that heshe wishes to retire andor otherwise terminate hisher relationship with the Company and having officially notified in writing both the Union and the Company of hisher intention to do so offers the opportunity to hisher driver to be the lessees successor all in accordance with the conditions sot out in this Article

In order to be eligible to offer a lease for succession the lessee must have been a party to a valid taxi plate Leasing Agreement with the Company for a minimum of one (1) year and have two (2) years of continuous uninterrupted service operating a taxi vehicle under the Companys roof sign The lessee must also be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

In order to qualify as a successor the driver must be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

An offer for succession shall follow the following order

No offer for succession can be made until the day after the final version of the seniority list as outlined in Appendix 2 has been agreed upon and signed-off by the Parties

The lessee must notify the Company and the Union in writing of hisher intention to exercise the option of succession and the projected date of the succession

The taxi plate lease shall be offered to the lessees current driver (if any) who shall have thirty (30) days to reject or accept the succession

If the offer is rejected or thirty (30) days have passed since the offer was made the taxi plate lease shall be offered to the drivers who are not single plate lessees (SPL) or a single plate owner (SPO) on the seniority list who shall have thirty (30) days to reject or accept the succession

Collective Agreement ltltCompanygtgt Page29

5

6

2304

2305

2306

2307

2308

2309

The most senior driver on the seniority list (who is not a single plate lessee-SPL or single plate owner-S PO) who accepts the succession shall be the successful incumbent lessee

In the event that no driver accepts the succession the lessee may ask that his request for succession be held in abeyance until such time as an incumbent lessee is found or may retire andor otherwise terminate hisher relationship with the Company at the time of hisher choosing In the event that the lessee retires andor terminates hisher employment relationship the taxi plate shall be returned to the Company and assigned to the next senior eligible driver as per the Companys past practice

The succession shall be valued at no more and no less than fifty-five thousand dollars ($5500000) except as modified as per sub-Article 2308 The driver (incumbent lessee) shall pay to the lessee the full value of the succession fee within sixty (60) days of the date of acceptance of the offer Once the driver has paid the succession fee the driver becomes a single plate lessee for the purposes of this Collective Agreement and will assume all rights duties responsibilities and obligations of a single plate lessee as set out in this Collective Agreement

The Parties agree that any monies or other considerations paid to a lessee at any time other than the time set out in sub-Article 2304 above shall not be counted towards the succession fee

The amount of $300000 (plus HST if applicable) shall be paid to the Company as a consulting fee by the incumbent lessee no later than the day before the day the incumbent lessee becomes a single plate lessee for the purposes of this Collective Agreement

Any lessee who exercises the succession option voluntarily terminates hisher employment with the Company and loses all seniority A driver who wishes to subsequently be rehired by the Company as a driver shall be placed at the bottom of the seniority list The driver will be eligible to become a lessee two (2) years from the date of hisher rehiring

The amount set out in sub-Article 2304 shall be increased annually on the date of the plate and stand rent increases set out in Article 27 of this Collective Agreement The annual increase shall be the same as the average of the percentage increase in the plate rent and the stand rent for that year

In the event of the death of a lessee and provided the lessee is up to date with all payments to the Company and has no outstanding amounts owing to the Company whatsoever the lessees estate shall have up to six (6) months from the date of death to exercise the option of succession

Collective Agreement laquoCompanybullbull Page 30

2310

2311

(a)

(b)

(c)

2312

Leasing agreements must be entered into provided they do not conflict with the terms of this Agreement

Without limiting the generality of 2310 in any way whatsoever a leasing agreement shall contain the following provisions

The lease shall terminate automatically for failure to fuHill any term of the lease including but not limited to failure by the lessee to fulfill any financial obligation or failure by the lessee to obtain replacement insurance in the event of cancellation of insurance

The lessee shall be the principal driver of the taxi vehicle which is attached to the taxi license plate

This Collective Agreement between the parties shall be the entire agreement and there shall be no other fee condition or other obligation except those set out in the Collective Agreement

All leased plates shall remain as such and shall not be converted to rental vehicles for the duration of this Agreement provided there are persons willing to leased said plates

ARTICLE 24 GRIEVANCE PROCEDURE

2401 A grievance shall include any issue regarding the interpretation administration application or alleged violation of this agreement It is the mutual desire of the parties that complaints of the drivers be adjusted as quickly as possible To that end the parties have adopted the following grievance procedure

STEP 1 A driver may bring his complaint to the Supervisor of the Members of the Owners Group If the driver does bring his complaint to the Supervisor he must do so within twenty (20) days of the incident or of he having knowledge of this incident giving rise to the complaint Where the complaint is brought forward it must be given to the Supervisor and the Supervisor shall reply within two (2) working days

STEP 2 Failing settlement of the complaint at Step 1 or where the driver has chosen not to avail himself of Step 1 the driver must file the grievance in writing within twenty (20) days of the incident or omiddotf he having knowledge of this incident giving rise to the grievance The grievance must be referred to the Member of the Owners Group claimed to be responsible andor any other person designated by the Member of the Owners Group Grievances shall be dealt with at the Step 2 meeting which shall be scheduled on the 3rd Wednesday of every month This monthly Step 2

Collective Agreement ccCompanyraquo Page 31

meeting shall be one meeting held at the Companys office Where the grievance involves the discharge of a driver the parties agree to meet within ten (1 0) working days of the filing of the grievance A representative of the Union shall be present at all step 2 meetings The Member of the Owners Group must respond within three (3) working days of the meeting

2402 Should a group grievance or a Union or policy grievance develop it shall be filed at Step 2 within twenty-five (25) days of the incident giving rise to the grievance or of the drivers or Union having knowledge of this incident

2403 Failing settlement under the above the matter in dispute may be taken to arbitration in accordance with article 26

2404 Drivers employed by single plate owners and single plate lessees may not grieve matters or disputes arising between the driver and the single plate owner or single plate lessee A committee shall be set up and made up of equal numbers of Uniondriver and Company personnel to assist in resolving disputes between the drivers and single plate owner and single plate lessee The committee shall have the power to determine a procedure to be followed as well as to determine fault and penalties

ARTICLE 25 ARBIrRATION

2501 After exhausting the provisions of the grievance procedure either of the parties may submit a grievance to arbitration either expedited or formal in writing within thirty (30) days of the Step 2 reply or if there is no reply within thirty (30) days after the expiration of the time limits to provide a reply

2502 Unless otherwise mutually agreed by the parties all grievances referred to arbitration not relating to an indefinite suspension a discharge or any separation of employment or to the interpretation of the collective agreement group grievances and policy grievances shall be referred to the expedited process

Grievances referred to arbitration in respect of indefinite suspensions discharge or separation of employment for any reason or to the interpretation of the collective agreement and group grievances may only be referred to this expedited process by the mutual agreement of the parties

2503 Within fourteen (14) days after notice has been given that the grievance will proceed to formal arbitration the parties shall meet and agree on a single arbitrator If the parties cannot agree on an arbitrator within this time limit either party may request the Minister of Labour to appoint an

Collective Agreement laquoCompanyraquo Page32

arbitrator and this appointment shall be binding on both parties In respect of the cost of arbitration of formal grievances the parties shall share equally the fee and expenses of the sole arbitrator

2504 The formal arbitrator shall have the right to exercise all the powers provided by the Labour Relations Act as amended from time to time

2505 The Arbitrator must hand down a written decision within sixty (60) days of the date of the hearing

2506 As an alternative to the formal arbitration process set out in the foregoing paragraphs a grievance may be referred to a previously agreed-upon person who shall hear the grievance and who shall at the conclusion of the hearing give a decision immediately Such decisions may not be used to alter modify or amend any part of the collective agreement and are made without precedent or prejudice to similar or like cases Such a decision shall be final and binding upon both parties and no further action may be taken on that grievance by any means whatsoever

2507 To maintain the efficiency of this expedited process the parties shall schedule a minimum of one (1) day of arbitration every three- (3) months except in those circumstances where either party deems it necessary to schedule the arbitrator more frequently

2508 The parties shall share equally the fee and expenses of the persons selected to hear the expedited arbitration cases

2509 At all expedited arbitration hearings the Company or Member of the Owners Group shall be represented by a member of their management and the Union shall be represented by a Union staff representative or an officersteward of the Local Union

2510 The Union shall forward to the representative of the Member of the Owners Group a list of the expedited grievances to be heard on the day or days scheduled for the hearing of grievances according to the expedited arbitration procedure The aforementioned list shall be forwarded to the representative of the Member of the Owners Group no later than ten (10) working days in advance of the hearing unless otherwise mutually agreed

2511 By exception a party may call one (1) witness at an expedited arbitration

2512 Prior to proceeding to formal or expedited arbitration and at least thirty (30) days prior to the date of arbitration the parties may upon mutually agreement request that any grievance be referred to a mediator to act as a grievance mediation officer for the purpose of attempting to

Collective Agreement laquoCompanyraquo Page33

mediate a settlement of the grievance The parties shall share equally the fee and expenses of this officer

ARTICLE 26 TAXI PACKAGE

2601 The employer shall provide to the rental driver at no extra cost motor vehicle insurance with a collision provision deductible not exceeding $50000 for each accident at fault

The Owners Group shall also provide to the rental driver at no extra cost comprehensive coverage with zero (0) deductible including but not limited to fire and theft It is agreed and understood that comprehensive coverage does not cover driver added equipment

2602 Each rental driver shall be supplied for a daily twelve (12) or twenty-four (24) hour period at no extra cost a roadworthy safe sedan four (4) door taxicab with proper weather resistant tires for all seasons and with a seating capacity for not less than four (4) passengers containing

2701

2702

2703

1 A roof sign 2 A sealed taxi meter 3 A two-way radio 4 A full size spare tire subject to space limitations 5 A tire tool 6 A jack 7 A mike clip 8 A full tank of gas at start date 9 Air conditioning on replacement vehicle where possible 10 An electric rear window defroster or blower

Any equipment owned by the Owners Group that becomes inoperative shall be repaired as soon as possible

ARTICLE 27 RENTAL CHARGES AND TERMS OF AGREEMENT

This agreement shall take effect upon ratification and be binding on both parties for three (3) years and shall continue for annual periods of one year each unless either party gives at least one hundred and twenty (120) days notice that it wishes to amend this agreement

It is agreed and understood that this agreement will remain in full force and effect until amended by negotiations

Rates shall be as follows

Collective Agreement laquoCompanyn Page 34

712011 712012 712013

Stand Rent (monthly) $43900 $45000 $45900

Plate Rent (monthly) $71926 $75000 $75960

Daily Car Rental 24 hr Regular Plated $9700 $9700 $9700

24 hr Accessible Plated $10500 $10500 $10500 12 hr Regular Plated $6700 $ 6700 $6700

12 hr Accessible Plated middot $8300 $8300 $8300

Credit Card Transaction 50 50 50

Debit Card (per) Transaction $065 $065 $065 (To the Driver)

POS Rental Fee (monthly) $800 $800 $800

POS Insurance (monthly) $300 $300 $300

Note The above rates do not include HST

Note For purposes of car rental rates the weekly rents shall be six (6) times the daily rent

Note It is recommended that drivers use Company supplied POS machines and systems

2704 Employees shall pay all monies owed to the Company in the following manner Monthly By the 5th business day of the month

2705 Any employee failing to pay monies by the above dates and times shall be suspended and not reinstated until the monies are paid in full and credited to their account

2706 Employees shall be entitled to pay their rents to the company by company approved charges cash and cheque - provided the employee has at least one (1) year of seniority

Employee(s) who have one (1) cheque returned NSF shall be suspended immediately upon the company receiving notification from the

Collective Agreement ((Company Page35

bank shall lose such privilege for twelve (12) months and shall be charged the appropriate charges

ARriCLE 28 GENERAL

2801 The Company and drivers shall maintain its internal company charge system and accept major credit cards which currently include Visa Mastercard American Express and Diners Cluben Route as approved by the Company

2802

2803

2804

2805

2806

2807

This system shall continue for the duration of this Agreement so long as external factors outside the Companys control do not prevent the Company from doing so Drivers shall be entitled to cash their charges provided they do not have any outstanding balances at the offices of the Company during the hours of 0830am to 400pm Monday to Friday except holidays The Company shall make available to the employees during normal business office hours receipt cards and credit card slips All credit card charges must be authorized

Drivers shall pay a fee of five (5) of all credit card charges that they redeem

Except as otherwise provided in this agreement all passengers shall be treated in a polite professional courteous and businesslike manner at all times by both the Owners Group and the employees

If requested a properly signed receipt shall be furnished by the owner for all payments made by the driver (If requested said receipt shall show a breakdown of all payments made by the driver and the dates for which they apply) For the purposes of this clause a numbered computer receipt shall be deemed to be signed

The employees who own their own vehicles whether or not they own their own license shall have absolute choice as to where their vehicle is to be repaired andor maintained

No employee either full-time or part-time shall abuse or mistreat any vehicle or equipment (ie roof sign radios meters and aerials)

The Owners Group agrees to work with the Union to lobby the City of Ottawa to allocate stands where necessary and appropriate

The Company agrees to provide the Union with the rules covering the stands controlled by concession agreements

Collective Agreement ccCompanyraquo Page 36

bull

2808 Subject to the provision of adequate insurance coverage all car owners shall be free to place a second driver or a third driver on their vehicles should they require without interference from the Company

2809

2810

2811

2812

2813

2814

In the event the Company refuses an individual employment as a second driver or as a third driver the Company agrees that such refusal may be the subject of a grievance and the onus of proof shall rest with the Company to show just cause for such refusal

The parties agree that no vehicle will have more than three (3) drivers at any one (1) time

The Company shall take reasonable steps to maintain all current concession agreements for the duration of this agreement The Company shall take all reasonable steps to obtain additional concession agreements

The Company shall have a phone line separate from the dispatch office so that drivers business people friends of the office staff may call through middot without having to tie up the dispatchers time The separate phone line may be used by the dispatch office during non-business hours

Time-off without rental fees or loss of seniority will be given to those members of the bargaining unit who are called for jury duty Rental driver(s) must park their rental vehicle(s) at the Companys premises should the jury duty go beyond three (3) days

The Company shall maintain a drivers waiting area As well the Company shall allow the drivers to use the telephone in the office for local calls only pursuant to the current past practice

In the event of an assessment to the CompanyOwners Group by WSIB in relation to the provision of WSIB benefits for the Bargaining unit personnel the CompanyOwners group and the Union agree to renegotiate in good faith the rates set out in Article 2703 Where the parties fail to reach agreement on the issue the matter shall be referred to an arbitrator for full and final settlement

When a customer complaint is received by the dispatcher the latter will advise the customer that an authorized representative of the Company will handle the complaint in an expeditious manner Upon request by the Union the Company shall provide a copy of the computer printout and all other relevant information including but not limited to any taped conversation related to the complaint being investigated The privacy of the customer is paramount and will at all times be respected

Collective Agreement ccCompanybullbull Page 37

2901 (a)

(b)

ARriCLE 29 BEREAVEMENT LEAVE

The Members of the Owners Group agree to grant affected employee(s) the necessary time off of up to four (4) days without fees at the time of death of the following relative(s) of said employee(s) father mother spouse (includes common-law) child brother sister mother andor fathershyin-law

The Members of the Owners Group further agree to grant to affected employees two (2) days without fees at the time of death of the following relatives of the employee sister andor brother-in-law and grandparent

ARTICLE 30 SOCIAL JUSTICE FUND

3001 The Company shall pay to the Union an amount of eight hundred ($80000) dollars per collective agreement year with such amounts being made payable to the CAW Social Justice Fund Inc Said amounts shall be paid by separate cheque by the last day of February in each year of this collective agreement A tax receipt shall be supplied to the Company on receipt of said amount

ARTICLE 31 SAFETY BANQUET

3101 The Company agrees to contribute seven hundred and fifty dollars ($75000) to the Unions annual Safety Banquet in each year of the Collective Agreement

SIGNED THIS DAY OF APRIL 15 2012

FORTH~

~~

Collective Agreement laquoCompanyraquo Page38

Collective Agreement laquoCompanyraquo Page39

SCHEDULE 11 A 11 LIST OF THE OWNERS GROUP

Coventry Connections Inc

Collective Agreement ccCompanyraquo Page40

SCHEDULE nan EXISTING CUSTOMS RIGHTS AND PRIVILEGES

1 There shall be no charge for the receipt cards

2 There shall be no charge for credit card vouchers subject to suppliers (third party) availability and conditions Should the Company pursue a course of action leading to Point of Sale terminals which usage will include Debit transactions Decremental Cards and Credit Cards there would be a charge for paper usage

3 The drivers shall choose their own working hours during their shift

4 Reasonable accommodation shall be given to payment of outstanding debts for accident(s) The following minimum payments are required

A) Up to $1 00000 - $ 1 000 per day

B) Over $100000- $2000 per day

Agreed to on the understanding that this does not apply to spare cars

Collective Agreement laquoCompanyraquo Page 41

SCHEDULE C RULES AND REGULATIONS

1 The following articles of clothing are not acceptable forms of attire at OJS

(a) Sweat pants and shorts except for dress shorts Dress shorts will be allowed from April to Labour Day Drivers caught wearing inappropriate shorts will be given one (1) warning and any future occurrence with regards to inappropriate shorts will cause them to lose the right to wear dress shorts for the duration of that season Shorts can be no shorter than three (3) inches above the knees

(b) T-shirts (except Union decaled T-shirt) without lapels tank tops and muscle s1middot1irts

NB Clothing andor other attire with obscenities profanities or sexually degrading remarks are not acceptable Hair must be clean and neat Faces must be clean-shaven or beards neatly trimmed Clothing must be tear and rip free with no visible patches and is to be cleaned and ironed as required Socks must be worn at all times with all types of footwear except for sandals

2 Drivers must be courteous and pleasant at all times and must conduct themselves in a professional business-like manner

3 There is to be no abusive foul language or gestures directed at customers or the general public

4 Consumption of alcohol or drugs will not be tolerated prior to the commencement of a shift andor while driving

5 There wiil be no arguing and fighting among drivers or other DJs personnel under any circumstances

6 No playing of cards or any other games of chance is allowed at any time when working This includes any form of gambling or betting on the air

7 Profanity or abusive language on the air or in your vehicle is prohibited at all times

8 Use of cell phone during the conveyance of a customer(s) is prohibited

9 Each taxicab and driver shall carry at all times a current street guide Drivers are to make proper use of this guide to avoid unnecessary air time

Collective Agreement ccCompanyraquo Page42

10 Deliveries are to be taken directly to the destination Running other fares while occupied on deliveries will not be permitted unless approved by the dispatcher

11 No messages between drivers are permitted Drivers will receive messages to call home spouse office union office partner or garage

In addition When an authorized Union rep asks the dispatcher to have a member of the bargaining unit call them for union business only this will be allowed and if necessary a phone number will be given

12 Picking up a fare while on the way to an accepted dispatch call will not be permitted

13 Drivers must allow 5 minutes wait at the customers pick-up address

14 Drivers shall take reasonable steps to ensure that they pickup only those fares that they are dispatched to Drivers must check with dispatcher for authorization before taking another fare from same address

15 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical breakdown emergency or any other reason(s) not herein listed the dispatcher shall reshydispatch the fare and suspend the driver for one (1) hour

16 Interference or jamming of the radio is a Federal offence and will not be tolerated

17 When necessary drivers must assist customers with handling of baggage and opening and closing of doors

18 No complaining to customers about short fares or time calls A list of regular short fares will be established and such fares shall be dispatched as Locals

19 At customers request music radio and other sound systems except for the twoshyway radio must be turned off

20 Driver must issue a receipt card upon request by customer Drivers signature must be clearly marked in the appropriate place on the receipt card There is no charge for the issuance of a receipt card

21 No new driver is to commence work until he has been briefed by OJS staff in the operating of our charge account system

22 Some of the guidelines in the operation of our charge account system are as follows

Collective Agreement laquoCompanyraquo Page43

(a) All charges are to be signed with car number (eg-DJ70) and date clearly written

(b) If the fare goes to more than one destination these other destinations are to be clearly marked on the reverse side of the chit

(c) Taxi chits to be signed by the customer and dollar value to be clearly marked

(d) Gift certificates which currently have a maximum value of $500 each are to be accepted at face value and change given as required

(e) Drivers must note on back of chit the drop offpick up address if it is different from address shown on face of chit

Drivers are prohibited from buying other drivers charges whether they be DJS drivers or other cab Companys charges Violation of this rule shall result in the following fines

1st offence -2d offence bull 3rd and subsequent offences-

$5000 per chit $10000 per chit $20000 per chit

plus the face value of each chitCredit Card in all cases

The parties agree that the above penalties are specific penalties within the meaning of the Ontario Labour Relations Act An Arbitrator shall not have the power to alter or modify any penalty imposed under this clause

(f) Drivers must accept all major credit cards approved by OJS Taxi

(g) Drivers are responsible for ensuring that all necessary information is clearly marked on charge vouchers as follows

bull Customers name and signature bull Card number (correct number of digits) bull Expiry date bull Drivers signature and car number (eg-DJ70) bull Ensure proper copies of charges are submitted to the Company for

processing bull No hand written major credit card sales drafts will be accepted

23 All cars are to be cleaned inside and out by 1000 am every day with due regard given to road and weather conditions

Collective Agreement Page44

24 All drivers must ensure that they have change for $2000 at all times and will not be removed from the sheet while getting change provided they are not called

25 No taxicab driver shall charge a passenger for

(a) The cost of proceeding to an establishment for change or

(b) Waiting time while a passenger obtains the change provided the bill presented for payment is of $2000 denomination or less

26 No vehicle to be left unattended with keys in the ignition

27 No person(s) unless authorized by the Company shall accompany the driver in the vehicle while heshe is occupied with a paying fare

28 Taxis must not be left unattended on a OJS taxi concession stand for more than ten (1 0) minutes

29 Only au~horized drivers with valid licenses can operate a taxi-licensed vehicle

30 Roof sign must be removed from vehicle when not on duty or involved in an accident

31 ALL DRIVERS ARE ADVISED THAT IT IS AGAINST THE LAW AND OJS TAXI COMPANY LIMITED POLICY TO REFUSE DOG GUIDES IN THEIR CABS REFUSAL WILL RESULT IN FINES AND DISCIPLINARY ACTION BY THE COMPANY

1st offence - 1 week suspension 2nd offence - 2 weeks suspension

3rd offence - Dismissal No longer working under the OJS roof sign

Accommodating Persons with Disabilities

The Management of OJS Taxi wishes to advise all its employees drivers and others operating under the OJS Taxi roof sign of the OJS Taxi policy with respect to blind passengers whether or not they use dog guides

Under the Blind Persons Rights Act of Ontario no person may either deny any person services customarily available to the public or discriminate against any person with respect to services available to the public for the reason that they are a blind person accompanied by a dog guide

Under the Ontario Human Rights Code every person has a right to equal treatment with respect to the supply of services which includes taxi services

Collective Agreement laquoCompanyraquo Page45

bull

without discrimination because of among other things a disability A disability includes any physical impairment such as being blind visually impaired deaf or hard of hearing

Guide Dogs and Taxi Services Many disabled persons are physically dependent on guide animals in their daily activities Canadians who are blind or visually impaired deaf or hard of hearing or who have other types of disabilities such as epilepsy are dependent on guide animals

Accommodation of these individuals necessitates that they be permitted to take their guide animals with them into taxi cabs Refusing to allow them to do so will infringe on their human rights and is against the Blind Persons Rights Act of Ontario and the Ontario Human Rights Code

This notice will simply repeat what should be apparent to you all that if a blind person with or without a dog guide is refused services by any OJS Taxi driver such actions will result in fines to the driver and other disciplinary action including the possibility of suspension by the Management of DJs Taxi Co Ltd

For more information regarding guide animals please review the attached pamphlet and information sheet published by Dog Guides Canada

Any inquiries concerning this policy should be directed to any member of the Management who will if it is required explain the policy to you

32 Drivers are not allowed in the dispatch office

33 All parking tickets will be paid by the rental driver responsible

34 In order to boost with Company owned taxicabs employees must request an obtain instruction from the garage manager or his designee on the proper method of boosting in order to reduce any risk of injury to the driver passenger and damage to the vehicle(s)

In the event of misuse employees at their discretion may be either disciplined in accordance with the principle of progressive discipline or have the option of reimbursing the Company for the cost of damaged parts

35 Any driver operating a taxi while his drivers license or taxi license is under suspension will be disciplined unless the driver can obtain written proof from the Ontario Ministry of Transport andor the appropriate taxi licensing authority that the driver did not receive evidence that hisher license was suspended or cancelled

36 When necessary or requested all elderly andor disabled customers are to be assisted in and out of taxicab at all times

Collective Agreement laquoCompanyraquo Page 46

37 No stealing fares

38 Drivers are not allowed to book no loads and run the fare

39 Drivers cannot refuse dispatched fares subject to article 1304 andor where the driver believes his safety or health is at risk

40 Failure to come to voice after two (2) requests by the Dispatch Supervisor will result in the Driver being suspended in the computer

41 Dispatch staff will not make phone calls for drivers unless it is an emergency situation

42 There shall be no personalization of any fares or trips placed through the Dispatch System of OJS Taxi except for returns east of but not including the Civic Hospital within the same twenty-four (24) hour period Where a return-call has been prearranged through the Dispatch System prior to the initial call being dispatched then the return-call cannot be personalized

43 Drivers will pay monies owed to the company by 400pm on the day that they are due No driver with an outstanding balance will be allowed to book on the sheet until their account is paid in full to the business office This means credited to their account and a receipt issued

44 Dispatchers shall give the line-up every thirty- (30) minutes except for the months of December January and February On implementation of the Computerized Dispatch this clause will be eliminated

45 All deliveries shall be given out as regular calls except where provided in this agreement and all employees shall have the option to refuse to deliver alcohol When a dispatcher requests a driver to call him for information concerning a delivery the dispatcher will first give the delivery address over the radio to ensure the delivery is being dispatched correctly

46 When drivers book out of their cars to attend scheduled complaint meeting appointments they shall be allowed to remain in their spot on the line up queue passed by for fares and treated by the dispatch as if they are no longer on the sheet

When the affected driver returns to his car and books back in he shall be returned to his position in the line up queue and given his next rightful fare

The maximum time a driver shall be allowed to book out for a complaint meeting is one half-hour

Collective Agreement laquoCompanyraquo Page 47

This rule shall only apply if the affected driver does not incur any discipline as a result of the complaint meeting

47 All cabs at DJS Taxi must have a mike clip and the clip must be used Drivers must pick up their mike when communicating

48 Drivers using vans as taxicabs must have and make use of (when requested or required) a portable step to assist passengers in and out of their vehicles

49 All taxicabs must be free of any body damage and any damage must be repaired within ninety- (90) days

50 Roof signs must be kept in good working order and condition with Company approved logo clearly visible front and rear

51 In order to ensure equipment is compatible with computer dispatch system all new radio equipment must be approved by the Company prior to installation

Collective Agreement laquoCompanyraquo Page48

SCHEDULE D CREDIT CARD POLICY amp PROCEDURES

DRIVERS MUST ACCEPT ALL COMPANY APPROVED CHARGES CREDIT AND DEBIT CARDS

DRIVERS MUST HAVE A POINT OF SALE UNIT AND A MANUAL PRINTER PER CURRENT BYLAW CITY OF OTTAWA

Due to the increased use of fraudulent Credit Cards by customers in taxicabs the following procedures have been developed to protect drivers from falling victim to Credit card fraud When accepting Credit cards the following rules must be followed

Credit and Debit Cards- the following rules must be followed

AUTHORIZATION OF ALL DEBIT AND CREDIT CARDS

All Credit Card slips must be authorized regardless of amount Verification is generally done after the fare is completed but verification of an estimated or known amount can be done prior to the completion of the trip if

bull The destination is beyond the radio coverage area bull The driver has reason(s) to suspect the validity of the card

INFORMATION REQUIRED FOR ACCEPTANCE OF DEBIT ANDOR CREDIT CARD SLIP FOR PAYMENT The completed Credit Card slip must contain all the following information

(a) Vehicle Number (pre-printed on POS slip if not to be written by hand at the bottom of the slip)

(b) Drivers ID Number and Initials (c) Amount of fare and gratuity (if applicable) (d) Authorization number (Pre-printed on POS slip) (e) Date of the fare (Pre-printed on POS slip) (f) The Debit or Credit Card must be swiped at all times (in the event that the

receipt does not print imprinting Credit Card only on manual imprinter is acceptable with customers signature but the imprint of the card number has to be clear) In the case of a swiped transaction part of the card number will display per Credit and Debit Card industry rules

(g) Customers signature clearly written (Credit Card only) marked TRANSACTION COPY We will accept the CUSTOMER COPY as long as it has the customers signature Debit POS slips are to be submitted marked TRANSACTION COPY NO SIGNATURE IS REQUIRED

Collective Agreement laquoCompanyraquo Page49

DISPUTES BY A CUSTOMER

Should a debit or credit card slip be disputed by the customer their bank or other financial institution the company will investigate If such investigation proves fraud or error by the driver the driver will be charged back for the full amount of the charge

If the disputed transaction was processed on a non-company unit a $500 plus HST charge plus the value of the charge will be debited to the drivers account The Company will refund the customer for the value of the charge

Should a customer andor driver report that the charge has been approved more than once the Company will investigate The Company does not allow any refunds in the taxicab Drivers can void a transaction but this must be done before Batch Closing the transaction A Void can only be done in the presence of the customer as the card (debit or credit) must be present The driver can then re-swipe the card for the correct amount The Company publishes a toll free number for customers or drivers to call with any concerns about a transaction If a customer has been charged more than once for the incorrect amount the following procedures apply

Credit Card

The Company will verify that the customer was charged multiple times or has been over-charged and issue a refund as necessary The Company will send a copy to the customer upon request All refunds are processed on a Point of Sale unit or Virtual Merchant (on-line) The Company may contact the driver to determine the validity of the customers details

Debit Card

The Company will verify that the customer was charged multiple times or has been overcharged and issue a cheque refund as necessary The Company keeps a copy of the cheque issued

GENERAL INFORMATIONGUIDELINES

1 If the driver has overcharged the customer and has been paid the incorrect amount the Company will adjust the drivers account and provide a receipt The Company maintains a log in the even there is a dispute by the driver or the customer If the driver reports the overcharge that is logged on a Customer Incident Form which has a Control Number

2 Hand written Credit Cards will not be accepted All Credit Cards must be passed through a manual imprinter which clearly shows the full credit card number If the credit card number is not clear and cannot be authorized

Collective Agreement laquoCompany Page 50

the driver will face debitchargeback of the amount as it cannot be authorized

3 The only Credit Cards accepted by Taxitab a division of Coventry Connections Inc are

i Visa ii Mastercard iii American Express

Note Visa Mastercard and American Express all issue prepaid credit cards these are all accepted

4 Taxitab a Division of Coventry Connections accepts Debit Cards for Canadian Financial Institutions Debit Cards for foreign banks may not

work on the unit Visa Mastercard have commenced issuing Debit Cards these are all accepted These cards are clearly marked on the face of the card with the Visa and Mastercard logos

5 The following items are to be checkedverified by the driver upon presentation of a Credit Car (a to d) Debit Card (d only)

CHECK LIST

(a) Expiry Date Ensure the card is valid Check to be sure that the Card is not being used beyond the expiry date printed on the card If the card is expired refuse to accept it

(b) Altered Cards Check to see if the card has been noticeably altered in any way If it has been refuse to accept it

(c) Card holders name and signature Check that the signature on the Credit Card slip is the same name printed on the card At the same time check that the signature is the same as the signature on the rear of the card If there is no signature on the rear of the card ask the customer to sign it as you are required to check this

If in doubt ask to see some other form of identification (preferably one with a picture and signature) that ensures that the person using the card is who they say they are

(d) Amount of fare and gratuity (if applicable) The amount of the Debit or Credit card slip must be equal to the amount of the fare and the gratuity (where applicable) Each amount should be entered in their respective places and only by the customer unless otherwise directed In the case of a Debit Card customer must always enter their PIN number to

Collective Agreement ltbullCompany Page 51

authorize the card Drivers must remind customer that the TIP field comes first followed by the PIN number

(e) $150 Surcharge

Debit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated by the City of Ottawa By-Law The $150 charge is prompted by the point of sale unit automatically The Driver receives 65cent of the $150 for every transaction

Credit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated in the City of Ottawa By-Law The $150 charge is NOT prompted by the point of sale unit automatically The driver adds the $150 to the metered amount and enters this total in the base amount field

6 CAUTIONS

7

(a)

(b)

(c)

Bank Card only have the Bank name on the card

Credit Cards are identified by the VISA MASTERCARD AMERICAN EXPRESS OR DINERS CLUB-ENROUTE symbols Only Cards with these symbols will be accepted

Credit Cards will have a holographic image on the face of the card

CASH ADVANCES

The use of Credit Cards for cash advances in the taxicab is not permitted Credit Cards must only be used in the taxicab for paying for an actual fare Anyone using a Credit Card in a taxicab to obtain cash advance is most likely using a stolen or fraudulent card

8 OUT OF TOWN FARES

For the drivers protection it is suggested that for fares going out of town and the customer wishes to pay by Credit Card it is recommended that the driver authorize the fare at the beginning of the trip (dispatcher can give an estimated amount) If there is a difference process the difference at the end of the trip There is a pre-authorization feature available for Credit Card only on the Point of Sale unit The Company can activate this on driver request but the driver must be

Collective Agreement ccCompany)) Page 52

bull

9

given correct training for this There are several steps involved with pre-authorization that must be followed before batch closing

BATCH CLOSING

Drivers must close transaction in the terminals at the end of their shift Credit Card authorizations only remain in the terminal for five (5) days after that the processor closes them automatically Drivers must batch close all credit cards no later than four (4) days in order for the items to appear on the batch close report

Batch Close reports will print separately for Debit and Credit Cards and list the details of the transactions in the terminals showing the card type and the last four (4) digits of the card involved This Batch close cannot be reprinted drivers must hold on to them Attach the slips to the Batch Close and bring to the cashier The cashier will verify the attached slips are on the batch close and proceed to pay or credit the driver assuming all slips are authorized and complete (as discussed above under (1) Authorization Procedures)

The following circumstances regarding Batch Closes will apply

(i) Batch Close with All Debit and Signed Credit Card slips- Driver will be paid or credited at time of presentation at a cashiering station

(ii) Batch Close- No Debit Slips if the batch close shows a Debit Slip and the driver has misplaced or lost the slip the Driver will be paid or credited at the time of presentation at a cashiering station

(iii) Batch Close No Credit Card Slip- No Slip No Payment at time of cashiering (driver is to go to Driver Admin in this instance) If the driver has a signed manual slip and the last 4 numbers of the card match those on the batch close the slip will be accepted by the cashier

NO BATCH CLOSE REPORT -If a Driver has lost or misplaced Batch Close report the Driver is to go straight to Driver Admin (not cashiering) The Driver is to bring the receipts (if there is a credit card slip with no signature there is a separate procedure for this below) he has for which he has not batch close Driver Admin will initiate a Batch Close Incident Report which has a Control Number for future reference The Procedure is as follows

(i) Driver Admin to Photocopy all Slips and write the Control from the Batch Close Incident Form on the photocopy and date the sheet The

Collective Agreement ccCompanyraquo Page 53

bull

bull

Driver is to keep this in the event of a dispute or apparent nonshypayment in account

(ii) Driver Admin will complete the top copy of the report attach a copy of the slips The Driver will complete the bottom part of the report and sign it

(iii) Management will need 72 hours (three business days) from the date of Incident Report to investigate the transaction has been settled in the POS unit

(iv) Providing Management confirms the transaction is complete the slips will be credited to the Drivers account and a receipt will be printed A copy of the receipt is attached to the Batch Close Incident Report The Control from the Form is entered when the the amount is credited for reference A receipt can be printed at that time by cashier

(v) In the event that a driver does not have a Batch Close and presents a credit card slip with no signature the following will apply

(vi) If the Driver experiences a problem with the Batch Close or operation of the unit the Driver is to bring the unit to the office during normal hours Management will investigate the issue and call Driver to reshyissue the unit completing paperwork for the replacement unit which the driver will sign

Any driver attempting to defraud a customer by processing a debit or credit slip more than once will be terminated

Collective Agreement laquoCompany)) Page 54

bull

bull

SCHEDULE E STOLEN FARE POLICY

Whenever the Dispatch Supervisor receives a complaint that a fare either dispatched to the complainant or from within the same block of taxi standconcession on which the complainant is parked has been stolen and the identification of the accused is made known the Supervisor shall

(a) Bring the accused to voice and notify himher of the allegations

(b) Inform the complainant that a deposit of forty dollars ($4000) must accompany his accusation and to be deposited within one (1) hour of the complaint Where applicable inform the complainant that the accused wishes to challenge the allegations and the date and time of the hearing shall be known to both parties

(c) A failure of either party to attend the hearing will result in an additional fine of forty dollars ($4000) to be paid within sixty (60) minutes of the conclusion of the hearing or a suspension ob the absent party until payment is received

(d) Inform the accused of the available options

(i) Arrange for repayment of the fare in its entirety to a minimum of forty dollars ($4000) to the complainant a Union representative or the Company on behalf of the complainant within sixty (60) minutes or

(ii) If the allegation is being denied and the accused wishes to refute it forty dollars ($4000) must be deposited at the dispatch office within sixty (60) minutes with a notification to the Dispatch Supervisor that the allegation is being challenged

Where the accused fails to respond to two (2) voice messages or refuses to comply with (c) the accused shall have dispatch services suspended until in compliance or the Company receives instructions from a Union Representative to do otherwise

The penalty for a wrongful accusation is the payment of forty dollars ($4000) to the accused by the accuser in addition to the return of the accuseds deposited payment

It is understood and agreed that the action(s) of the Dispatch Supervisor(s) in the compliance of this Policy is not to be construed as a determination of who is the guilty party In all disputes regarding stolen fares the Committee shall make the final determination with respect to guilt

Collective Agreement laquoCompany Page 55

bull

bull

Note Such fare(s) will not be considered as Stolen Fare(s) if picked up by driver(s) arriving on the Concession(s)Taxi Stand(s) prior the driver(s) who accepted the dispatched fare(s)

Collective Agreement ((Company Page 56

bull bull

APPENDIX 1

PLATE CAR LESSEE IND START LESSEE START

1 1027 5027 ADAM GRANT 1 91111986 111987

2 1015 5015 TIMS VAUGHN 411995 411995

3 1043 5043 MARTON FERENC G 10251995 10251995

4 1050 5050 DUBOIS JOHN 12111994 311996

5 1048 5048 SUNIL JOSHI 1111994 711996

6 1030 5030 SLIM MOHAMED 711996 7111996

7 1041 5041 JAMALEDDINE ZAHER 911996 911996

8 1040 5040 MAHEUX FRANK 11151996 181997

9 1109 1 5109 ASTLEY JAMES 1011994 1131997

10 1045 5045 MELHEM SAMIR 1211996 9211997

11 1028 5028 LABINE ANTHONY 10151980 11281997

12 1054 5054 ELmiddotNEMER NEMER 11131997 21271998

13 1113 5113 WEAGANT BROCK C 82211988 3131998

i

14 1039 5039 SOBH HAC HEM 11171997 5111998

15 1044 1 5044 MOUFARREJ RAYMOND 10241996 1161998

16 1042 5042 MCCONVILLE BILL 311992 11111998

17 1107 5107 GIANNAKOS LOUIS I 9111997 491999

18 1026 5026 VERMA LALIT 51261996 5311999

19 1033 5033 MITCHELL BRUCE 111987 9301999

i

20 1108 5108 PAPPAS CHRISTINE 121111991 1041999

rmiddot 1014 5014 NYTRA BEDRICH 961996 3302000

22 1000 5000 ABOUmiddotARRAG SAM I 611997 7132000

23 1038 5038 MUNROE JOHN 1111977 492001

24 1022 5022 RADULESCU GELU 611999 5232002

25 1139 5139 HASSOUN I MOUFID 71211999 8152002

26 1006 5006 SADER I GHASSAN 6211999 292004

27 1029 5029 CLAYTON GREG 911980 21132004

Collective Agreement ccCompany Page 57

bull

28 1034 5034 IBRAHIM 12301995 4302004

29 1037 5037 ABDALLA HASSAN I 3312000 2202006

30 1010 5010 HASSOUN AD NAN 8272001 312006

31 1031 MASSOUD 1241998 312006

32 1 1o35 5035 JANCO 911992 362006

1 33 1036 5036 SINGH BALWANT 92211999 3172006

Collective Agreement ltltCompanyraquo Page 58

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 23: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

4) Letter from previous or present insurer (where possible)

5) Work permit if applicable

6) Proof of Union membership

7) Social Insurance Numbercard or verification from appropriate federal government department of such number

8) A clear Police Criminal Record check no older than twenty-eight (28) days

9) Training as set forth in 1309

The above requirements do not apply to a driver who changes status or moves between Members of the Owners Group or Single Plate Owner or Single Plate Lessee provided the driver does not go more than thirty (30) calendar days without being registered on a taxicab except by reason of a proven medical illness Requirement 9 above does not apply to a driver who had previously driven under the DJs Taxi roof sign within the previous twelve (12) months Nevertheless each driver is required to register such changes with the Company To facilitate the drivers ability to register such changes the Company office shall be open from 830 am to 200pm daily except Saturday Sunday and Statutory Holidays

1503 The Owners Group shall recall laid off employees in the reverse order of lay-off

1504 A driver injured or ill should notify the Company and the Union within two (2) weeks of his absence and should arrange to provide a detailed mediqal certificate as evidence of injury or illness and an estimated time of return signed by a doctor in order to preserve his seniority Only an employee returning from an absence of eighteen (18) months or less due to injury or illness shall be returned to his previous vehicle provided that said vehicle is still working as a taxicab if it is not he shall be returned to another vehicle on the same shift he had prior to his injury or illness

A driver replacing another driver who is on sick leave shall be notified of his status by the Owners Group and the Owners Group shall notify the Union of all details

An employee returning within 30 days from an absence due to injury or illness shall be returned to his previous vehicle provided said vehicle is still working as a taxicab and if it is not heshe shall be returned to another vehicle

Collective Agreement laquoCompanyraquo Page 21

1505

(a)

(b)

(c)

(d)

An employee returning to work after thirty (30) days but less than eighteen (18) months from the commencement of hisher injury or illness shall be returned to work displacing the most junior driver driving with the individual member of the Owners Group

Clarity Note (i) A twelve (12) hour driver returning from illnessinjury shall be returned to a twelve (12) hour shift car by replacing the most junior driver driving Should the most junior driver be driving a twenty-four (24) hour car heshe would then be offered the shift remaining after the returning driver has chosen

Clarity Note (ii) A twenty four (24) hour driver returning from illnessinjury would replace the most junior driver and assume hisher shift

Clarity Note (iii) Returning employees shall be given the first available car corresponding to their previous shift

An employee shall lose seniority and as such will cease to be an employee upon

Voluntarily quitting or resigning

Being discharged for just cause and not having been reinstated through the grievance or arbitration procedure

Failing to rent an available vehicle when duly notified of same while on layshyoff except or for certified medical reasons

Being laid off being without a valid work permit or being without a valid Provincial drivers license or appropriate Municipal taxi drivers license for a length of time equal to that employees seniority or twelve (12) months whichever is less

ARTICLE 16 COMMITIEES

1601 A UnionManagement committee shall be appointed consisting of up to three (3) representatives from the Union and up to three (3) representatives from the Company This committee shall meet every six (6) months for the purpose of discussing matters of mutual concern

1602 A safety committee consisting of at least two (2) representatives of the Union and two (2) representatives of the Owners Group shall meet at a mutually agreeable time frame upon the request of either party within thirty (30) days for the purpose of discussing matters of mutual concern Minutes will be kept of each meeting

Collective Agreement laquoCompany Page22

1603 A rules committee consisting of up to three (3) representatives of the union and of up to three (3) representatives of the owners group shall meet at a mutually agreeable time frame upon the request of either party within thirty (30) days for the purpose of negotiating changes to existing rules and for discussing any new rules prior to their implementation

1604 To address advertising the parties agree to establish an Advertising Committee of equal representation to meet at mutually agreeable times upon request of either party within fifteen (15) days of notice being given by either side The Committee shall be responsible for a budget of $2625000 over the term of this collective agreement which sum shall be spent to advertise and promote the DJs business

The parties must agree when and how the advertising will be allocated However the parties agree that advertising would include

bull Flyers bull Newspaper Ads bull Promotional Items (eg fridge magnets) bull Radio

ARTICLE 17 SAFETY AND HEALTH

1701 It is understood and agreed that driver safety is important to the individual employee and to the industry as a whole The Owners Group and employees agree to exercise their rights and to fulfil their obligations in accordance with this understanding The Owners Group will continue to encourage and welcome safety recommendations for the safety and health of drivers during their working hours

1702 The employer shall supply only safe and roadworthy vehicles and the equipment contained therein and the vehicles themselves shall be maintained in good working order Each rental vehicle shall meet the mechanical fitness standards as defined in Provincial legislation

1703 The Company agrees to pay the premiums to an insurer chosen by the Company to provide term life insurance coverage in the amount of ten thousand dollars ($1000000) for all employees provided that the affected employee has a minimum of one (1) year seniority under the DJs Taxi roof sign and is actively working on the day he attains this one ( 1) year seniority

All claims and payments shall be in accordance with the terms of the master policy of the insurer and the Company shall not be liable for any

Collective Agreement laquoCompanyraquo Page 23 middot

bull

non payment by the Insurer This insurance coverage will not be provided to any driver who is 65 years or older at any time during this agreement

The Company shall aid in collecting monies by allowing a cash donation box to be set up at their office for driver(s) involved in serious accidents The Company shall not be responsible for said box

1704 The Company shall supply a safety shield for the company owned rental vehicle when requested by that driver

All rental drivers who request a shield must continue to operate on a vehicle that is equipped with a safety shield so long as said driver is operating under the DJs roof sign provided one (1) is available Company rental drivers working with a shield shall have the option of refusing to operate any spare rental vehicle not equipped with a safety shield However once a driver accepts a spare rental vehicle not equipped with a shield he will be deemed to have given up his right to exercise this option on the same shift

ARTICLE 18 WORK WEEK

1801 The Owners Group agrees that the employees shall determine their work week subject to the provisions of this agreement

1802 The Owners Group agrees that the work week shall be based on seven (7) days

1803 Rental drivers shall pay their weekly rental over six (6) days and have the use of the vehicle for seven (7) days

1804 Stand rents for car owners shall be calculated weekly paid monthly or weekly at the discretion of the employee but limited to one change in the payment structure per calendar year Any reduction is to be calculated on a weekly basis and there shall be no reduction given for anything less than seven (7) consecutive days off except where provided in this agreement

1805 Shifts shall be mutually agreed upon by the partners on the vehicle and in case of dispute shifts shall commence at 400am and 400pm The change-over location shall be mutually agreed to by the partners on the vehicle and in case of dispute change over shall be at the Companys office

ARTICLE 19 STATUTORY HOLIDAYS

Collective Agreement laquoCompanyraquo Page 24

1901 (a)

(b)

All rental drivers (12 amp 24 hours) of the Owners Group shall be entitled to the following days off provided that they have worked more than three (3) consecutive months under the Companys roof sign

All single plate owners (SPO) and single plate lessees (SPL) shall be entitled to the following days off provided that they have completed three (3) months of service under the Companys roof sign and they shall not be charged plate rent or stand rent for said statutory holidays

Employees meeting the criteria outlined in (a) and (b) above shall be given credit for said days whether they choose to work or not Credits for statutory holidays shall be given at the time that payment is made for the period covering the day of the holiday

New Years Day Family Day Good Friday

Victoria Day Canada Day Labour Day

ARTICLE 20 TIME OFF

Thanksgiving Day Christmas Day Boxing Day

2001 All rental drivers (12 amp 24 hours) shall be entitled to four (4) weeks annual time-off

All single plate lessees (SPL) shall be entitled to five (5) weeks annual time-off for which they shall not be charged stand rent for time-off taken During said time-off heshe shall not be charged plate rent for the first four (4) weeks

All single plate owners (SPO) shall be entitled to seven (7) weeks annual time-off During this period they shall not be charged stand rent

SPOs and SPLs outlined above will be granted their requested time-off entitlement provided they have no balance owing and provided that a minimum of one (1) week written notice is given to the individual Member of the Owners Group (MOG) and the Company and provided further that said drivers have a minimum of one (1) completed year of uninterrupted service under the Companys roof sign

In cases of accidents and major breakdowns involving SPO and SPL no notice period will be required for time-off and credits for such time-off will be based on daily increments

Where a SPOor a SPL has used all hisher allotted time off and said SPO or SPL has an accident or major breakdown heshe will be given up to a maximum of ten (1 0) additional days of time off and during said time

Collective Agreement laquoCompanygtbull Page 25

heshe shall not be charged any stand rent subject to proof of inoperability of the vehicle being provided

In the case of SPOs and SPLs extended time-off will be allowed for overseas trips All rents must be paid in advance to cover the time off for the extension

Explanation Car owners time off is only when the car is off the road If the SPO or SPL puts a driver on the car it is not considered part of this time off

2002 Single plate owners and single plate lessees will be responsible for arranging for time off for their drivers

2003 Time off may be taken weekly or bi-weekly at the employees discretion Provided further where the employee has taken a minimum of one (1) week heshe may take additional days) of less than weekly increments) in conjunction with the one 1) week

2004 Time off must be taken during the calendar year and cannot be accumulated over more than one calendar (1 year

2005 The MOG SPL and SPO agree that roof signs taxi plates and all other items (computer equipment will remain with the Company during the employees time-off and in the case of rental drivers the rental vehicle will be returned to the vehicle owner

ARTICLE 21 INSURANCE

21 01 Every car owner has the right to obtain insurance from the broker or Company of their choice without interference from the Owners Group

2102 The Owners Group shall upon written request from an employee who is presently insured by a member of the Owners Group provide written details of claim settlements and accident records

2103 The Company shall provide at no extra cost motor vehicle insurance coverage with collision provision deductible not exceeding $75000 or the cost of repair whichever is less for each at fault accident

21 04 The Company shall provide at no extra cost comprehensive coverage with zero deductible including but not limited to middotfire and theft It is agreed and understood that comprehensive coverage does not cover driver owned equipment

Collective Agreement Page26

21 05 The Company shall provide accident benefit coverage as set out in the OAP 1 of the Ontario Automobile Insurance Act and shall abide by the guidelines and statutory conditions as set out by the Insurance Company with whom the Company is insured

2106 With respect to Articles 2103 2104 and 2106 above which applies to accessible shift vehicles only) the Companys obligation is to provide insurance coverage only Any determination of whether a driver is entitled to insurance benefits andor whether a claim shall be paid or denied in any given situation shall be the sole and exclusive responsibility of the Insurance Company

2107 A driver who is insured through the Company shall provide the Company with a Motor Vehicle Drivers Abstract one month before the annual renewal of the Companys insurance policy A driver shall provide additional Motor Vehicle Drivers Abstracts as requested by the Insurer

21 08 The Companys insurer may judge a driver to be a high risk and may assess a surcharge accordingly A driver who is found tomiddot be a higher risk will bear the cost of any such surcharge

21 09 A driver insured by the Companys insurer who is involved in an accident shall regardless of whether he or she was at fault notify the dispatcher immediately The driver shall indicate whether the accident should be reported to the police and whether the customer or driver require medical attention Following notification of the dispatcher the driver shall remove the roof sign from the vehicle and record to the best of his or her ability all relevant information The driver shall bring the relevant information to the office within 24 hours of the incident excluding weekends and holidays)

2110 Drivers are responsible for the replacement of all lost or stolen antennae andor roof signs

2111 The Company shall pay the full El payments for all rental drivers In the event of an increase in the premiums during the life of this Collective Agreement drivers shall pay the drivers share of the increase

2112 All drivers who are insured through the Company obtained insurance must sign the Companys insurance agreement prior to commencing work The Company shall provide insurance agreements with no more than a $75000 deductible to be paid after the accident The amount shall be paid at the rate of $1000 per shift until fully paid

Collective Agreement ((Companyraquo Page27

ARTICLE 22 TAXI PLATE SALES

2201 1 Members of the Owners Group shall be able to sell plate(s) in the following manner

2202

(a) A notice of its intent to sell plate(s) shall be posted and announced over the dispatch system for a period of three (3) days and shall be offered to the lessees and rental drivers in the bargaining unit

(b) Where there is more than one interested applicant the plate(s) shall be offered based on seniority and plates sold shall be the plate of the most junior lesseedriver

Where the sale will result in the layoff of a driver that driver shall be recalled prior to any new hires by all Members of the Owners Group

2 Where there are no applicants the Member of the Owners Group will sell the last leased plate at their discretion Any driver laid off shall be recalled prior to any new hires by all members of the Owners Group

3 Sale of More Than One Plate at One Time

4

5

The Owners Group has the right to sell to whomever they choose provided that no one is displaced

In the event that the most junior lessee is displaced as a result of the sale of the plate the Company agrees to pay to the displaced lessee no more than fifty-five thousand dollars ($5500000) in the first year of this Agreement and according to the succession plan as outlined in article 23 for the following years of this Agreement This would apply only if the said lessee has complied with the succession plan as per article 23

An individual Member of the Owners Group shall not require any of his drivers to give up their rights under this Agreement and work under another roof sign without the drivers written consent given before a Notary Public for Ontario The Union shall be supplied with copies of the consents

In the case where a Member of the Owners Group is leasing a taxi plate and the Member of the Owners Group has a car under this plate and this vehicle is then rented out on a 12 or 24 hour rental this article then does not apply The Owners Group cannot be held responsible for any damage or compensation that may arise from the actions taken by the 3rd party

Collective Agreement laquoCompanyraquo Page28

2301

2302

2303

1

2

3

4

ARTICLE 23 SUCCESSION AND TAXI PLATE LEASES

Definition

The process by which the lessee of a Company-owned taxi license plate having determined that heshe wishes to retire andor otherwise terminate hisher relationship with the Company and having officially notified in writing both the Union and the Company of hisher intention to do so offers the opportunity to hisher driver to be the lessees successor all in accordance with the conditions sot out in this Article

In order to be eligible to offer a lease for succession the lessee must have been a party to a valid taxi plate Leasing Agreement with the Company for a minimum of one (1) year and have two (2) years of continuous uninterrupted service operating a taxi vehicle under the Companys roof sign The lessee must also be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

In order to qualify as a successor the driver must be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

An offer for succession shall follow the following order

No offer for succession can be made until the day after the final version of the seniority list as outlined in Appendix 2 has been agreed upon and signed-off by the Parties

The lessee must notify the Company and the Union in writing of hisher intention to exercise the option of succession and the projected date of the succession

The taxi plate lease shall be offered to the lessees current driver (if any) who shall have thirty (30) days to reject or accept the succession

If the offer is rejected or thirty (30) days have passed since the offer was made the taxi plate lease shall be offered to the drivers who are not single plate lessees (SPL) or a single plate owner (SPO) on the seniority list who shall have thirty (30) days to reject or accept the succession

Collective Agreement ltltCompanygtgt Page29

5

6

2304

2305

2306

2307

2308

2309

The most senior driver on the seniority list (who is not a single plate lessee-SPL or single plate owner-S PO) who accepts the succession shall be the successful incumbent lessee

In the event that no driver accepts the succession the lessee may ask that his request for succession be held in abeyance until such time as an incumbent lessee is found or may retire andor otherwise terminate hisher relationship with the Company at the time of hisher choosing In the event that the lessee retires andor terminates hisher employment relationship the taxi plate shall be returned to the Company and assigned to the next senior eligible driver as per the Companys past practice

The succession shall be valued at no more and no less than fifty-five thousand dollars ($5500000) except as modified as per sub-Article 2308 The driver (incumbent lessee) shall pay to the lessee the full value of the succession fee within sixty (60) days of the date of acceptance of the offer Once the driver has paid the succession fee the driver becomes a single plate lessee for the purposes of this Collective Agreement and will assume all rights duties responsibilities and obligations of a single plate lessee as set out in this Collective Agreement

The Parties agree that any monies or other considerations paid to a lessee at any time other than the time set out in sub-Article 2304 above shall not be counted towards the succession fee

The amount of $300000 (plus HST if applicable) shall be paid to the Company as a consulting fee by the incumbent lessee no later than the day before the day the incumbent lessee becomes a single plate lessee for the purposes of this Collective Agreement

Any lessee who exercises the succession option voluntarily terminates hisher employment with the Company and loses all seniority A driver who wishes to subsequently be rehired by the Company as a driver shall be placed at the bottom of the seniority list The driver will be eligible to become a lessee two (2) years from the date of hisher rehiring

The amount set out in sub-Article 2304 shall be increased annually on the date of the plate and stand rent increases set out in Article 27 of this Collective Agreement The annual increase shall be the same as the average of the percentage increase in the plate rent and the stand rent for that year

In the event of the death of a lessee and provided the lessee is up to date with all payments to the Company and has no outstanding amounts owing to the Company whatsoever the lessees estate shall have up to six (6) months from the date of death to exercise the option of succession

Collective Agreement laquoCompanybullbull Page 30

2310

2311

(a)

(b)

(c)

2312

Leasing agreements must be entered into provided they do not conflict with the terms of this Agreement

Without limiting the generality of 2310 in any way whatsoever a leasing agreement shall contain the following provisions

The lease shall terminate automatically for failure to fuHill any term of the lease including but not limited to failure by the lessee to fulfill any financial obligation or failure by the lessee to obtain replacement insurance in the event of cancellation of insurance

The lessee shall be the principal driver of the taxi vehicle which is attached to the taxi license plate

This Collective Agreement between the parties shall be the entire agreement and there shall be no other fee condition or other obligation except those set out in the Collective Agreement

All leased plates shall remain as such and shall not be converted to rental vehicles for the duration of this Agreement provided there are persons willing to leased said plates

ARTICLE 24 GRIEVANCE PROCEDURE

2401 A grievance shall include any issue regarding the interpretation administration application or alleged violation of this agreement It is the mutual desire of the parties that complaints of the drivers be adjusted as quickly as possible To that end the parties have adopted the following grievance procedure

STEP 1 A driver may bring his complaint to the Supervisor of the Members of the Owners Group If the driver does bring his complaint to the Supervisor he must do so within twenty (20) days of the incident or of he having knowledge of this incident giving rise to the complaint Where the complaint is brought forward it must be given to the Supervisor and the Supervisor shall reply within two (2) working days

STEP 2 Failing settlement of the complaint at Step 1 or where the driver has chosen not to avail himself of Step 1 the driver must file the grievance in writing within twenty (20) days of the incident or omiddotf he having knowledge of this incident giving rise to the grievance The grievance must be referred to the Member of the Owners Group claimed to be responsible andor any other person designated by the Member of the Owners Group Grievances shall be dealt with at the Step 2 meeting which shall be scheduled on the 3rd Wednesday of every month This monthly Step 2

Collective Agreement ccCompanyraquo Page 31

meeting shall be one meeting held at the Companys office Where the grievance involves the discharge of a driver the parties agree to meet within ten (1 0) working days of the filing of the grievance A representative of the Union shall be present at all step 2 meetings The Member of the Owners Group must respond within three (3) working days of the meeting

2402 Should a group grievance or a Union or policy grievance develop it shall be filed at Step 2 within twenty-five (25) days of the incident giving rise to the grievance or of the drivers or Union having knowledge of this incident

2403 Failing settlement under the above the matter in dispute may be taken to arbitration in accordance with article 26

2404 Drivers employed by single plate owners and single plate lessees may not grieve matters or disputes arising between the driver and the single plate owner or single plate lessee A committee shall be set up and made up of equal numbers of Uniondriver and Company personnel to assist in resolving disputes between the drivers and single plate owner and single plate lessee The committee shall have the power to determine a procedure to be followed as well as to determine fault and penalties

ARTICLE 25 ARBIrRATION

2501 After exhausting the provisions of the grievance procedure either of the parties may submit a grievance to arbitration either expedited or formal in writing within thirty (30) days of the Step 2 reply or if there is no reply within thirty (30) days after the expiration of the time limits to provide a reply

2502 Unless otherwise mutually agreed by the parties all grievances referred to arbitration not relating to an indefinite suspension a discharge or any separation of employment or to the interpretation of the collective agreement group grievances and policy grievances shall be referred to the expedited process

Grievances referred to arbitration in respect of indefinite suspensions discharge or separation of employment for any reason or to the interpretation of the collective agreement and group grievances may only be referred to this expedited process by the mutual agreement of the parties

2503 Within fourteen (14) days after notice has been given that the grievance will proceed to formal arbitration the parties shall meet and agree on a single arbitrator If the parties cannot agree on an arbitrator within this time limit either party may request the Minister of Labour to appoint an

Collective Agreement laquoCompanyraquo Page32

arbitrator and this appointment shall be binding on both parties In respect of the cost of arbitration of formal grievances the parties shall share equally the fee and expenses of the sole arbitrator

2504 The formal arbitrator shall have the right to exercise all the powers provided by the Labour Relations Act as amended from time to time

2505 The Arbitrator must hand down a written decision within sixty (60) days of the date of the hearing

2506 As an alternative to the formal arbitration process set out in the foregoing paragraphs a grievance may be referred to a previously agreed-upon person who shall hear the grievance and who shall at the conclusion of the hearing give a decision immediately Such decisions may not be used to alter modify or amend any part of the collective agreement and are made without precedent or prejudice to similar or like cases Such a decision shall be final and binding upon both parties and no further action may be taken on that grievance by any means whatsoever

2507 To maintain the efficiency of this expedited process the parties shall schedule a minimum of one (1) day of arbitration every three- (3) months except in those circumstances where either party deems it necessary to schedule the arbitrator more frequently

2508 The parties shall share equally the fee and expenses of the persons selected to hear the expedited arbitration cases

2509 At all expedited arbitration hearings the Company or Member of the Owners Group shall be represented by a member of their management and the Union shall be represented by a Union staff representative or an officersteward of the Local Union

2510 The Union shall forward to the representative of the Member of the Owners Group a list of the expedited grievances to be heard on the day or days scheduled for the hearing of grievances according to the expedited arbitration procedure The aforementioned list shall be forwarded to the representative of the Member of the Owners Group no later than ten (10) working days in advance of the hearing unless otherwise mutually agreed

2511 By exception a party may call one (1) witness at an expedited arbitration

2512 Prior to proceeding to formal or expedited arbitration and at least thirty (30) days prior to the date of arbitration the parties may upon mutually agreement request that any grievance be referred to a mediator to act as a grievance mediation officer for the purpose of attempting to

Collective Agreement laquoCompanyraquo Page33

mediate a settlement of the grievance The parties shall share equally the fee and expenses of this officer

ARTICLE 26 TAXI PACKAGE

2601 The employer shall provide to the rental driver at no extra cost motor vehicle insurance with a collision provision deductible not exceeding $50000 for each accident at fault

The Owners Group shall also provide to the rental driver at no extra cost comprehensive coverage with zero (0) deductible including but not limited to fire and theft It is agreed and understood that comprehensive coverage does not cover driver added equipment

2602 Each rental driver shall be supplied for a daily twelve (12) or twenty-four (24) hour period at no extra cost a roadworthy safe sedan four (4) door taxicab with proper weather resistant tires for all seasons and with a seating capacity for not less than four (4) passengers containing

2701

2702

2703

1 A roof sign 2 A sealed taxi meter 3 A two-way radio 4 A full size spare tire subject to space limitations 5 A tire tool 6 A jack 7 A mike clip 8 A full tank of gas at start date 9 Air conditioning on replacement vehicle where possible 10 An electric rear window defroster or blower

Any equipment owned by the Owners Group that becomes inoperative shall be repaired as soon as possible

ARTICLE 27 RENTAL CHARGES AND TERMS OF AGREEMENT

This agreement shall take effect upon ratification and be binding on both parties for three (3) years and shall continue for annual periods of one year each unless either party gives at least one hundred and twenty (120) days notice that it wishes to amend this agreement

It is agreed and understood that this agreement will remain in full force and effect until amended by negotiations

Rates shall be as follows

Collective Agreement laquoCompanyn Page 34

712011 712012 712013

Stand Rent (monthly) $43900 $45000 $45900

Plate Rent (monthly) $71926 $75000 $75960

Daily Car Rental 24 hr Regular Plated $9700 $9700 $9700

24 hr Accessible Plated $10500 $10500 $10500 12 hr Regular Plated $6700 $ 6700 $6700

12 hr Accessible Plated middot $8300 $8300 $8300

Credit Card Transaction 50 50 50

Debit Card (per) Transaction $065 $065 $065 (To the Driver)

POS Rental Fee (monthly) $800 $800 $800

POS Insurance (monthly) $300 $300 $300

Note The above rates do not include HST

Note For purposes of car rental rates the weekly rents shall be six (6) times the daily rent

Note It is recommended that drivers use Company supplied POS machines and systems

2704 Employees shall pay all monies owed to the Company in the following manner Monthly By the 5th business day of the month

2705 Any employee failing to pay monies by the above dates and times shall be suspended and not reinstated until the monies are paid in full and credited to their account

2706 Employees shall be entitled to pay their rents to the company by company approved charges cash and cheque - provided the employee has at least one (1) year of seniority

Employee(s) who have one (1) cheque returned NSF shall be suspended immediately upon the company receiving notification from the

Collective Agreement ((Company Page35

bank shall lose such privilege for twelve (12) months and shall be charged the appropriate charges

ARriCLE 28 GENERAL

2801 The Company and drivers shall maintain its internal company charge system and accept major credit cards which currently include Visa Mastercard American Express and Diners Cluben Route as approved by the Company

2802

2803

2804

2805

2806

2807

This system shall continue for the duration of this Agreement so long as external factors outside the Companys control do not prevent the Company from doing so Drivers shall be entitled to cash their charges provided they do not have any outstanding balances at the offices of the Company during the hours of 0830am to 400pm Monday to Friday except holidays The Company shall make available to the employees during normal business office hours receipt cards and credit card slips All credit card charges must be authorized

Drivers shall pay a fee of five (5) of all credit card charges that they redeem

Except as otherwise provided in this agreement all passengers shall be treated in a polite professional courteous and businesslike manner at all times by both the Owners Group and the employees

If requested a properly signed receipt shall be furnished by the owner for all payments made by the driver (If requested said receipt shall show a breakdown of all payments made by the driver and the dates for which they apply) For the purposes of this clause a numbered computer receipt shall be deemed to be signed

The employees who own their own vehicles whether or not they own their own license shall have absolute choice as to where their vehicle is to be repaired andor maintained

No employee either full-time or part-time shall abuse or mistreat any vehicle or equipment (ie roof sign radios meters and aerials)

The Owners Group agrees to work with the Union to lobby the City of Ottawa to allocate stands where necessary and appropriate

The Company agrees to provide the Union with the rules covering the stands controlled by concession agreements

Collective Agreement ccCompanyraquo Page 36

bull

2808 Subject to the provision of adequate insurance coverage all car owners shall be free to place a second driver or a third driver on their vehicles should they require without interference from the Company

2809

2810

2811

2812

2813

2814

In the event the Company refuses an individual employment as a second driver or as a third driver the Company agrees that such refusal may be the subject of a grievance and the onus of proof shall rest with the Company to show just cause for such refusal

The parties agree that no vehicle will have more than three (3) drivers at any one (1) time

The Company shall take reasonable steps to maintain all current concession agreements for the duration of this agreement The Company shall take all reasonable steps to obtain additional concession agreements

The Company shall have a phone line separate from the dispatch office so that drivers business people friends of the office staff may call through middot without having to tie up the dispatchers time The separate phone line may be used by the dispatch office during non-business hours

Time-off without rental fees or loss of seniority will be given to those members of the bargaining unit who are called for jury duty Rental driver(s) must park their rental vehicle(s) at the Companys premises should the jury duty go beyond three (3) days

The Company shall maintain a drivers waiting area As well the Company shall allow the drivers to use the telephone in the office for local calls only pursuant to the current past practice

In the event of an assessment to the CompanyOwners Group by WSIB in relation to the provision of WSIB benefits for the Bargaining unit personnel the CompanyOwners group and the Union agree to renegotiate in good faith the rates set out in Article 2703 Where the parties fail to reach agreement on the issue the matter shall be referred to an arbitrator for full and final settlement

When a customer complaint is received by the dispatcher the latter will advise the customer that an authorized representative of the Company will handle the complaint in an expeditious manner Upon request by the Union the Company shall provide a copy of the computer printout and all other relevant information including but not limited to any taped conversation related to the complaint being investigated The privacy of the customer is paramount and will at all times be respected

Collective Agreement ccCompanybullbull Page 37

2901 (a)

(b)

ARriCLE 29 BEREAVEMENT LEAVE

The Members of the Owners Group agree to grant affected employee(s) the necessary time off of up to four (4) days without fees at the time of death of the following relative(s) of said employee(s) father mother spouse (includes common-law) child brother sister mother andor fathershyin-law

The Members of the Owners Group further agree to grant to affected employees two (2) days without fees at the time of death of the following relatives of the employee sister andor brother-in-law and grandparent

ARTICLE 30 SOCIAL JUSTICE FUND

3001 The Company shall pay to the Union an amount of eight hundred ($80000) dollars per collective agreement year with such amounts being made payable to the CAW Social Justice Fund Inc Said amounts shall be paid by separate cheque by the last day of February in each year of this collective agreement A tax receipt shall be supplied to the Company on receipt of said amount

ARTICLE 31 SAFETY BANQUET

3101 The Company agrees to contribute seven hundred and fifty dollars ($75000) to the Unions annual Safety Banquet in each year of the Collective Agreement

SIGNED THIS DAY OF APRIL 15 2012

FORTH~

~~

Collective Agreement laquoCompanyraquo Page38

Collective Agreement laquoCompanyraquo Page39

SCHEDULE 11 A 11 LIST OF THE OWNERS GROUP

Coventry Connections Inc

Collective Agreement ccCompanyraquo Page40

SCHEDULE nan EXISTING CUSTOMS RIGHTS AND PRIVILEGES

1 There shall be no charge for the receipt cards

2 There shall be no charge for credit card vouchers subject to suppliers (third party) availability and conditions Should the Company pursue a course of action leading to Point of Sale terminals which usage will include Debit transactions Decremental Cards and Credit Cards there would be a charge for paper usage

3 The drivers shall choose their own working hours during their shift

4 Reasonable accommodation shall be given to payment of outstanding debts for accident(s) The following minimum payments are required

A) Up to $1 00000 - $ 1 000 per day

B) Over $100000- $2000 per day

Agreed to on the understanding that this does not apply to spare cars

Collective Agreement laquoCompanyraquo Page 41

SCHEDULE C RULES AND REGULATIONS

1 The following articles of clothing are not acceptable forms of attire at OJS

(a) Sweat pants and shorts except for dress shorts Dress shorts will be allowed from April to Labour Day Drivers caught wearing inappropriate shorts will be given one (1) warning and any future occurrence with regards to inappropriate shorts will cause them to lose the right to wear dress shorts for the duration of that season Shorts can be no shorter than three (3) inches above the knees

(b) T-shirts (except Union decaled T-shirt) without lapels tank tops and muscle s1middot1irts

NB Clothing andor other attire with obscenities profanities or sexually degrading remarks are not acceptable Hair must be clean and neat Faces must be clean-shaven or beards neatly trimmed Clothing must be tear and rip free with no visible patches and is to be cleaned and ironed as required Socks must be worn at all times with all types of footwear except for sandals

2 Drivers must be courteous and pleasant at all times and must conduct themselves in a professional business-like manner

3 There is to be no abusive foul language or gestures directed at customers or the general public

4 Consumption of alcohol or drugs will not be tolerated prior to the commencement of a shift andor while driving

5 There wiil be no arguing and fighting among drivers or other DJs personnel under any circumstances

6 No playing of cards or any other games of chance is allowed at any time when working This includes any form of gambling or betting on the air

7 Profanity or abusive language on the air or in your vehicle is prohibited at all times

8 Use of cell phone during the conveyance of a customer(s) is prohibited

9 Each taxicab and driver shall carry at all times a current street guide Drivers are to make proper use of this guide to avoid unnecessary air time

Collective Agreement ccCompanyraquo Page42

10 Deliveries are to be taken directly to the destination Running other fares while occupied on deliveries will not be permitted unless approved by the dispatcher

11 No messages between drivers are permitted Drivers will receive messages to call home spouse office union office partner or garage

In addition When an authorized Union rep asks the dispatcher to have a member of the bargaining unit call them for union business only this will be allowed and if necessary a phone number will be given

12 Picking up a fare while on the way to an accepted dispatch call will not be permitted

13 Drivers must allow 5 minutes wait at the customers pick-up address

14 Drivers shall take reasonable steps to ensure that they pickup only those fares that they are dispatched to Drivers must check with dispatcher for authorization before taking another fare from same address

15 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical breakdown emergency or any other reason(s) not herein listed the dispatcher shall reshydispatch the fare and suspend the driver for one (1) hour

16 Interference or jamming of the radio is a Federal offence and will not be tolerated

17 When necessary drivers must assist customers with handling of baggage and opening and closing of doors

18 No complaining to customers about short fares or time calls A list of regular short fares will be established and such fares shall be dispatched as Locals

19 At customers request music radio and other sound systems except for the twoshyway radio must be turned off

20 Driver must issue a receipt card upon request by customer Drivers signature must be clearly marked in the appropriate place on the receipt card There is no charge for the issuance of a receipt card

21 No new driver is to commence work until he has been briefed by OJS staff in the operating of our charge account system

22 Some of the guidelines in the operation of our charge account system are as follows

Collective Agreement laquoCompanyraquo Page43

(a) All charges are to be signed with car number (eg-DJ70) and date clearly written

(b) If the fare goes to more than one destination these other destinations are to be clearly marked on the reverse side of the chit

(c) Taxi chits to be signed by the customer and dollar value to be clearly marked

(d) Gift certificates which currently have a maximum value of $500 each are to be accepted at face value and change given as required

(e) Drivers must note on back of chit the drop offpick up address if it is different from address shown on face of chit

Drivers are prohibited from buying other drivers charges whether they be DJS drivers or other cab Companys charges Violation of this rule shall result in the following fines

1st offence -2d offence bull 3rd and subsequent offences-

$5000 per chit $10000 per chit $20000 per chit

plus the face value of each chitCredit Card in all cases

The parties agree that the above penalties are specific penalties within the meaning of the Ontario Labour Relations Act An Arbitrator shall not have the power to alter or modify any penalty imposed under this clause

(f) Drivers must accept all major credit cards approved by OJS Taxi

(g) Drivers are responsible for ensuring that all necessary information is clearly marked on charge vouchers as follows

bull Customers name and signature bull Card number (correct number of digits) bull Expiry date bull Drivers signature and car number (eg-DJ70) bull Ensure proper copies of charges are submitted to the Company for

processing bull No hand written major credit card sales drafts will be accepted

23 All cars are to be cleaned inside and out by 1000 am every day with due regard given to road and weather conditions

Collective Agreement Page44

24 All drivers must ensure that they have change for $2000 at all times and will not be removed from the sheet while getting change provided they are not called

25 No taxicab driver shall charge a passenger for

(a) The cost of proceeding to an establishment for change or

(b) Waiting time while a passenger obtains the change provided the bill presented for payment is of $2000 denomination or less

26 No vehicle to be left unattended with keys in the ignition

27 No person(s) unless authorized by the Company shall accompany the driver in the vehicle while heshe is occupied with a paying fare

28 Taxis must not be left unattended on a OJS taxi concession stand for more than ten (1 0) minutes

29 Only au~horized drivers with valid licenses can operate a taxi-licensed vehicle

30 Roof sign must be removed from vehicle when not on duty or involved in an accident

31 ALL DRIVERS ARE ADVISED THAT IT IS AGAINST THE LAW AND OJS TAXI COMPANY LIMITED POLICY TO REFUSE DOG GUIDES IN THEIR CABS REFUSAL WILL RESULT IN FINES AND DISCIPLINARY ACTION BY THE COMPANY

1st offence - 1 week suspension 2nd offence - 2 weeks suspension

3rd offence - Dismissal No longer working under the OJS roof sign

Accommodating Persons with Disabilities

The Management of OJS Taxi wishes to advise all its employees drivers and others operating under the OJS Taxi roof sign of the OJS Taxi policy with respect to blind passengers whether or not they use dog guides

Under the Blind Persons Rights Act of Ontario no person may either deny any person services customarily available to the public or discriminate against any person with respect to services available to the public for the reason that they are a blind person accompanied by a dog guide

Under the Ontario Human Rights Code every person has a right to equal treatment with respect to the supply of services which includes taxi services

Collective Agreement laquoCompanyraquo Page45

bull

without discrimination because of among other things a disability A disability includes any physical impairment such as being blind visually impaired deaf or hard of hearing

Guide Dogs and Taxi Services Many disabled persons are physically dependent on guide animals in their daily activities Canadians who are blind or visually impaired deaf or hard of hearing or who have other types of disabilities such as epilepsy are dependent on guide animals

Accommodation of these individuals necessitates that they be permitted to take their guide animals with them into taxi cabs Refusing to allow them to do so will infringe on their human rights and is against the Blind Persons Rights Act of Ontario and the Ontario Human Rights Code

This notice will simply repeat what should be apparent to you all that if a blind person with or without a dog guide is refused services by any OJS Taxi driver such actions will result in fines to the driver and other disciplinary action including the possibility of suspension by the Management of DJs Taxi Co Ltd

For more information regarding guide animals please review the attached pamphlet and information sheet published by Dog Guides Canada

Any inquiries concerning this policy should be directed to any member of the Management who will if it is required explain the policy to you

32 Drivers are not allowed in the dispatch office

33 All parking tickets will be paid by the rental driver responsible

34 In order to boost with Company owned taxicabs employees must request an obtain instruction from the garage manager or his designee on the proper method of boosting in order to reduce any risk of injury to the driver passenger and damage to the vehicle(s)

In the event of misuse employees at their discretion may be either disciplined in accordance with the principle of progressive discipline or have the option of reimbursing the Company for the cost of damaged parts

35 Any driver operating a taxi while his drivers license or taxi license is under suspension will be disciplined unless the driver can obtain written proof from the Ontario Ministry of Transport andor the appropriate taxi licensing authority that the driver did not receive evidence that hisher license was suspended or cancelled

36 When necessary or requested all elderly andor disabled customers are to be assisted in and out of taxicab at all times

Collective Agreement laquoCompanyraquo Page 46

37 No stealing fares

38 Drivers are not allowed to book no loads and run the fare

39 Drivers cannot refuse dispatched fares subject to article 1304 andor where the driver believes his safety or health is at risk

40 Failure to come to voice after two (2) requests by the Dispatch Supervisor will result in the Driver being suspended in the computer

41 Dispatch staff will not make phone calls for drivers unless it is an emergency situation

42 There shall be no personalization of any fares or trips placed through the Dispatch System of OJS Taxi except for returns east of but not including the Civic Hospital within the same twenty-four (24) hour period Where a return-call has been prearranged through the Dispatch System prior to the initial call being dispatched then the return-call cannot be personalized

43 Drivers will pay monies owed to the company by 400pm on the day that they are due No driver with an outstanding balance will be allowed to book on the sheet until their account is paid in full to the business office This means credited to their account and a receipt issued

44 Dispatchers shall give the line-up every thirty- (30) minutes except for the months of December January and February On implementation of the Computerized Dispatch this clause will be eliminated

45 All deliveries shall be given out as regular calls except where provided in this agreement and all employees shall have the option to refuse to deliver alcohol When a dispatcher requests a driver to call him for information concerning a delivery the dispatcher will first give the delivery address over the radio to ensure the delivery is being dispatched correctly

46 When drivers book out of their cars to attend scheduled complaint meeting appointments they shall be allowed to remain in their spot on the line up queue passed by for fares and treated by the dispatch as if they are no longer on the sheet

When the affected driver returns to his car and books back in he shall be returned to his position in the line up queue and given his next rightful fare

The maximum time a driver shall be allowed to book out for a complaint meeting is one half-hour

Collective Agreement laquoCompanyraquo Page 47

This rule shall only apply if the affected driver does not incur any discipline as a result of the complaint meeting

47 All cabs at DJS Taxi must have a mike clip and the clip must be used Drivers must pick up their mike when communicating

48 Drivers using vans as taxicabs must have and make use of (when requested or required) a portable step to assist passengers in and out of their vehicles

49 All taxicabs must be free of any body damage and any damage must be repaired within ninety- (90) days

50 Roof signs must be kept in good working order and condition with Company approved logo clearly visible front and rear

51 In order to ensure equipment is compatible with computer dispatch system all new radio equipment must be approved by the Company prior to installation

Collective Agreement laquoCompanyraquo Page48

SCHEDULE D CREDIT CARD POLICY amp PROCEDURES

DRIVERS MUST ACCEPT ALL COMPANY APPROVED CHARGES CREDIT AND DEBIT CARDS

DRIVERS MUST HAVE A POINT OF SALE UNIT AND A MANUAL PRINTER PER CURRENT BYLAW CITY OF OTTAWA

Due to the increased use of fraudulent Credit Cards by customers in taxicabs the following procedures have been developed to protect drivers from falling victim to Credit card fraud When accepting Credit cards the following rules must be followed

Credit and Debit Cards- the following rules must be followed

AUTHORIZATION OF ALL DEBIT AND CREDIT CARDS

All Credit Card slips must be authorized regardless of amount Verification is generally done after the fare is completed but verification of an estimated or known amount can be done prior to the completion of the trip if

bull The destination is beyond the radio coverage area bull The driver has reason(s) to suspect the validity of the card

INFORMATION REQUIRED FOR ACCEPTANCE OF DEBIT ANDOR CREDIT CARD SLIP FOR PAYMENT The completed Credit Card slip must contain all the following information

(a) Vehicle Number (pre-printed on POS slip if not to be written by hand at the bottom of the slip)

(b) Drivers ID Number and Initials (c) Amount of fare and gratuity (if applicable) (d) Authorization number (Pre-printed on POS slip) (e) Date of the fare (Pre-printed on POS slip) (f) The Debit or Credit Card must be swiped at all times (in the event that the

receipt does not print imprinting Credit Card only on manual imprinter is acceptable with customers signature but the imprint of the card number has to be clear) In the case of a swiped transaction part of the card number will display per Credit and Debit Card industry rules

(g) Customers signature clearly written (Credit Card only) marked TRANSACTION COPY We will accept the CUSTOMER COPY as long as it has the customers signature Debit POS slips are to be submitted marked TRANSACTION COPY NO SIGNATURE IS REQUIRED

Collective Agreement laquoCompanyraquo Page49

DISPUTES BY A CUSTOMER

Should a debit or credit card slip be disputed by the customer their bank or other financial institution the company will investigate If such investigation proves fraud or error by the driver the driver will be charged back for the full amount of the charge

If the disputed transaction was processed on a non-company unit a $500 plus HST charge plus the value of the charge will be debited to the drivers account The Company will refund the customer for the value of the charge

Should a customer andor driver report that the charge has been approved more than once the Company will investigate The Company does not allow any refunds in the taxicab Drivers can void a transaction but this must be done before Batch Closing the transaction A Void can only be done in the presence of the customer as the card (debit or credit) must be present The driver can then re-swipe the card for the correct amount The Company publishes a toll free number for customers or drivers to call with any concerns about a transaction If a customer has been charged more than once for the incorrect amount the following procedures apply

Credit Card

The Company will verify that the customer was charged multiple times or has been over-charged and issue a refund as necessary The Company will send a copy to the customer upon request All refunds are processed on a Point of Sale unit or Virtual Merchant (on-line) The Company may contact the driver to determine the validity of the customers details

Debit Card

The Company will verify that the customer was charged multiple times or has been overcharged and issue a cheque refund as necessary The Company keeps a copy of the cheque issued

GENERAL INFORMATIONGUIDELINES

1 If the driver has overcharged the customer and has been paid the incorrect amount the Company will adjust the drivers account and provide a receipt The Company maintains a log in the even there is a dispute by the driver or the customer If the driver reports the overcharge that is logged on a Customer Incident Form which has a Control Number

2 Hand written Credit Cards will not be accepted All Credit Cards must be passed through a manual imprinter which clearly shows the full credit card number If the credit card number is not clear and cannot be authorized

Collective Agreement laquoCompany Page 50

the driver will face debitchargeback of the amount as it cannot be authorized

3 The only Credit Cards accepted by Taxitab a division of Coventry Connections Inc are

i Visa ii Mastercard iii American Express

Note Visa Mastercard and American Express all issue prepaid credit cards these are all accepted

4 Taxitab a Division of Coventry Connections accepts Debit Cards for Canadian Financial Institutions Debit Cards for foreign banks may not

work on the unit Visa Mastercard have commenced issuing Debit Cards these are all accepted These cards are clearly marked on the face of the card with the Visa and Mastercard logos

5 The following items are to be checkedverified by the driver upon presentation of a Credit Car (a to d) Debit Card (d only)

CHECK LIST

(a) Expiry Date Ensure the card is valid Check to be sure that the Card is not being used beyond the expiry date printed on the card If the card is expired refuse to accept it

(b) Altered Cards Check to see if the card has been noticeably altered in any way If it has been refuse to accept it

(c) Card holders name and signature Check that the signature on the Credit Card slip is the same name printed on the card At the same time check that the signature is the same as the signature on the rear of the card If there is no signature on the rear of the card ask the customer to sign it as you are required to check this

If in doubt ask to see some other form of identification (preferably one with a picture and signature) that ensures that the person using the card is who they say they are

(d) Amount of fare and gratuity (if applicable) The amount of the Debit or Credit card slip must be equal to the amount of the fare and the gratuity (where applicable) Each amount should be entered in their respective places and only by the customer unless otherwise directed In the case of a Debit Card customer must always enter their PIN number to

Collective Agreement ltbullCompany Page 51

authorize the card Drivers must remind customer that the TIP field comes first followed by the PIN number

(e) $150 Surcharge

Debit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated by the City of Ottawa By-Law The $150 charge is prompted by the point of sale unit automatically The Driver receives 65cent of the $150 for every transaction

Credit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated in the City of Ottawa By-Law The $150 charge is NOT prompted by the point of sale unit automatically The driver adds the $150 to the metered amount and enters this total in the base amount field

6 CAUTIONS

7

(a)

(b)

(c)

Bank Card only have the Bank name on the card

Credit Cards are identified by the VISA MASTERCARD AMERICAN EXPRESS OR DINERS CLUB-ENROUTE symbols Only Cards with these symbols will be accepted

Credit Cards will have a holographic image on the face of the card

CASH ADVANCES

The use of Credit Cards for cash advances in the taxicab is not permitted Credit Cards must only be used in the taxicab for paying for an actual fare Anyone using a Credit Card in a taxicab to obtain cash advance is most likely using a stolen or fraudulent card

8 OUT OF TOWN FARES

For the drivers protection it is suggested that for fares going out of town and the customer wishes to pay by Credit Card it is recommended that the driver authorize the fare at the beginning of the trip (dispatcher can give an estimated amount) If there is a difference process the difference at the end of the trip There is a pre-authorization feature available for Credit Card only on the Point of Sale unit The Company can activate this on driver request but the driver must be

Collective Agreement ccCompany)) Page 52

bull

9

given correct training for this There are several steps involved with pre-authorization that must be followed before batch closing

BATCH CLOSING

Drivers must close transaction in the terminals at the end of their shift Credit Card authorizations only remain in the terminal for five (5) days after that the processor closes them automatically Drivers must batch close all credit cards no later than four (4) days in order for the items to appear on the batch close report

Batch Close reports will print separately for Debit and Credit Cards and list the details of the transactions in the terminals showing the card type and the last four (4) digits of the card involved This Batch close cannot be reprinted drivers must hold on to them Attach the slips to the Batch Close and bring to the cashier The cashier will verify the attached slips are on the batch close and proceed to pay or credit the driver assuming all slips are authorized and complete (as discussed above under (1) Authorization Procedures)

The following circumstances regarding Batch Closes will apply

(i) Batch Close with All Debit and Signed Credit Card slips- Driver will be paid or credited at time of presentation at a cashiering station

(ii) Batch Close- No Debit Slips if the batch close shows a Debit Slip and the driver has misplaced or lost the slip the Driver will be paid or credited at the time of presentation at a cashiering station

(iii) Batch Close No Credit Card Slip- No Slip No Payment at time of cashiering (driver is to go to Driver Admin in this instance) If the driver has a signed manual slip and the last 4 numbers of the card match those on the batch close the slip will be accepted by the cashier

NO BATCH CLOSE REPORT -If a Driver has lost or misplaced Batch Close report the Driver is to go straight to Driver Admin (not cashiering) The Driver is to bring the receipts (if there is a credit card slip with no signature there is a separate procedure for this below) he has for which he has not batch close Driver Admin will initiate a Batch Close Incident Report which has a Control Number for future reference The Procedure is as follows

(i) Driver Admin to Photocopy all Slips and write the Control from the Batch Close Incident Form on the photocopy and date the sheet The

Collective Agreement ccCompanyraquo Page 53

bull

bull

Driver is to keep this in the event of a dispute or apparent nonshypayment in account

(ii) Driver Admin will complete the top copy of the report attach a copy of the slips The Driver will complete the bottom part of the report and sign it

(iii) Management will need 72 hours (three business days) from the date of Incident Report to investigate the transaction has been settled in the POS unit

(iv) Providing Management confirms the transaction is complete the slips will be credited to the Drivers account and a receipt will be printed A copy of the receipt is attached to the Batch Close Incident Report The Control from the Form is entered when the the amount is credited for reference A receipt can be printed at that time by cashier

(v) In the event that a driver does not have a Batch Close and presents a credit card slip with no signature the following will apply

(vi) If the Driver experiences a problem with the Batch Close or operation of the unit the Driver is to bring the unit to the office during normal hours Management will investigate the issue and call Driver to reshyissue the unit completing paperwork for the replacement unit which the driver will sign

Any driver attempting to defraud a customer by processing a debit or credit slip more than once will be terminated

Collective Agreement laquoCompany)) Page 54

bull

bull

SCHEDULE E STOLEN FARE POLICY

Whenever the Dispatch Supervisor receives a complaint that a fare either dispatched to the complainant or from within the same block of taxi standconcession on which the complainant is parked has been stolen and the identification of the accused is made known the Supervisor shall

(a) Bring the accused to voice and notify himher of the allegations

(b) Inform the complainant that a deposit of forty dollars ($4000) must accompany his accusation and to be deposited within one (1) hour of the complaint Where applicable inform the complainant that the accused wishes to challenge the allegations and the date and time of the hearing shall be known to both parties

(c) A failure of either party to attend the hearing will result in an additional fine of forty dollars ($4000) to be paid within sixty (60) minutes of the conclusion of the hearing or a suspension ob the absent party until payment is received

(d) Inform the accused of the available options

(i) Arrange for repayment of the fare in its entirety to a minimum of forty dollars ($4000) to the complainant a Union representative or the Company on behalf of the complainant within sixty (60) minutes or

(ii) If the allegation is being denied and the accused wishes to refute it forty dollars ($4000) must be deposited at the dispatch office within sixty (60) minutes with a notification to the Dispatch Supervisor that the allegation is being challenged

Where the accused fails to respond to two (2) voice messages or refuses to comply with (c) the accused shall have dispatch services suspended until in compliance or the Company receives instructions from a Union Representative to do otherwise

The penalty for a wrongful accusation is the payment of forty dollars ($4000) to the accused by the accuser in addition to the return of the accuseds deposited payment

It is understood and agreed that the action(s) of the Dispatch Supervisor(s) in the compliance of this Policy is not to be construed as a determination of who is the guilty party In all disputes regarding stolen fares the Committee shall make the final determination with respect to guilt

Collective Agreement laquoCompany Page 55

bull

bull

Note Such fare(s) will not be considered as Stolen Fare(s) if picked up by driver(s) arriving on the Concession(s)Taxi Stand(s) prior the driver(s) who accepted the dispatched fare(s)

Collective Agreement ((Company Page 56

bull bull

APPENDIX 1

PLATE CAR LESSEE IND START LESSEE START

1 1027 5027 ADAM GRANT 1 91111986 111987

2 1015 5015 TIMS VAUGHN 411995 411995

3 1043 5043 MARTON FERENC G 10251995 10251995

4 1050 5050 DUBOIS JOHN 12111994 311996

5 1048 5048 SUNIL JOSHI 1111994 711996

6 1030 5030 SLIM MOHAMED 711996 7111996

7 1041 5041 JAMALEDDINE ZAHER 911996 911996

8 1040 5040 MAHEUX FRANK 11151996 181997

9 1109 1 5109 ASTLEY JAMES 1011994 1131997

10 1045 5045 MELHEM SAMIR 1211996 9211997

11 1028 5028 LABINE ANTHONY 10151980 11281997

12 1054 5054 ELmiddotNEMER NEMER 11131997 21271998

13 1113 5113 WEAGANT BROCK C 82211988 3131998

i

14 1039 5039 SOBH HAC HEM 11171997 5111998

15 1044 1 5044 MOUFARREJ RAYMOND 10241996 1161998

16 1042 5042 MCCONVILLE BILL 311992 11111998

17 1107 5107 GIANNAKOS LOUIS I 9111997 491999

18 1026 5026 VERMA LALIT 51261996 5311999

19 1033 5033 MITCHELL BRUCE 111987 9301999

i

20 1108 5108 PAPPAS CHRISTINE 121111991 1041999

rmiddot 1014 5014 NYTRA BEDRICH 961996 3302000

22 1000 5000 ABOUmiddotARRAG SAM I 611997 7132000

23 1038 5038 MUNROE JOHN 1111977 492001

24 1022 5022 RADULESCU GELU 611999 5232002

25 1139 5139 HASSOUN I MOUFID 71211999 8152002

26 1006 5006 SADER I GHASSAN 6211999 292004

27 1029 5029 CLAYTON GREG 911980 21132004

Collective Agreement ccCompany Page 57

bull

28 1034 5034 IBRAHIM 12301995 4302004

29 1037 5037 ABDALLA HASSAN I 3312000 2202006

30 1010 5010 HASSOUN AD NAN 8272001 312006

31 1031 MASSOUD 1241998 312006

32 1 1o35 5035 JANCO 911992 362006

1 33 1036 5036 SINGH BALWANT 92211999 3172006

Collective Agreement ltltCompanyraquo Page 58

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 24: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

1505

(a)

(b)

(c)

(d)

An employee returning to work after thirty (30) days but less than eighteen (18) months from the commencement of hisher injury or illness shall be returned to work displacing the most junior driver driving with the individual member of the Owners Group

Clarity Note (i) A twelve (12) hour driver returning from illnessinjury shall be returned to a twelve (12) hour shift car by replacing the most junior driver driving Should the most junior driver be driving a twenty-four (24) hour car heshe would then be offered the shift remaining after the returning driver has chosen

Clarity Note (ii) A twenty four (24) hour driver returning from illnessinjury would replace the most junior driver and assume hisher shift

Clarity Note (iii) Returning employees shall be given the first available car corresponding to their previous shift

An employee shall lose seniority and as such will cease to be an employee upon

Voluntarily quitting or resigning

Being discharged for just cause and not having been reinstated through the grievance or arbitration procedure

Failing to rent an available vehicle when duly notified of same while on layshyoff except or for certified medical reasons

Being laid off being without a valid work permit or being without a valid Provincial drivers license or appropriate Municipal taxi drivers license for a length of time equal to that employees seniority or twelve (12) months whichever is less

ARTICLE 16 COMMITIEES

1601 A UnionManagement committee shall be appointed consisting of up to three (3) representatives from the Union and up to three (3) representatives from the Company This committee shall meet every six (6) months for the purpose of discussing matters of mutual concern

1602 A safety committee consisting of at least two (2) representatives of the Union and two (2) representatives of the Owners Group shall meet at a mutually agreeable time frame upon the request of either party within thirty (30) days for the purpose of discussing matters of mutual concern Minutes will be kept of each meeting

Collective Agreement laquoCompany Page22

1603 A rules committee consisting of up to three (3) representatives of the union and of up to three (3) representatives of the owners group shall meet at a mutually agreeable time frame upon the request of either party within thirty (30) days for the purpose of negotiating changes to existing rules and for discussing any new rules prior to their implementation

1604 To address advertising the parties agree to establish an Advertising Committee of equal representation to meet at mutually agreeable times upon request of either party within fifteen (15) days of notice being given by either side The Committee shall be responsible for a budget of $2625000 over the term of this collective agreement which sum shall be spent to advertise and promote the DJs business

The parties must agree when and how the advertising will be allocated However the parties agree that advertising would include

bull Flyers bull Newspaper Ads bull Promotional Items (eg fridge magnets) bull Radio

ARTICLE 17 SAFETY AND HEALTH

1701 It is understood and agreed that driver safety is important to the individual employee and to the industry as a whole The Owners Group and employees agree to exercise their rights and to fulfil their obligations in accordance with this understanding The Owners Group will continue to encourage and welcome safety recommendations for the safety and health of drivers during their working hours

1702 The employer shall supply only safe and roadworthy vehicles and the equipment contained therein and the vehicles themselves shall be maintained in good working order Each rental vehicle shall meet the mechanical fitness standards as defined in Provincial legislation

1703 The Company agrees to pay the premiums to an insurer chosen by the Company to provide term life insurance coverage in the amount of ten thousand dollars ($1000000) for all employees provided that the affected employee has a minimum of one (1) year seniority under the DJs Taxi roof sign and is actively working on the day he attains this one ( 1) year seniority

All claims and payments shall be in accordance with the terms of the master policy of the insurer and the Company shall not be liable for any

Collective Agreement laquoCompanyraquo Page 23 middot

bull

non payment by the Insurer This insurance coverage will not be provided to any driver who is 65 years or older at any time during this agreement

The Company shall aid in collecting monies by allowing a cash donation box to be set up at their office for driver(s) involved in serious accidents The Company shall not be responsible for said box

1704 The Company shall supply a safety shield for the company owned rental vehicle when requested by that driver

All rental drivers who request a shield must continue to operate on a vehicle that is equipped with a safety shield so long as said driver is operating under the DJs roof sign provided one (1) is available Company rental drivers working with a shield shall have the option of refusing to operate any spare rental vehicle not equipped with a safety shield However once a driver accepts a spare rental vehicle not equipped with a shield he will be deemed to have given up his right to exercise this option on the same shift

ARTICLE 18 WORK WEEK

1801 The Owners Group agrees that the employees shall determine their work week subject to the provisions of this agreement

1802 The Owners Group agrees that the work week shall be based on seven (7) days

1803 Rental drivers shall pay their weekly rental over six (6) days and have the use of the vehicle for seven (7) days

1804 Stand rents for car owners shall be calculated weekly paid monthly or weekly at the discretion of the employee but limited to one change in the payment structure per calendar year Any reduction is to be calculated on a weekly basis and there shall be no reduction given for anything less than seven (7) consecutive days off except where provided in this agreement

1805 Shifts shall be mutually agreed upon by the partners on the vehicle and in case of dispute shifts shall commence at 400am and 400pm The change-over location shall be mutually agreed to by the partners on the vehicle and in case of dispute change over shall be at the Companys office

ARTICLE 19 STATUTORY HOLIDAYS

Collective Agreement laquoCompanyraquo Page 24

1901 (a)

(b)

All rental drivers (12 amp 24 hours) of the Owners Group shall be entitled to the following days off provided that they have worked more than three (3) consecutive months under the Companys roof sign

All single plate owners (SPO) and single plate lessees (SPL) shall be entitled to the following days off provided that they have completed three (3) months of service under the Companys roof sign and they shall not be charged plate rent or stand rent for said statutory holidays

Employees meeting the criteria outlined in (a) and (b) above shall be given credit for said days whether they choose to work or not Credits for statutory holidays shall be given at the time that payment is made for the period covering the day of the holiday

New Years Day Family Day Good Friday

Victoria Day Canada Day Labour Day

ARTICLE 20 TIME OFF

Thanksgiving Day Christmas Day Boxing Day

2001 All rental drivers (12 amp 24 hours) shall be entitled to four (4) weeks annual time-off

All single plate lessees (SPL) shall be entitled to five (5) weeks annual time-off for which they shall not be charged stand rent for time-off taken During said time-off heshe shall not be charged plate rent for the first four (4) weeks

All single plate owners (SPO) shall be entitled to seven (7) weeks annual time-off During this period they shall not be charged stand rent

SPOs and SPLs outlined above will be granted their requested time-off entitlement provided they have no balance owing and provided that a minimum of one (1) week written notice is given to the individual Member of the Owners Group (MOG) and the Company and provided further that said drivers have a minimum of one (1) completed year of uninterrupted service under the Companys roof sign

In cases of accidents and major breakdowns involving SPO and SPL no notice period will be required for time-off and credits for such time-off will be based on daily increments

Where a SPOor a SPL has used all hisher allotted time off and said SPO or SPL has an accident or major breakdown heshe will be given up to a maximum of ten (1 0) additional days of time off and during said time

Collective Agreement laquoCompanygtbull Page 25

heshe shall not be charged any stand rent subject to proof of inoperability of the vehicle being provided

In the case of SPOs and SPLs extended time-off will be allowed for overseas trips All rents must be paid in advance to cover the time off for the extension

Explanation Car owners time off is only when the car is off the road If the SPO or SPL puts a driver on the car it is not considered part of this time off

2002 Single plate owners and single plate lessees will be responsible for arranging for time off for their drivers

2003 Time off may be taken weekly or bi-weekly at the employees discretion Provided further where the employee has taken a minimum of one (1) week heshe may take additional days) of less than weekly increments) in conjunction with the one 1) week

2004 Time off must be taken during the calendar year and cannot be accumulated over more than one calendar (1 year

2005 The MOG SPL and SPO agree that roof signs taxi plates and all other items (computer equipment will remain with the Company during the employees time-off and in the case of rental drivers the rental vehicle will be returned to the vehicle owner

ARTICLE 21 INSURANCE

21 01 Every car owner has the right to obtain insurance from the broker or Company of their choice without interference from the Owners Group

2102 The Owners Group shall upon written request from an employee who is presently insured by a member of the Owners Group provide written details of claim settlements and accident records

2103 The Company shall provide at no extra cost motor vehicle insurance coverage with collision provision deductible not exceeding $75000 or the cost of repair whichever is less for each at fault accident

21 04 The Company shall provide at no extra cost comprehensive coverage with zero deductible including but not limited to middotfire and theft It is agreed and understood that comprehensive coverage does not cover driver owned equipment

Collective Agreement Page26

21 05 The Company shall provide accident benefit coverage as set out in the OAP 1 of the Ontario Automobile Insurance Act and shall abide by the guidelines and statutory conditions as set out by the Insurance Company with whom the Company is insured

2106 With respect to Articles 2103 2104 and 2106 above which applies to accessible shift vehicles only) the Companys obligation is to provide insurance coverage only Any determination of whether a driver is entitled to insurance benefits andor whether a claim shall be paid or denied in any given situation shall be the sole and exclusive responsibility of the Insurance Company

2107 A driver who is insured through the Company shall provide the Company with a Motor Vehicle Drivers Abstract one month before the annual renewal of the Companys insurance policy A driver shall provide additional Motor Vehicle Drivers Abstracts as requested by the Insurer

21 08 The Companys insurer may judge a driver to be a high risk and may assess a surcharge accordingly A driver who is found tomiddot be a higher risk will bear the cost of any such surcharge

21 09 A driver insured by the Companys insurer who is involved in an accident shall regardless of whether he or she was at fault notify the dispatcher immediately The driver shall indicate whether the accident should be reported to the police and whether the customer or driver require medical attention Following notification of the dispatcher the driver shall remove the roof sign from the vehicle and record to the best of his or her ability all relevant information The driver shall bring the relevant information to the office within 24 hours of the incident excluding weekends and holidays)

2110 Drivers are responsible for the replacement of all lost or stolen antennae andor roof signs

2111 The Company shall pay the full El payments for all rental drivers In the event of an increase in the premiums during the life of this Collective Agreement drivers shall pay the drivers share of the increase

2112 All drivers who are insured through the Company obtained insurance must sign the Companys insurance agreement prior to commencing work The Company shall provide insurance agreements with no more than a $75000 deductible to be paid after the accident The amount shall be paid at the rate of $1000 per shift until fully paid

Collective Agreement ((Companyraquo Page27

ARTICLE 22 TAXI PLATE SALES

2201 1 Members of the Owners Group shall be able to sell plate(s) in the following manner

2202

(a) A notice of its intent to sell plate(s) shall be posted and announced over the dispatch system for a period of three (3) days and shall be offered to the lessees and rental drivers in the bargaining unit

(b) Where there is more than one interested applicant the plate(s) shall be offered based on seniority and plates sold shall be the plate of the most junior lesseedriver

Where the sale will result in the layoff of a driver that driver shall be recalled prior to any new hires by all Members of the Owners Group

2 Where there are no applicants the Member of the Owners Group will sell the last leased plate at their discretion Any driver laid off shall be recalled prior to any new hires by all members of the Owners Group

3 Sale of More Than One Plate at One Time

4

5

The Owners Group has the right to sell to whomever they choose provided that no one is displaced

In the event that the most junior lessee is displaced as a result of the sale of the plate the Company agrees to pay to the displaced lessee no more than fifty-five thousand dollars ($5500000) in the first year of this Agreement and according to the succession plan as outlined in article 23 for the following years of this Agreement This would apply only if the said lessee has complied with the succession plan as per article 23

An individual Member of the Owners Group shall not require any of his drivers to give up their rights under this Agreement and work under another roof sign without the drivers written consent given before a Notary Public for Ontario The Union shall be supplied with copies of the consents

In the case where a Member of the Owners Group is leasing a taxi plate and the Member of the Owners Group has a car under this plate and this vehicle is then rented out on a 12 or 24 hour rental this article then does not apply The Owners Group cannot be held responsible for any damage or compensation that may arise from the actions taken by the 3rd party

Collective Agreement laquoCompanyraquo Page28

2301

2302

2303

1

2

3

4

ARTICLE 23 SUCCESSION AND TAXI PLATE LEASES

Definition

The process by which the lessee of a Company-owned taxi license plate having determined that heshe wishes to retire andor otherwise terminate hisher relationship with the Company and having officially notified in writing both the Union and the Company of hisher intention to do so offers the opportunity to hisher driver to be the lessees successor all in accordance with the conditions sot out in this Article

In order to be eligible to offer a lease for succession the lessee must have been a party to a valid taxi plate Leasing Agreement with the Company for a minimum of one (1) year and have two (2) years of continuous uninterrupted service operating a taxi vehicle under the Companys roof sign The lessee must also be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

In order to qualify as a successor the driver must be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

An offer for succession shall follow the following order

No offer for succession can be made until the day after the final version of the seniority list as outlined in Appendix 2 has been agreed upon and signed-off by the Parties

The lessee must notify the Company and the Union in writing of hisher intention to exercise the option of succession and the projected date of the succession

The taxi plate lease shall be offered to the lessees current driver (if any) who shall have thirty (30) days to reject or accept the succession

If the offer is rejected or thirty (30) days have passed since the offer was made the taxi plate lease shall be offered to the drivers who are not single plate lessees (SPL) or a single plate owner (SPO) on the seniority list who shall have thirty (30) days to reject or accept the succession

Collective Agreement ltltCompanygtgt Page29

5

6

2304

2305

2306

2307

2308

2309

The most senior driver on the seniority list (who is not a single plate lessee-SPL or single plate owner-S PO) who accepts the succession shall be the successful incumbent lessee

In the event that no driver accepts the succession the lessee may ask that his request for succession be held in abeyance until such time as an incumbent lessee is found or may retire andor otherwise terminate hisher relationship with the Company at the time of hisher choosing In the event that the lessee retires andor terminates hisher employment relationship the taxi plate shall be returned to the Company and assigned to the next senior eligible driver as per the Companys past practice

The succession shall be valued at no more and no less than fifty-five thousand dollars ($5500000) except as modified as per sub-Article 2308 The driver (incumbent lessee) shall pay to the lessee the full value of the succession fee within sixty (60) days of the date of acceptance of the offer Once the driver has paid the succession fee the driver becomes a single plate lessee for the purposes of this Collective Agreement and will assume all rights duties responsibilities and obligations of a single plate lessee as set out in this Collective Agreement

The Parties agree that any monies or other considerations paid to a lessee at any time other than the time set out in sub-Article 2304 above shall not be counted towards the succession fee

The amount of $300000 (plus HST if applicable) shall be paid to the Company as a consulting fee by the incumbent lessee no later than the day before the day the incumbent lessee becomes a single plate lessee for the purposes of this Collective Agreement

Any lessee who exercises the succession option voluntarily terminates hisher employment with the Company and loses all seniority A driver who wishes to subsequently be rehired by the Company as a driver shall be placed at the bottom of the seniority list The driver will be eligible to become a lessee two (2) years from the date of hisher rehiring

The amount set out in sub-Article 2304 shall be increased annually on the date of the plate and stand rent increases set out in Article 27 of this Collective Agreement The annual increase shall be the same as the average of the percentage increase in the plate rent and the stand rent for that year

In the event of the death of a lessee and provided the lessee is up to date with all payments to the Company and has no outstanding amounts owing to the Company whatsoever the lessees estate shall have up to six (6) months from the date of death to exercise the option of succession

Collective Agreement laquoCompanybullbull Page 30

2310

2311

(a)

(b)

(c)

2312

Leasing agreements must be entered into provided they do not conflict with the terms of this Agreement

Without limiting the generality of 2310 in any way whatsoever a leasing agreement shall contain the following provisions

The lease shall terminate automatically for failure to fuHill any term of the lease including but not limited to failure by the lessee to fulfill any financial obligation or failure by the lessee to obtain replacement insurance in the event of cancellation of insurance

The lessee shall be the principal driver of the taxi vehicle which is attached to the taxi license plate

This Collective Agreement between the parties shall be the entire agreement and there shall be no other fee condition or other obligation except those set out in the Collective Agreement

All leased plates shall remain as such and shall not be converted to rental vehicles for the duration of this Agreement provided there are persons willing to leased said plates

ARTICLE 24 GRIEVANCE PROCEDURE

2401 A grievance shall include any issue regarding the interpretation administration application or alleged violation of this agreement It is the mutual desire of the parties that complaints of the drivers be adjusted as quickly as possible To that end the parties have adopted the following grievance procedure

STEP 1 A driver may bring his complaint to the Supervisor of the Members of the Owners Group If the driver does bring his complaint to the Supervisor he must do so within twenty (20) days of the incident or of he having knowledge of this incident giving rise to the complaint Where the complaint is brought forward it must be given to the Supervisor and the Supervisor shall reply within two (2) working days

STEP 2 Failing settlement of the complaint at Step 1 or where the driver has chosen not to avail himself of Step 1 the driver must file the grievance in writing within twenty (20) days of the incident or omiddotf he having knowledge of this incident giving rise to the grievance The grievance must be referred to the Member of the Owners Group claimed to be responsible andor any other person designated by the Member of the Owners Group Grievances shall be dealt with at the Step 2 meeting which shall be scheduled on the 3rd Wednesday of every month This monthly Step 2

Collective Agreement ccCompanyraquo Page 31

meeting shall be one meeting held at the Companys office Where the grievance involves the discharge of a driver the parties agree to meet within ten (1 0) working days of the filing of the grievance A representative of the Union shall be present at all step 2 meetings The Member of the Owners Group must respond within three (3) working days of the meeting

2402 Should a group grievance or a Union or policy grievance develop it shall be filed at Step 2 within twenty-five (25) days of the incident giving rise to the grievance or of the drivers or Union having knowledge of this incident

2403 Failing settlement under the above the matter in dispute may be taken to arbitration in accordance with article 26

2404 Drivers employed by single plate owners and single plate lessees may not grieve matters or disputes arising between the driver and the single plate owner or single plate lessee A committee shall be set up and made up of equal numbers of Uniondriver and Company personnel to assist in resolving disputes between the drivers and single plate owner and single plate lessee The committee shall have the power to determine a procedure to be followed as well as to determine fault and penalties

ARTICLE 25 ARBIrRATION

2501 After exhausting the provisions of the grievance procedure either of the parties may submit a grievance to arbitration either expedited or formal in writing within thirty (30) days of the Step 2 reply or if there is no reply within thirty (30) days after the expiration of the time limits to provide a reply

2502 Unless otherwise mutually agreed by the parties all grievances referred to arbitration not relating to an indefinite suspension a discharge or any separation of employment or to the interpretation of the collective agreement group grievances and policy grievances shall be referred to the expedited process

Grievances referred to arbitration in respect of indefinite suspensions discharge or separation of employment for any reason or to the interpretation of the collective agreement and group grievances may only be referred to this expedited process by the mutual agreement of the parties

2503 Within fourteen (14) days after notice has been given that the grievance will proceed to formal arbitration the parties shall meet and agree on a single arbitrator If the parties cannot agree on an arbitrator within this time limit either party may request the Minister of Labour to appoint an

Collective Agreement laquoCompanyraquo Page32

arbitrator and this appointment shall be binding on both parties In respect of the cost of arbitration of formal grievances the parties shall share equally the fee and expenses of the sole arbitrator

2504 The formal arbitrator shall have the right to exercise all the powers provided by the Labour Relations Act as amended from time to time

2505 The Arbitrator must hand down a written decision within sixty (60) days of the date of the hearing

2506 As an alternative to the formal arbitration process set out in the foregoing paragraphs a grievance may be referred to a previously agreed-upon person who shall hear the grievance and who shall at the conclusion of the hearing give a decision immediately Such decisions may not be used to alter modify or amend any part of the collective agreement and are made without precedent or prejudice to similar or like cases Such a decision shall be final and binding upon both parties and no further action may be taken on that grievance by any means whatsoever

2507 To maintain the efficiency of this expedited process the parties shall schedule a minimum of one (1) day of arbitration every three- (3) months except in those circumstances where either party deems it necessary to schedule the arbitrator more frequently

2508 The parties shall share equally the fee and expenses of the persons selected to hear the expedited arbitration cases

2509 At all expedited arbitration hearings the Company or Member of the Owners Group shall be represented by a member of their management and the Union shall be represented by a Union staff representative or an officersteward of the Local Union

2510 The Union shall forward to the representative of the Member of the Owners Group a list of the expedited grievances to be heard on the day or days scheduled for the hearing of grievances according to the expedited arbitration procedure The aforementioned list shall be forwarded to the representative of the Member of the Owners Group no later than ten (10) working days in advance of the hearing unless otherwise mutually agreed

2511 By exception a party may call one (1) witness at an expedited arbitration

2512 Prior to proceeding to formal or expedited arbitration and at least thirty (30) days prior to the date of arbitration the parties may upon mutually agreement request that any grievance be referred to a mediator to act as a grievance mediation officer for the purpose of attempting to

Collective Agreement laquoCompanyraquo Page33

mediate a settlement of the grievance The parties shall share equally the fee and expenses of this officer

ARTICLE 26 TAXI PACKAGE

2601 The employer shall provide to the rental driver at no extra cost motor vehicle insurance with a collision provision deductible not exceeding $50000 for each accident at fault

The Owners Group shall also provide to the rental driver at no extra cost comprehensive coverage with zero (0) deductible including but not limited to fire and theft It is agreed and understood that comprehensive coverage does not cover driver added equipment

2602 Each rental driver shall be supplied for a daily twelve (12) or twenty-four (24) hour period at no extra cost a roadworthy safe sedan four (4) door taxicab with proper weather resistant tires for all seasons and with a seating capacity for not less than four (4) passengers containing

2701

2702

2703

1 A roof sign 2 A sealed taxi meter 3 A two-way radio 4 A full size spare tire subject to space limitations 5 A tire tool 6 A jack 7 A mike clip 8 A full tank of gas at start date 9 Air conditioning on replacement vehicle where possible 10 An electric rear window defroster or blower

Any equipment owned by the Owners Group that becomes inoperative shall be repaired as soon as possible

ARTICLE 27 RENTAL CHARGES AND TERMS OF AGREEMENT

This agreement shall take effect upon ratification and be binding on both parties for three (3) years and shall continue for annual periods of one year each unless either party gives at least one hundred and twenty (120) days notice that it wishes to amend this agreement

It is agreed and understood that this agreement will remain in full force and effect until amended by negotiations

Rates shall be as follows

Collective Agreement laquoCompanyn Page 34

712011 712012 712013

Stand Rent (monthly) $43900 $45000 $45900

Plate Rent (monthly) $71926 $75000 $75960

Daily Car Rental 24 hr Regular Plated $9700 $9700 $9700

24 hr Accessible Plated $10500 $10500 $10500 12 hr Regular Plated $6700 $ 6700 $6700

12 hr Accessible Plated middot $8300 $8300 $8300

Credit Card Transaction 50 50 50

Debit Card (per) Transaction $065 $065 $065 (To the Driver)

POS Rental Fee (monthly) $800 $800 $800

POS Insurance (monthly) $300 $300 $300

Note The above rates do not include HST

Note For purposes of car rental rates the weekly rents shall be six (6) times the daily rent

Note It is recommended that drivers use Company supplied POS machines and systems

2704 Employees shall pay all monies owed to the Company in the following manner Monthly By the 5th business day of the month

2705 Any employee failing to pay monies by the above dates and times shall be suspended and not reinstated until the monies are paid in full and credited to their account

2706 Employees shall be entitled to pay their rents to the company by company approved charges cash and cheque - provided the employee has at least one (1) year of seniority

Employee(s) who have one (1) cheque returned NSF shall be suspended immediately upon the company receiving notification from the

Collective Agreement ((Company Page35

bank shall lose such privilege for twelve (12) months and shall be charged the appropriate charges

ARriCLE 28 GENERAL

2801 The Company and drivers shall maintain its internal company charge system and accept major credit cards which currently include Visa Mastercard American Express and Diners Cluben Route as approved by the Company

2802

2803

2804

2805

2806

2807

This system shall continue for the duration of this Agreement so long as external factors outside the Companys control do not prevent the Company from doing so Drivers shall be entitled to cash their charges provided they do not have any outstanding balances at the offices of the Company during the hours of 0830am to 400pm Monday to Friday except holidays The Company shall make available to the employees during normal business office hours receipt cards and credit card slips All credit card charges must be authorized

Drivers shall pay a fee of five (5) of all credit card charges that they redeem

Except as otherwise provided in this agreement all passengers shall be treated in a polite professional courteous and businesslike manner at all times by both the Owners Group and the employees

If requested a properly signed receipt shall be furnished by the owner for all payments made by the driver (If requested said receipt shall show a breakdown of all payments made by the driver and the dates for which they apply) For the purposes of this clause a numbered computer receipt shall be deemed to be signed

The employees who own their own vehicles whether or not they own their own license shall have absolute choice as to where their vehicle is to be repaired andor maintained

No employee either full-time or part-time shall abuse or mistreat any vehicle or equipment (ie roof sign radios meters and aerials)

The Owners Group agrees to work with the Union to lobby the City of Ottawa to allocate stands where necessary and appropriate

The Company agrees to provide the Union with the rules covering the stands controlled by concession agreements

Collective Agreement ccCompanyraquo Page 36

bull

2808 Subject to the provision of adequate insurance coverage all car owners shall be free to place a second driver or a third driver on their vehicles should they require without interference from the Company

2809

2810

2811

2812

2813

2814

In the event the Company refuses an individual employment as a second driver or as a third driver the Company agrees that such refusal may be the subject of a grievance and the onus of proof shall rest with the Company to show just cause for such refusal

The parties agree that no vehicle will have more than three (3) drivers at any one (1) time

The Company shall take reasonable steps to maintain all current concession agreements for the duration of this agreement The Company shall take all reasonable steps to obtain additional concession agreements

The Company shall have a phone line separate from the dispatch office so that drivers business people friends of the office staff may call through middot without having to tie up the dispatchers time The separate phone line may be used by the dispatch office during non-business hours

Time-off without rental fees or loss of seniority will be given to those members of the bargaining unit who are called for jury duty Rental driver(s) must park their rental vehicle(s) at the Companys premises should the jury duty go beyond three (3) days

The Company shall maintain a drivers waiting area As well the Company shall allow the drivers to use the telephone in the office for local calls only pursuant to the current past practice

In the event of an assessment to the CompanyOwners Group by WSIB in relation to the provision of WSIB benefits for the Bargaining unit personnel the CompanyOwners group and the Union agree to renegotiate in good faith the rates set out in Article 2703 Where the parties fail to reach agreement on the issue the matter shall be referred to an arbitrator for full and final settlement

When a customer complaint is received by the dispatcher the latter will advise the customer that an authorized representative of the Company will handle the complaint in an expeditious manner Upon request by the Union the Company shall provide a copy of the computer printout and all other relevant information including but not limited to any taped conversation related to the complaint being investigated The privacy of the customer is paramount and will at all times be respected

Collective Agreement ccCompanybullbull Page 37

2901 (a)

(b)

ARriCLE 29 BEREAVEMENT LEAVE

The Members of the Owners Group agree to grant affected employee(s) the necessary time off of up to four (4) days without fees at the time of death of the following relative(s) of said employee(s) father mother spouse (includes common-law) child brother sister mother andor fathershyin-law

The Members of the Owners Group further agree to grant to affected employees two (2) days without fees at the time of death of the following relatives of the employee sister andor brother-in-law and grandparent

ARTICLE 30 SOCIAL JUSTICE FUND

3001 The Company shall pay to the Union an amount of eight hundred ($80000) dollars per collective agreement year with such amounts being made payable to the CAW Social Justice Fund Inc Said amounts shall be paid by separate cheque by the last day of February in each year of this collective agreement A tax receipt shall be supplied to the Company on receipt of said amount

ARTICLE 31 SAFETY BANQUET

3101 The Company agrees to contribute seven hundred and fifty dollars ($75000) to the Unions annual Safety Banquet in each year of the Collective Agreement

SIGNED THIS DAY OF APRIL 15 2012

FORTH~

~~

Collective Agreement laquoCompanyraquo Page38

Collective Agreement laquoCompanyraquo Page39

SCHEDULE 11 A 11 LIST OF THE OWNERS GROUP

Coventry Connections Inc

Collective Agreement ccCompanyraquo Page40

SCHEDULE nan EXISTING CUSTOMS RIGHTS AND PRIVILEGES

1 There shall be no charge for the receipt cards

2 There shall be no charge for credit card vouchers subject to suppliers (third party) availability and conditions Should the Company pursue a course of action leading to Point of Sale terminals which usage will include Debit transactions Decremental Cards and Credit Cards there would be a charge for paper usage

3 The drivers shall choose their own working hours during their shift

4 Reasonable accommodation shall be given to payment of outstanding debts for accident(s) The following minimum payments are required

A) Up to $1 00000 - $ 1 000 per day

B) Over $100000- $2000 per day

Agreed to on the understanding that this does not apply to spare cars

Collective Agreement laquoCompanyraquo Page 41

SCHEDULE C RULES AND REGULATIONS

1 The following articles of clothing are not acceptable forms of attire at OJS

(a) Sweat pants and shorts except for dress shorts Dress shorts will be allowed from April to Labour Day Drivers caught wearing inappropriate shorts will be given one (1) warning and any future occurrence with regards to inappropriate shorts will cause them to lose the right to wear dress shorts for the duration of that season Shorts can be no shorter than three (3) inches above the knees

(b) T-shirts (except Union decaled T-shirt) without lapels tank tops and muscle s1middot1irts

NB Clothing andor other attire with obscenities profanities or sexually degrading remarks are not acceptable Hair must be clean and neat Faces must be clean-shaven or beards neatly trimmed Clothing must be tear and rip free with no visible patches and is to be cleaned and ironed as required Socks must be worn at all times with all types of footwear except for sandals

2 Drivers must be courteous and pleasant at all times and must conduct themselves in a professional business-like manner

3 There is to be no abusive foul language or gestures directed at customers or the general public

4 Consumption of alcohol or drugs will not be tolerated prior to the commencement of a shift andor while driving

5 There wiil be no arguing and fighting among drivers or other DJs personnel under any circumstances

6 No playing of cards or any other games of chance is allowed at any time when working This includes any form of gambling or betting on the air

7 Profanity or abusive language on the air or in your vehicle is prohibited at all times

8 Use of cell phone during the conveyance of a customer(s) is prohibited

9 Each taxicab and driver shall carry at all times a current street guide Drivers are to make proper use of this guide to avoid unnecessary air time

Collective Agreement ccCompanyraquo Page42

10 Deliveries are to be taken directly to the destination Running other fares while occupied on deliveries will not be permitted unless approved by the dispatcher

11 No messages between drivers are permitted Drivers will receive messages to call home spouse office union office partner or garage

In addition When an authorized Union rep asks the dispatcher to have a member of the bargaining unit call them for union business only this will be allowed and if necessary a phone number will be given

12 Picking up a fare while on the way to an accepted dispatch call will not be permitted

13 Drivers must allow 5 minutes wait at the customers pick-up address

14 Drivers shall take reasonable steps to ensure that they pickup only those fares that they are dispatched to Drivers must check with dispatcher for authorization before taking another fare from same address

15 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical breakdown emergency or any other reason(s) not herein listed the dispatcher shall reshydispatch the fare and suspend the driver for one (1) hour

16 Interference or jamming of the radio is a Federal offence and will not be tolerated

17 When necessary drivers must assist customers with handling of baggage and opening and closing of doors

18 No complaining to customers about short fares or time calls A list of regular short fares will be established and such fares shall be dispatched as Locals

19 At customers request music radio and other sound systems except for the twoshyway radio must be turned off

20 Driver must issue a receipt card upon request by customer Drivers signature must be clearly marked in the appropriate place on the receipt card There is no charge for the issuance of a receipt card

21 No new driver is to commence work until he has been briefed by OJS staff in the operating of our charge account system

22 Some of the guidelines in the operation of our charge account system are as follows

Collective Agreement laquoCompanyraquo Page43

(a) All charges are to be signed with car number (eg-DJ70) and date clearly written

(b) If the fare goes to more than one destination these other destinations are to be clearly marked on the reverse side of the chit

(c) Taxi chits to be signed by the customer and dollar value to be clearly marked

(d) Gift certificates which currently have a maximum value of $500 each are to be accepted at face value and change given as required

(e) Drivers must note on back of chit the drop offpick up address if it is different from address shown on face of chit

Drivers are prohibited from buying other drivers charges whether they be DJS drivers or other cab Companys charges Violation of this rule shall result in the following fines

1st offence -2d offence bull 3rd and subsequent offences-

$5000 per chit $10000 per chit $20000 per chit

plus the face value of each chitCredit Card in all cases

The parties agree that the above penalties are specific penalties within the meaning of the Ontario Labour Relations Act An Arbitrator shall not have the power to alter or modify any penalty imposed under this clause

(f) Drivers must accept all major credit cards approved by OJS Taxi

(g) Drivers are responsible for ensuring that all necessary information is clearly marked on charge vouchers as follows

bull Customers name and signature bull Card number (correct number of digits) bull Expiry date bull Drivers signature and car number (eg-DJ70) bull Ensure proper copies of charges are submitted to the Company for

processing bull No hand written major credit card sales drafts will be accepted

23 All cars are to be cleaned inside and out by 1000 am every day with due regard given to road and weather conditions

Collective Agreement Page44

24 All drivers must ensure that they have change for $2000 at all times and will not be removed from the sheet while getting change provided they are not called

25 No taxicab driver shall charge a passenger for

(a) The cost of proceeding to an establishment for change or

(b) Waiting time while a passenger obtains the change provided the bill presented for payment is of $2000 denomination or less

26 No vehicle to be left unattended with keys in the ignition

27 No person(s) unless authorized by the Company shall accompany the driver in the vehicle while heshe is occupied with a paying fare

28 Taxis must not be left unattended on a OJS taxi concession stand for more than ten (1 0) minutes

29 Only au~horized drivers with valid licenses can operate a taxi-licensed vehicle

30 Roof sign must be removed from vehicle when not on duty or involved in an accident

31 ALL DRIVERS ARE ADVISED THAT IT IS AGAINST THE LAW AND OJS TAXI COMPANY LIMITED POLICY TO REFUSE DOG GUIDES IN THEIR CABS REFUSAL WILL RESULT IN FINES AND DISCIPLINARY ACTION BY THE COMPANY

1st offence - 1 week suspension 2nd offence - 2 weeks suspension

3rd offence - Dismissal No longer working under the OJS roof sign

Accommodating Persons with Disabilities

The Management of OJS Taxi wishes to advise all its employees drivers and others operating under the OJS Taxi roof sign of the OJS Taxi policy with respect to blind passengers whether or not they use dog guides

Under the Blind Persons Rights Act of Ontario no person may either deny any person services customarily available to the public or discriminate against any person with respect to services available to the public for the reason that they are a blind person accompanied by a dog guide

Under the Ontario Human Rights Code every person has a right to equal treatment with respect to the supply of services which includes taxi services

Collective Agreement laquoCompanyraquo Page45

bull

without discrimination because of among other things a disability A disability includes any physical impairment such as being blind visually impaired deaf or hard of hearing

Guide Dogs and Taxi Services Many disabled persons are physically dependent on guide animals in their daily activities Canadians who are blind or visually impaired deaf or hard of hearing or who have other types of disabilities such as epilepsy are dependent on guide animals

Accommodation of these individuals necessitates that they be permitted to take their guide animals with them into taxi cabs Refusing to allow them to do so will infringe on their human rights and is against the Blind Persons Rights Act of Ontario and the Ontario Human Rights Code

This notice will simply repeat what should be apparent to you all that if a blind person with or without a dog guide is refused services by any OJS Taxi driver such actions will result in fines to the driver and other disciplinary action including the possibility of suspension by the Management of DJs Taxi Co Ltd

For more information regarding guide animals please review the attached pamphlet and information sheet published by Dog Guides Canada

Any inquiries concerning this policy should be directed to any member of the Management who will if it is required explain the policy to you

32 Drivers are not allowed in the dispatch office

33 All parking tickets will be paid by the rental driver responsible

34 In order to boost with Company owned taxicabs employees must request an obtain instruction from the garage manager or his designee on the proper method of boosting in order to reduce any risk of injury to the driver passenger and damage to the vehicle(s)

In the event of misuse employees at their discretion may be either disciplined in accordance with the principle of progressive discipline or have the option of reimbursing the Company for the cost of damaged parts

35 Any driver operating a taxi while his drivers license or taxi license is under suspension will be disciplined unless the driver can obtain written proof from the Ontario Ministry of Transport andor the appropriate taxi licensing authority that the driver did not receive evidence that hisher license was suspended or cancelled

36 When necessary or requested all elderly andor disabled customers are to be assisted in and out of taxicab at all times

Collective Agreement laquoCompanyraquo Page 46

37 No stealing fares

38 Drivers are not allowed to book no loads and run the fare

39 Drivers cannot refuse dispatched fares subject to article 1304 andor where the driver believes his safety or health is at risk

40 Failure to come to voice after two (2) requests by the Dispatch Supervisor will result in the Driver being suspended in the computer

41 Dispatch staff will not make phone calls for drivers unless it is an emergency situation

42 There shall be no personalization of any fares or trips placed through the Dispatch System of OJS Taxi except for returns east of but not including the Civic Hospital within the same twenty-four (24) hour period Where a return-call has been prearranged through the Dispatch System prior to the initial call being dispatched then the return-call cannot be personalized

43 Drivers will pay monies owed to the company by 400pm on the day that they are due No driver with an outstanding balance will be allowed to book on the sheet until their account is paid in full to the business office This means credited to their account and a receipt issued

44 Dispatchers shall give the line-up every thirty- (30) minutes except for the months of December January and February On implementation of the Computerized Dispatch this clause will be eliminated

45 All deliveries shall be given out as regular calls except where provided in this agreement and all employees shall have the option to refuse to deliver alcohol When a dispatcher requests a driver to call him for information concerning a delivery the dispatcher will first give the delivery address over the radio to ensure the delivery is being dispatched correctly

46 When drivers book out of their cars to attend scheduled complaint meeting appointments they shall be allowed to remain in their spot on the line up queue passed by for fares and treated by the dispatch as if they are no longer on the sheet

When the affected driver returns to his car and books back in he shall be returned to his position in the line up queue and given his next rightful fare

The maximum time a driver shall be allowed to book out for a complaint meeting is one half-hour

Collective Agreement laquoCompanyraquo Page 47

This rule shall only apply if the affected driver does not incur any discipline as a result of the complaint meeting

47 All cabs at DJS Taxi must have a mike clip and the clip must be used Drivers must pick up their mike when communicating

48 Drivers using vans as taxicabs must have and make use of (when requested or required) a portable step to assist passengers in and out of their vehicles

49 All taxicabs must be free of any body damage and any damage must be repaired within ninety- (90) days

50 Roof signs must be kept in good working order and condition with Company approved logo clearly visible front and rear

51 In order to ensure equipment is compatible with computer dispatch system all new radio equipment must be approved by the Company prior to installation

Collective Agreement laquoCompanyraquo Page48

SCHEDULE D CREDIT CARD POLICY amp PROCEDURES

DRIVERS MUST ACCEPT ALL COMPANY APPROVED CHARGES CREDIT AND DEBIT CARDS

DRIVERS MUST HAVE A POINT OF SALE UNIT AND A MANUAL PRINTER PER CURRENT BYLAW CITY OF OTTAWA

Due to the increased use of fraudulent Credit Cards by customers in taxicabs the following procedures have been developed to protect drivers from falling victim to Credit card fraud When accepting Credit cards the following rules must be followed

Credit and Debit Cards- the following rules must be followed

AUTHORIZATION OF ALL DEBIT AND CREDIT CARDS

All Credit Card slips must be authorized regardless of amount Verification is generally done after the fare is completed but verification of an estimated or known amount can be done prior to the completion of the trip if

bull The destination is beyond the radio coverage area bull The driver has reason(s) to suspect the validity of the card

INFORMATION REQUIRED FOR ACCEPTANCE OF DEBIT ANDOR CREDIT CARD SLIP FOR PAYMENT The completed Credit Card slip must contain all the following information

(a) Vehicle Number (pre-printed on POS slip if not to be written by hand at the bottom of the slip)

(b) Drivers ID Number and Initials (c) Amount of fare and gratuity (if applicable) (d) Authorization number (Pre-printed on POS slip) (e) Date of the fare (Pre-printed on POS slip) (f) The Debit or Credit Card must be swiped at all times (in the event that the

receipt does not print imprinting Credit Card only on manual imprinter is acceptable with customers signature but the imprint of the card number has to be clear) In the case of a swiped transaction part of the card number will display per Credit and Debit Card industry rules

(g) Customers signature clearly written (Credit Card only) marked TRANSACTION COPY We will accept the CUSTOMER COPY as long as it has the customers signature Debit POS slips are to be submitted marked TRANSACTION COPY NO SIGNATURE IS REQUIRED

Collective Agreement laquoCompanyraquo Page49

DISPUTES BY A CUSTOMER

Should a debit or credit card slip be disputed by the customer their bank or other financial institution the company will investigate If such investigation proves fraud or error by the driver the driver will be charged back for the full amount of the charge

If the disputed transaction was processed on a non-company unit a $500 plus HST charge plus the value of the charge will be debited to the drivers account The Company will refund the customer for the value of the charge

Should a customer andor driver report that the charge has been approved more than once the Company will investigate The Company does not allow any refunds in the taxicab Drivers can void a transaction but this must be done before Batch Closing the transaction A Void can only be done in the presence of the customer as the card (debit or credit) must be present The driver can then re-swipe the card for the correct amount The Company publishes a toll free number for customers or drivers to call with any concerns about a transaction If a customer has been charged more than once for the incorrect amount the following procedures apply

Credit Card

The Company will verify that the customer was charged multiple times or has been over-charged and issue a refund as necessary The Company will send a copy to the customer upon request All refunds are processed on a Point of Sale unit or Virtual Merchant (on-line) The Company may contact the driver to determine the validity of the customers details

Debit Card

The Company will verify that the customer was charged multiple times or has been overcharged and issue a cheque refund as necessary The Company keeps a copy of the cheque issued

GENERAL INFORMATIONGUIDELINES

1 If the driver has overcharged the customer and has been paid the incorrect amount the Company will adjust the drivers account and provide a receipt The Company maintains a log in the even there is a dispute by the driver or the customer If the driver reports the overcharge that is logged on a Customer Incident Form which has a Control Number

2 Hand written Credit Cards will not be accepted All Credit Cards must be passed through a manual imprinter which clearly shows the full credit card number If the credit card number is not clear and cannot be authorized

Collective Agreement laquoCompany Page 50

the driver will face debitchargeback of the amount as it cannot be authorized

3 The only Credit Cards accepted by Taxitab a division of Coventry Connections Inc are

i Visa ii Mastercard iii American Express

Note Visa Mastercard and American Express all issue prepaid credit cards these are all accepted

4 Taxitab a Division of Coventry Connections accepts Debit Cards for Canadian Financial Institutions Debit Cards for foreign banks may not

work on the unit Visa Mastercard have commenced issuing Debit Cards these are all accepted These cards are clearly marked on the face of the card with the Visa and Mastercard logos

5 The following items are to be checkedverified by the driver upon presentation of a Credit Car (a to d) Debit Card (d only)

CHECK LIST

(a) Expiry Date Ensure the card is valid Check to be sure that the Card is not being used beyond the expiry date printed on the card If the card is expired refuse to accept it

(b) Altered Cards Check to see if the card has been noticeably altered in any way If it has been refuse to accept it

(c) Card holders name and signature Check that the signature on the Credit Card slip is the same name printed on the card At the same time check that the signature is the same as the signature on the rear of the card If there is no signature on the rear of the card ask the customer to sign it as you are required to check this

If in doubt ask to see some other form of identification (preferably one with a picture and signature) that ensures that the person using the card is who they say they are

(d) Amount of fare and gratuity (if applicable) The amount of the Debit or Credit card slip must be equal to the amount of the fare and the gratuity (where applicable) Each amount should be entered in their respective places and only by the customer unless otherwise directed In the case of a Debit Card customer must always enter their PIN number to

Collective Agreement ltbullCompany Page 51

authorize the card Drivers must remind customer that the TIP field comes first followed by the PIN number

(e) $150 Surcharge

Debit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated by the City of Ottawa By-Law The $150 charge is prompted by the point of sale unit automatically The Driver receives 65cent of the $150 for every transaction

Credit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated in the City of Ottawa By-Law The $150 charge is NOT prompted by the point of sale unit automatically The driver adds the $150 to the metered amount and enters this total in the base amount field

6 CAUTIONS

7

(a)

(b)

(c)

Bank Card only have the Bank name on the card

Credit Cards are identified by the VISA MASTERCARD AMERICAN EXPRESS OR DINERS CLUB-ENROUTE symbols Only Cards with these symbols will be accepted

Credit Cards will have a holographic image on the face of the card

CASH ADVANCES

The use of Credit Cards for cash advances in the taxicab is not permitted Credit Cards must only be used in the taxicab for paying for an actual fare Anyone using a Credit Card in a taxicab to obtain cash advance is most likely using a stolen or fraudulent card

8 OUT OF TOWN FARES

For the drivers protection it is suggested that for fares going out of town and the customer wishes to pay by Credit Card it is recommended that the driver authorize the fare at the beginning of the trip (dispatcher can give an estimated amount) If there is a difference process the difference at the end of the trip There is a pre-authorization feature available for Credit Card only on the Point of Sale unit The Company can activate this on driver request but the driver must be

Collective Agreement ccCompany)) Page 52

bull

9

given correct training for this There are several steps involved with pre-authorization that must be followed before batch closing

BATCH CLOSING

Drivers must close transaction in the terminals at the end of their shift Credit Card authorizations only remain in the terminal for five (5) days after that the processor closes them automatically Drivers must batch close all credit cards no later than four (4) days in order for the items to appear on the batch close report

Batch Close reports will print separately for Debit and Credit Cards and list the details of the transactions in the terminals showing the card type and the last four (4) digits of the card involved This Batch close cannot be reprinted drivers must hold on to them Attach the slips to the Batch Close and bring to the cashier The cashier will verify the attached slips are on the batch close and proceed to pay or credit the driver assuming all slips are authorized and complete (as discussed above under (1) Authorization Procedures)

The following circumstances regarding Batch Closes will apply

(i) Batch Close with All Debit and Signed Credit Card slips- Driver will be paid or credited at time of presentation at a cashiering station

(ii) Batch Close- No Debit Slips if the batch close shows a Debit Slip and the driver has misplaced or lost the slip the Driver will be paid or credited at the time of presentation at a cashiering station

(iii) Batch Close No Credit Card Slip- No Slip No Payment at time of cashiering (driver is to go to Driver Admin in this instance) If the driver has a signed manual slip and the last 4 numbers of the card match those on the batch close the slip will be accepted by the cashier

NO BATCH CLOSE REPORT -If a Driver has lost or misplaced Batch Close report the Driver is to go straight to Driver Admin (not cashiering) The Driver is to bring the receipts (if there is a credit card slip with no signature there is a separate procedure for this below) he has for which he has not batch close Driver Admin will initiate a Batch Close Incident Report which has a Control Number for future reference The Procedure is as follows

(i) Driver Admin to Photocopy all Slips and write the Control from the Batch Close Incident Form on the photocopy and date the sheet The

Collective Agreement ccCompanyraquo Page 53

bull

bull

Driver is to keep this in the event of a dispute or apparent nonshypayment in account

(ii) Driver Admin will complete the top copy of the report attach a copy of the slips The Driver will complete the bottom part of the report and sign it

(iii) Management will need 72 hours (three business days) from the date of Incident Report to investigate the transaction has been settled in the POS unit

(iv) Providing Management confirms the transaction is complete the slips will be credited to the Drivers account and a receipt will be printed A copy of the receipt is attached to the Batch Close Incident Report The Control from the Form is entered when the the amount is credited for reference A receipt can be printed at that time by cashier

(v) In the event that a driver does not have a Batch Close and presents a credit card slip with no signature the following will apply

(vi) If the Driver experiences a problem with the Batch Close or operation of the unit the Driver is to bring the unit to the office during normal hours Management will investigate the issue and call Driver to reshyissue the unit completing paperwork for the replacement unit which the driver will sign

Any driver attempting to defraud a customer by processing a debit or credit slip more than once will be terminated

Collective Agreement laquoCompany)) Page 54

bull

bull

SCHEDULE E STOLEN FARE POLICY

Whenever the Dispatch Supervisor receives a complaint that a fare either dispatched to the complainant or from within the same block of taxi standconcession on which the complainant is parked has been stolen and the identification of the accused is made known the Supervisor shall

(a) Bring the accused to voice and notify himher of the allegations

(b) Inform the complainant that a deposit of forty dollars ($4000) must accompany his accusation and to be deposited within one (1) hour of the complaint Where applicable inform the complainant that the accused wishes to challenge the allegations and the date and time of the hearing shall be known to both parties

(c) A failure of either party to attend the hearing will result in an additional fine of forty dollars ($4000) to be paid within sixty (60) minutes of the conclusion of the hearing or a suspension ob the absent party until payment is received

(d) Inform the accused of the available options

(i) Arrange for repayment of the fare in its entirety to a minimum of forty dollars ($4000) to the complainant a Union representative or the Company on behalf of the complainant within sixty (60) minutes or

(ii) If the allegation is being denied and the accused wishes to refute it forty dollars ($4000) must be deposited at the dispatch office within sixty (60) minutes with a notification to the Dispatch Supervisor that the allegation is being challenged

Where the accused fails to respond to two (2) voice messages or refuses to comply with (c) the accused shall have dispatch services suspended until in compliance or the Company receives instructions from a Union Representative to do otherwise

The penalty for a wrongful accusation is the payment of forty dollars ($4000) to the accused by the accuser in addition to the return of the accuseds deposited payment

It is understood and agreed that the action(s) of the Dispatch Supervisor(s) in the compliance of this Policy is not to be construed as a determination of who is the guilty party In all disputes regarding stolen fares the Committee shall make the final determination with respect to guilt

Collective Agreement laquoCompany Page 55

bull

bull

Note Such fare(s) will not be considered as Stolen Fare(s) if picked up by driver(s) arriving on the Concession(s)Taxi Stand(s) prior the driver(s) who accepted the dispatched fare(s)

Collective Agreement ((Company Page 56

bull bull

APPENDIX 1

PLATE CAR LESSEE IND START LESSEE START

1 1027 5027 ADAM GRANT 1 91111986 111987

2 1015 5015 TIMS VAUGHN 411995 411995

3 1043 5043 MARTON FERENC G 10251995 10251995

4 1050 5050 DUBOIS JOHN 12111994 311996

5 1048 5048 SUNIL JOSHI 1111994 711996

6 1030 5030 SLIM MOHAMED 711996 7111996

7 1041 5041 JAMALEDDINE ZAHER 911996 911996

8 1040 5040 MAHEUX FRANK 11151996 181997

9 1109 1 5109 ASTLEY JAMES 1011994 1131997

10 1045 5045 MELHEM SAMIR 1211996 9211997

11 1028 5028 LABINE ANTHONY 10151980 11281997

12 1054 5054 ELmiddotNEMER NEMER 11131997 21271998

13 1113 5113 WEAGANT BROCK C 82211988 3131998

i

14 1039 5039 SOBH HAC HEM 11171997 5111998

15 1044 1 5044 MOUFARREJ RAYMOND 10241996 1161998

16 1042 5042 MCCONVILLE BILL 311992 11111998

17 1107 5107 GIANNAKOS LOUIS I 9111997 491999

18 1026 5026 VERMA LALIT 51261996 5311999

19 1033 5033 MITCHELL BRUCE 111987 9301999

i

20 1108 5108 PAPPAS CHRISTINE 121111991 1041999

rmiddot 1014 5014 NYTRA BEDRICH 961996 3302000

22 1000 5000 ABOUmiddotARRAG SAM I 611997 7132000

23 1038 5038 MUNROE JOHN 1111977 492001

24 1022 5022 RADULESCU GELU 611999 5232002

25 1139 5139 HASSOUN I MOUFID 71211999 8152002

26 1006 5006 SADER I GHASSAN 6211999 292004

27 1029 5029 CLAYTON GREG 911980 21132004

Collective Agreement ccCompany Page 57

bull

28 1034 5034 IBRAHIM 12301995 4302004

29 1037 5037 ABDALLA HASSAN I 3312000 2202006

30 1010 5010 HASSOUN AD NAN 8272001 312006

31 1031 MASSOUD 1241998 312006

32 1 1o35 5035 JANCO 911992 362006

1 33 1036 5036 SINGH BALWANT 92211999 3172006

Collective Agreement ltltCompanyraquo Page 58

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 25: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

1603 A rules committee consisting of up to three (3) representatives of the union and of up to three (3) representatives of the owners group shall meet at a mutually agreeable time frame upon the request of either party within thirty (30) days for the purpose of negotiating changes to existing rules and for discussing any new rules prior to their implementation

1604 To address advertising the parties agree to establish an Advertising Committee of equal representation to meet at mutually agreeable times upon request of either party within fifteen (15) days of notice being given by either side The Committee shall be responsible for a budget of $2625000 over the term of this collective agreement which sum shall be spent to advertise and promote the DJs business

The parties must agree when and how the advertising will be allocated However the parties agree that advertising would include

bull Flyers bull Newspaper Ads bull Promotional Items (eg fridge magnets) bull Radio

ARTICLE 17 SAFETY AND HEALTH

1701 It is understood and agreed that driver safety is important to the individual employee and to the industry as a whole The Owners Group and employees agree to exercise their rights and to fulfil their obligations in accordance with this understanding The Owners Group will continue to encourage and welcome safety recommendations for the safety and health of drivers during their working hours

1702 The employer shall supply only safe and roadworthy vehicles and the equipment contained therein and the vehicles themselves shall be maintained in good working order Each rental vehicle shall meet the mechanical fitness standards as defined in Provincial legislation

1703 The Company agrees to pay the premiums to an insurer chosen by the Company to provide term life insurance coverage in the amount of ten thousand dollars ($1000000) for all employees provided that the affected employee has a minimum of one (1) year seniority under the DJs Taxi roof sign and is actively working on the day he attains this one ( 1) year seniority

All claims and payments shall be in accordance with the terms of the master policy of the insurer and the Company shall not be liable for any

Collective Agreement laquoCompanyraquo Page 23 middot

bull

non payment by the Insurer This insurance coverage will not be provided to any driver who is 65 years or older at any time during this agreement

The Company shall aid in collecting monies by allowing a cash donation box to be set up at their office for driver(s) involved in serious accidents The Company shall not be responsible for said box

1704 The Company shall supply a safety shield for the company owned rental vehicle when requested by that driver

All rental drivers who request a shield must continue to operate on a vehicle that is equipped with a safety shield so long as said driver is operating under the DJs roof sign provided one (1) is available Company rental drivers working with a shield shall have the option of refusing to operate any spare rental vehicle not equipped with a safety shield However once a driver accepts a spare rental vehicle not equipped with a shield he will be deemed to have given up his right to exercise this option on the same shift

ARTICLE 18 WORK WEEK

1801 The Owners Group agrees that the employees shall determine their work week subject to the provisions of this agreement

1802 The Owners Group agrees that the work week shall be based on seven (7) days

1803 Rental drivers shall pay their weekly rental over six (6) days and have the use of the vehicle for seven (7) days

1804 Stand rents for car owners shall be calculated weekly paid monthly or weekly at the discretion of the employee but limited to one change in the payment structure per calendar year Any reduction is to be calculated on a weekly basis and there shall be no reduction given for anything less than seven (7) consecutive days off except where provided in this agreement

1805 Shifts shall be mutually agreed upon by the partners on the vehicle and in case of dispute shifts shall commence at 400am and 400pm The change-over location shall be mutually agreed to by the partners on the vehicle and in case of dispute change over shall be at the Companys office

ARTICLE 19 STATUTORY HOLIDAYS

Collective Agreement laquoCompanyraquo Page 24

1901 (a)

(b)

All rental drivers (12 amp 24 hours) of the Owners Group shall be entitled to the following days off provided that they have worked more than three (3) consecutive months under the Companys roof sign

All single plate owners (SPO) and single plate lessees (SPL) shall be entitled to the following days off provided that they have completed three (3) months of service under the Companys roof sign and they shall not be charged plate rent or stand rent for said statutory holidays

Employees meeting the criteria outlined in (a) and (b) above shall be given credit for said days whether they choose to work or not Credits for statutory holidays shall be given at the time that payment is made for the period covering the day of the holiday

New Years Day Family Day Good Friday

Victoria Day Canada Day Labour Day

ARTICLE 20 TIME OFF

Thanksgiving Day Christmas Day Boxing Day

2001 All rental drivers (12 amp 24 hours) shall be entitled to four (4) weeks annual time-off

All single plate lessees (SPL) shall be entitled to five (5) weeks annual time-off for which they shall not be charged stand rent for time-off taken During said time-off heshe shall not be charged plate rent for the first four (4) weeks

All single plate owners (SPO) shall be entitled to seven (7) weeks annual time-off During this period they shall not be charged stand rent

SPOs and SPLs outlined above will be granted their requested time-off entitlement provided they have no balance owing and provided that a minimum of one (1) week written notice is given to the individual Member of the Owners Group (MOG) and the Company and provided further that said drivers have a minimum of one (1) completed year of uninterrupted service under the Companys roof sign

In cases of accidents and major breakdowns involving SPO and SPL no notice period will be required for time-off and credits for such time-off will be based on daily increments

Where a SPOor a SPL has used all hisher allotted time off and said SPO or SPL has an accident or major breakdown heshe will be given up to a maximum of ten (1 0) additional days of time off and during said time

Collective Agreement laquoCompanygtbull Page 25

heshe shall not be charged any stand rent subject to proof of inoperability of the vehicle being provided

In the case of SPOs and SPLs extended time-off will be allowed for overseas trips All rents must be paid in advance to cover the time off for the extension

Explanation Car owners time off is only when the car is off the road If the SPO or SPL puts a driver on the car it is not considered part of this time off

2002 Single plate owners and single plate lessees will be responsible for arranging for time off for their drivers

2003 Time off may be taken weekly or bi-weekly at the employees discretion Provided further where the employee has taken a minimum of one (1) week heshe may take additional days) of less than weekly increments) in conjunction with the one 1) week

2004 Time off must be taken during the calendar year and cannot be accumulated over more than one calendar (1 year

2005 The MOG SPL and SPO agree that roof signs taxi plates and all other items (computer equipment will remain with the Company during the employees time-off and in the case of rental drivers the rental vehicle will be returned to the vehicle owner

ARTICLE 21 INSURANCE

21 01 Every car owner has the right to obtain insurance from the broker or Company of their choice without interference from the Owners Group

2102 The Owners Group shall upon written request from an employee who is presently insured by a member of the Owners Group provide written details of claim settlements and accident records

2103 The Company shall provide at no extra cost motor vehicle insurance coverage with collision provision deductible not exceeding $75000 or the cost of repair whichever is less for each at fault accident

21 04 The Company shall provide at no extra cost comprehensive coverage with zero deductible including but not limited to middotfire and theft It is agreed and understood that comprehensive coverage does not cover driver owned equipment

Collective Agreement Page26

21 05 The Company shall provide accident benefit coverage as set out in the OAP 1 of the Ontario Automobile Insurance Act and shall abide by the guidelines and statutory conditions as set out by the Insurance Company with whom the Company is insured

2106 With respect to Articles 2103 2104 and 2106 above which applies to accessible shift vehicles only) the Companys obligation is to provide insurance coverage only Any determination of whether a driver is entitled to insurance benefits andor whether a claim shall be paid or denied in any given situation shall be the sole and exclusive responsibility of the Insurance Company

2107 A driver who is insured through the Company shall provide the Company with a Motor Vehicle Drivers Abstract one month before the annual renewal of the Companys insurance policy A driver shall provide additional Motor Vehicle Drivers Abstracts as requested by the Insurer

21 08 The Companys insurer may judge a driver to be a high risk and may assess a surcharge accordingly A driver who is found tomiddot be a higher risk will bear the cost of any such surcharge

21 09 A driver insured by the Companys insurer who is involved in an accident shall regardless of whether he or she was at fault notify the dispatcher immediately The driver shall indicate whether the accident should be reported to the police and whether the customer or driver require medical attention Following notification of the dispatcher the driver shall remove the roof sign from the vehicle and record to the best of his or her ability all relevant information The driver shall bring the relevant information to the office within 24 hours of the incident excluding weekends and holidays)

2110 Drivers are responsible for the replacement of all lost or stolen antennae andor roof signs

2111 The Company shall pay the full El payments for all rental drivers In the event of an increase in the premiums during the life of this Collective Agreement drivers shall pay the drivers share of the increase

2112 All drivers who are insured through the Company obtained insurance must sign the Companys insurance agreement prior to commencing work The Company shall provide insurance agreements with no more than a $75000 deductible to be paid after the accident The amount shall be paid at the rate of $1000 per shift until fully paid

Collective Agreement ((Companyraquo Page27

ARTICLE 22 TAXI PLATE SALES

2201 1 Members of the Owners Group shall be able to sell plate(s) in the following manner

2202

(a) A notice of its intent to sell plate(s) shall be posted and announced over the dispatch system for a period of three (3) days and shall be offered to the lessees and rental drivers in the bargaining unit

(b) Where there is more than one interested applicant the plate(s) shall be offered based on seniority and plates sold shall be the plate of the most junior lesseedriver

Where the sale will result in the layoff of a driver that driver shall be recalled prior to any new hires by all Members of the Owners Group

2 Where there are no applicants the Member of the Owners Group will sell the last leased plate at their discretion Any driver laid off shall be recalled prior to any new hires by all members of the Owners Group

3 Sale of More Than One Plate at One Time

4

5

The Owners Group has the right to sell to whomever they choose provided that no one is displaced

In the event that the most junior lessee is displaced as a result of the sale of the plate the Company agrees to pay to the displaced lessee no more than fifty-five thousand dollars ($5500000) in the first year of this Agreement and according to the succession plan as outlined in article 23 for the following years of this Agreement This would apply only if the said lessee has complied with the succession plan as per article 23

An individual Member of the Owners Group shall not require any of his drivers to give up their rights under this Agreement and work under another roof sign without the drivers written consent given before a Notary Public for Ontario The Union shall be supplied with copies of the consents

In the case where a Member of the Owners Group is leasing a taxi plate and the Member of the Owners Group has a car under this plate and this vehicle is then rented out on a 12 or 24 hour rental this article then does not apply The Owners Group cannot be held responsible for any damage or compensation that may arise from the actions taken by the 3rd party

Collective Agreement laquoCompanyraquo Page28

2301

2302

2303

1

2

3

4

ARTICLE 23 SUCCESSION AND TAXI PLATE LEASES

Definition

The process by which the lessee of a Company-owned taxi license plate having determined that heshe wishes to retire andor otherwise terminate hisher relationship with the Company and having officially notified in writing both the Union and the Company of hisher intention to do so offers the opportunity to hisher driver to be the lessees successor all in accordance with the conditions sot out in this Article

In order to be eligible to offer a lease for succession the lessee must have been a party to a valid taxi plate Leasing Agreement with the Company for a minimum of one (1) year and have two (2) years of continuous uninterrupted service operating a taxi vehicle under the Companys roof sign The lessee must also be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

In order to qualify as a successor the driver must be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

An offer for succession shall follow the following order

No offer for succession can be made until the day after the final version of the seniority list as outlined in Appendix 2 has been agreed upon and signed-off by the Parties

The lessee must notify the Company and the Union in writing of hisher intention to exercise the option of succession and the projected date of the succession

The taxi plate lease shall be offered to the lessees current driver (if any) who shall have thirty (30) days to reject or accept the succession

If the offer is rejected or thirty (30) days have passed since the offer was made the taxi plate lease shall be offered to the drivers who are not single plate lessees (SPL) or a single plate owner (SPO) on the seniority list who shall have thirty (30) days to reject or accept the succession

Collective Agreement ltltCompanygtgt Page29

5

6

2304

2305

2306

2307

2308

2309

The most senior driver on the seniority list (who is not a single plate lessee-SPL or single plate owner-S PO) who accepts the succession shall be the successful incumbent lessee

In the event that no driver accepts the succession the lessee may ask that his request for succession be held in abeyance until such time as an incumbent lessee is found or may retire andor otherwise terminate hisher relationship with the Company at the time of hisher choosing In the event that the lessee retires andor terminates hisher employment relationship the taxi plate shall be returned to the Company and assigned to the next senior eligible driver as per the Companys past practice

The succession shall be valued at no more and no less than fifty-five thousand dollars ($5500000) except as modified as per sub-Article 2308 The driver (incumbent lessee) shall pay to the lessee the full value of the succession fee within sixty (60) days of the date of acceptance of the offer Once the driver has paid the succession fee the driver becomes a single plate lessee for the purposes of this Collective Agreement and will assume all rights duties responsibilities and obligations of a single plate lessee as set out in this Collective Agreement

The Parties agree that any monies or other considerations paid to a lessee at any time other than the time set out in sub-Article 2304 above shall not be counted towards the succession fee

The amount of $300000 (plus HST if applicable) shall be paid to the Company as a consulting fee by the incumbent lessee no later than the day before the day the incumbent lessee becomes a single plate lessee for the purposes of this Collective Agreement

Any lessee who exercises the succession option voluntarily terminates hisher employment with the Company and loses all seniority A driver who wishes to subsequently be rehired by the Company as a driver shall be placed at the bottom of the seniority list The driver will be eligible to become a lessee two (2) years from the date of hisher rehiring

The amount set out in sub-Article 2304 shall be increased annually on the date of the plate and stand rent increases set out in Article 27 of this Collective Agreement The annual increase shall be the same as the average of the percentage increase in the plate rent and the stand rent for that year

In the event of the death of a lessee and provided the lessee is up to date with all payments to the Company and has no outstanding amounts owing to the Company whatsoever the lessees estate shall have up to six (6) months from the date of death to exercise the option of succession

Collective Agreement laquoCompanybullbull Page 30

2310

2311

(a)

(b)

(c)

2312

Leasing agreements must be entered into provided they do not conflict with the terms of this Agreement

Without limiting the generality of 2310 in any way whatsoever a leasing agreement shall contain the following provisions

The lease shall terminate automatically for failure to fuHill any term of the lease including but not limited to failure by the lessee to fulfill any financial obligation or failure by the lessee to obtain replacement insurance in the event of cancellation of insurance

The lessee shall be the principal driver of the taxi vehicle which is attached to the taxi license plate

This Collective Agreement between the parties shall be the entire agreement and there shall be no other fee condition or other obligation except those set out in the Collective Agreement

All leased plates shall remain as such and shall not be converted to rental vehicles for the duration of this Agreement provided there are persons willing to leased said plates

ARTICLE 24 GRIEVANCE PROCEDURE

2401 A grievance shall include any issue regarding the interpretation administration application or alleged violation of this agreement It is the mutual desire of the parties that complaints of the drivers be adjusted as quickly as possible To that end the parties have adopted the following grievance procedure

STEP 1 A driver may bring his complaint to the Supervisor of the Members of the Owners Group If the driver does bring his complaint to the Supervisor he must do so within twenty (20) days of the incident or of he having knowledge of this incident giving rise to the complaint Where the complaint is brought forward it must be given to the Supervisor and the Supervisor shall reply within two (2) working days

STEP 2 Failing settlement of the complaint at Step 1 or where the driver has chosen not to avail himself of Step 1 the driver must file the grievance in writing within twenty (20) days of the incident or omiddotf he having knowledge of this incident giving rise to the grievance The grievance must be referred to the Member of the Owners Group claimed to be responsible andor any other person designated by the Member of the Owners Group Grievances shall be dealt with at the Step 2 meeting which shall be scheduled on the 3rd Wednesday of every month This monthly Step 2

Collective Agreement ccCompanyraquo Page 31

meeting shall be one meeting held at the Companys office Where the grievance involves the discharge of a driver the parties agree to meet within ten (1 0) working days of the filing of the grievance A representative of the Union shall be present at all step 2 meetings The Member of the Owners Group must respond within three (3) working days of the meeting

2402 Should a group grievance or a Union or policy grievance develop it shall be filed at Step 2 within twenty-five (25) days of the incident giving rise to the grievance or of the drivers or Union having knowledge of this incident

2403 Failing settlement under the above the matter in dispute may be taken to arbitration in accordance with article 26

2404 Drivers employed by single plate owners and single plate lessees may not grieve matters or disputes arising between the driver and the single plate owner or single plate lessee A committee shall be set up and made up of equal numbers of Uniondriver and Company personnel to assist in resolving disputes between the drivers and single plate owner and single plate lessee The committee shall have the power to determine a procedure to be followed as well as to determine fault and penalties

ARTICLE 25 ARBIrRATION

2501 After exhausting the provisions of the grievance procedure either of the parties may submit a grievance to arbitration either expedited or formal in writing within thirty (30) days of the Step 2 reply or if there is no reply within thirty (30) days after the expiration of the time limits to provide a reply

2502 Unless otherwise mutually agreed by the parties all grievances referred to arbitration not relating to an indefinite suspension a discharge or any separation of employment or to the interpretation of the collective agreement group grievances and policy grievances shall be referred to the expedited process

Grievances referred to arbitration in respect of indefinite suspensions discharge or separation of employment for any reason or to the interpretation of the collective agreement and group grievances may only be referred to this expedited process by the mutual agreement of the parties

2503 Within fourteen (14) days after notice has been given that the grievance will proceed to formal arbitration the parties shall meet and agree on a single arbitrator If the parties cannot agree on an arbitrator within this time limit either party may request the Minister of Labour to appoint an

Collective Agreement laquoCompanyraquo Page32

arbitrator and this appointment shall be binding on both parties In respect of the cost of arbitration of formal grievances the parties shall share equally the fee and expenses of the sole arbitrator

2504 The formal arbitrator shall have the right to exercise all the powers provided by the Labour Relations Act as amended from time to time

2505 The Arbitrator must hand down a written decision within sixty (60) days of the date of the hearing

2506 As an alternative to the formal arbitration process set out in the foregoing paragraphs a grievance may be referred to a previously agreed-upon person who shall hear the grievance and who shall at the conclusion of the hearing give a decision immediately Such decisions may not be used to alter modify or amend any part of the collective agreement and are made without precedent or prejudice to similar or like cases Such a decision shall be final and binding upon both parties and no further action may be taken on that grievance by any means whatsoever

2507 To maintain the efficiency of this expedited process the parties shall schedule a minimum of one (1) day of arbitration every three- (3) months except in those circumstances where either party deems it necessary to schedule the arbitrator more frequently

2508 The parties shall share equally the fee and expenses of the persons selected to hear the expedited arbitration cases

2509 At all expedited arbitration hearings the Company or Member of the Owners Group shall be represented by a member of their management and the Union shall be represented by a Union staff representative or an officersteward of the Local Union

2510 The Union shall forward to the representative of the Member of the Owners Group a list of the expedited grievances to be heard on the day or days scheduled for the hearing of grievances according to the expedited arbitration procedure The aforementioned list shall be forwarded to the representative of the Member of the Owners Group no later than ten (10) working days in advance of the hearing unless otherwise mutually agreed

2511 By exception a party may call one (1) witness at an expedited arbitration

2512 Prior to proceeding to formal or expedited arbitration and at least thirty (30) days prior to the date of arbitration the parties may upon mutually agreement request that any grievance be referred to a mediator to act as a grievance mediation officer for the purpose of attempting to

Collective Agreement laquoCompanyraquo Page33

mediate a settlement of the grievance The parties shall share equally the fee and expenses of this officer

ARTICLE 26 TAXI PACKAGE

2601 The employer shall provide to the rental driver at no extra cost motor vehicle insurance with a collision provision deductible not exceeding $50000 for each accident at fault

The Owners Group shall also provide to the rental driver at no extra cost comprehensive coverage with zero (0) deductible including but not limited to fire and theft It is agreed and understood that comprehensive coverage does not cover driver added equipment

2602 Each rental driver shall be supplied for a daily twelve (12) or twenty-four (24) hour period at no extra cost a roadworthy safe sedan four (4) door taxicab with proper weather resistant tires for all seasons and with a seating capacity for not less than four (4) passengers containing

2701

2702

2703

1 A roof sign 2 A sealed taxi meter 3 A two-way radio 4 A full size spare tire subject to space limitations 5 A tire tool 6 A jack 7 A mike clip 8 A full tank of gas at start date 9 Air conditioning on replacement vehicle where possible 10 An electric rear window defroster or blower

Any equipment owned by the Owners Group that becomes inoperative shall be repaired as soon as possible

ARTICLE 27 RENTAL CHARGES AND TERMS OF AGREEMENT

This agreement shall take effect upon ratification and be binding on both parties for three (3) years and shall continue for annual periods of one year each unless either party gives at least one hundred and twenty (120) days notice that it wishes to amend this agreement

It is agreed and understood that this agreement will remain in full force and effect until amended by negotiations

Rates shall be as follows

Collective Agreement laquoCompanyn Page 34

712011 712012 712013

Stand Rent (monthly) $43900 $45000 $45900

Plate Rent (monthly) $71926 $75000 $75960

Daily Car Rental 24 hr Regular Plated $9700 $9700 $9700

24 hr Accessible Plated $10500 $10500 $10500 12 hr Regular Plated $6700 $ 6700 $6700

12 hr Accessible Plated middot $8300 $8300 $8300

Credit Card Transaction 50 50 50

Debit Card (per) Transaction $065 $065 $065 (To the Driver)

POS Rental Fee (monthly) $800 $800 $800

POS Insurance (monthly) $300 $300 $300

Note The above rates do not include HST

Note For purposes of car rental rates the weekly rents shall be six (6) times the daily rent

Note It is recommended that drivers use Company supplied POS machines and systems

2704 Employees shall pay all monies owed to the Company in the following manner Monthly By the 5th business day of the month

2705 Any employee failing to pay monies by the above dates and times shall be suspended and not reinstated until the monies are paid in full and credited to their account

2706 Employees shall be entitled to pay their rents to the company by company approved charges cash and cheque - provided the employee has at least one (1) year of seniority

Employee(s) who have one (1) cheque returned NSF shall be suspended immediately upon the company receiving notification from the

Collective Agreement ((Company Page35

bank shall lose such privilege for twelve (12) months and shall be charged the appropriate charges

ARriCLE 28 GENERAL

2801 The Company and drivers shall maintain its internal company charge system and accept major credit cards which currently include Visa Mastercard American Express and Diners Cluben Route as approved by the Company

2802

2803

2804

2805

2806

2807

This system shall continue for the duration of this Agreement so long as external factors outside the Companys control do not prevent the Company from doing so Drivers shall be entitled to cash their charges provided they do not have any outstanding balances at the offices of the Company during the hours of 0830am to 400pm Monday to Friday except holidays The Company shall make available to the employees during normal business office hours receipt cards and credit card slips All credit card charges must be authorized

Drivers shall pay a fee of five (5) of all credit card charges that they redeem

Except as otherwise provided in this agreement all passengers shall be treated in a polite professional courteous and businesslike manner at all times by both the Owners Group and the employees

If requested a properly signed receipt shall be furnished by the owner for all payments made by the driver (If requested said receipt shall show a breakdown of all payments made by the driver and the dates for which they apply) For the purposes of this clause a numbered computer receipt shall be deemed to be signed

The employees who own their own vehicles whether or not they own their own license shall have absolute choice as to where their vehicle is to be repaired andor maintained

No employee either full-time or part-time shall abuse or mistreat any vehicle or equipment (ie roof sign radios meters and aerials)

The Owners Group agrees to work with the Union to lobby the City of Ottawa to allocate stands where necessary and appropriate

The Company agrees to provide the Union with the rules covering the stands controlled by concession agreements

Collective Agreement ccCompanyraquo Page 36

bull

2808 Subject to the provision of adequate insurance coverage all car owners shall be free to place a second driver or a third driver on their vehicles should they require without interference from the Company

2809

2810

2811

2812

2813

2814

In the event the Company refuses an individual employment as a second driver or as a third driver the Company agrees that such refusal may be the subject of a grievance and the onus of proof shall rest with the Company to show just cause for such refusal

The parties agree that no vehicle will have more than three (3) drivers at any one (1) time

The Company shall take reasonable steps to maintain all current concession agreements for the duration of this agreement The Company shall take all reasonable steps to obtain additional concession agreements

The Company shall have a phone line separate from the dispatch office so that drivers business people friends of the office staff may call through middot without having to tie up the dispatchers time The separate phone line may be used by the dispatch office during non-business hours

Time-off without rental fees or loss of seniority will be given to those members of the bargaining unit who are called for jury duty Rental driver(s) must park their rental vehicle(s) at the Companys premises should the jury duty go beyond three (3) days

The Company shall maintain a drivers waiting area As well the Company shall allow the drivers to use the telephone in the office for local calls only pursuant to the current past practice

In the event of an assessment to the CompanyOwners Group by WSIB in relation to the provision of WSIB benefits for the Bargaining unit personnel the CompanyOwners group and the Union agree to renegotiate in good faith the rates set out in Article 2703 Where the parties fail to reach agreement on the issue the matter shall be referred to an arbitrator for full and final settlement

When a customer complaint is received by the dispatcher the latter will advise the customer that an authorized representative of the Company will handle the complaint in an expeditious manner Upon request by the Union the Company shall provide a copy of the computer printout and all other relevant information including but not limited to any taped conversation related to the complaint being investigated The privacy of the customer is paramount and will at all times be respected

Collective Agreement ccCompanybullbull Page 37

2901 (a)

(b)

ARriCLE 29 BEREAVEMENT LEAVE

The Members of the Owners Group agree to grant affected employee(s) the necessary time off of up to four (4) days without fees at the time of death of the following relative(s) of said employee(s) father mother spouse (includes common-law) child brother sister mother andor fathershyin-law

The Members of the Owners Group further agree to grant to affected employees two (2) days without fees at the time of death of the following relatives of the employee sister andor brother-in-law and grandparent

ARTICLE 30 SOCIAL JUSTICE FUND

3001 The Company shall pay to the Union an amount of eight hundred ($80000) dollars per collective agreement year with such amounts being made payable to the CAW Social Justice Fund Inc Said amounts shall be paid by separate cheque by the last day of February in each year of this collective agreement A tax receipt shall be supplied to the Company on receipt of said amount

ARTICLE 31 SAFETY BANQUET

3101 The Company agrees to contribute seven hundred and fifty dollars ($75000) to the Unions annual Safety Banquet in each year of the Collective Agreement

SIGNED THIS DAY OF APRIL 15 2012

FORTH~

~~

Collective Agreement laquoCompanyraquo Page38

Collective Agreement laquoCompanyraquo Page39

SCHEDULE 11 A 11 LIST OF THE OWNERS GROUP

Coventry Connections Inc

Collective Agreement ccCompanyraquo Page40

SCHEDULE nan EXISTING CUSTOMS RIGHTS AND PRIVILEGES

1 There shall be no charge for the receipt cards

2 There shall be no charge for credit card vouchers subject to suppliers (third party) availability and conditions Should the Company pursue a course of action leading to Point of Sale terminals which usage will include Debit transactions Decremental Cards and Credit Cards there would be a charge for paper usage

3 The drivers shall choose their own working hours during their shift

4 Reasonable accommodation shall be given to payment of outstanding debts for accident(s) The following minimum payments are required

A) Up to $1 00000 - $ 1 000 per day

B) Over $100000- $2000 per day

Agreed to on the understanding that this does not apply to spare cars

Collective Agreement laquoCompanyraquo Page 41

SCHEDULE C RULES AND REGULATIONS

1 The following articles of clothing are not acceptable forms of attire at OJS

(a) Sweat pants and shorts except for dress shorts Dress shorts will be allowed from April to Labour Day Drivers caught wearing inappropriate shorts will be given one (1) warning and any future occurrence with regards to inappropriate shorts will cause them to lose the right to wear dress shorts for the duration of that season Shorts can be no shorter than three (3) inches above the knees

(b) T-shirts (except Union decaled T-shirt) without lapels tank tops and muscle s1middot1irts

NB Clothing andor other attire with obscenities profanities or sexually degrading remarks are not acceptable Hair must be clean and neat Faces must be clean-shaven or beards neatly trimmed Clothing must be tear and rip free with no visible patches and is to be cleaned and ironed as required Socks must be worn at all times with all types of footwear except for sandals

2 Drivers must be courteous and pleasant at all times and must conduct themselves in a professional business-like manner

3 There is to be no abusive foul language or gestures directed at customers or the general public

4 Consumption of alcohol or drugs will not be tolerated prior to the commencement of a shift andor while driving

5 There wiil be no arguing and fighting among drivers or other DJs personnel under any circumstances

6 No playing of cards or any other games of chance is allowed at any time when working This includes any form of gambling or betting on the air

7 Profanity or abusive language on the air or in your vehicle is prohibited at all times

8 Use of cell phone during the conveyance of a customer(s) is prohibited

9 Each taxicab and driver shall carry at all times a current street guide Drivers are to make proper use of this guide to avoid unnecessary air time

Collective Agreement ccCompanyraquo Page42

10 Deliveries are to be taken directly to the destination Running other fares while occupied on deliveries will not be permitted unless approved by the dispatcher

11 No messages between drivers are permitted Drivers will receive messages to call home spouse office union office partner or garage

In addition When an authorized Union rep asks the dispatcher to have a member of the bargaining unit call them for union business only this will be allowed and if necessary a phone number will be given

12 Picking up a fare while on the way to an accepted dispatch call will not be permitted

13 Drivers must allow 5 minutes wait at the customers pick-up address

14 Drivers shall take reasonable steps to ensure that they pickup only those fares that they are dispatched to Drivers must check with dispatcher for authorization before taking another fare from same address

15 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical breakdown emergency or any other reason(s) not herein listed the dispatcher shall reshydispatch the fare and suspend the driver for one (1) hour

16 Interference or jamming of the radio is a Federal offence and will not be tolerated

17 When necessary drivers must assist customers with handling of baggage and opening and closing of doors

18 No complaining to customers about short fares or time calls A list of regular short fares will be established and such fares shall be dispatched as Locals

19 At customers request music radio and other sound systems except for the twoshyway radio must be turned off

20 Driver must issue a receipt card upon request by customer Drivers signature must be clearly marked in the appropriate place on the receipt card There is no charge for the issuance of a receipt card

21 No new driver is to commence work until he has been briefed by OJS staff in the operating of our charge account system

22 Some of the guidelines in the operation of our charge account system are as follows

Collective Agreement laquoCompanyraquo Page43

(a) All charges are to be signed with car number (eg-DJ70) and date clearly written

(b) If the fare goes to more than one destination these other destinations are to be clearly marked on the reverse side of the chit

(c) Taxi chits to be signed by the customer and dollar value to be clearly marked

(d) Gift certificates which currently have a maximum value of $500 each are to be accepted at face value and change given as required

(e) Drivers must note on back of chit the drop offpick up address if it is different from address shown on face of chit

Drivers are prohibited from buying other drivers charges whether they be DJS drivers or other cab Companys charges Violation of this rule shall result in the following fines

1st offence -2d offence bull 3rd and subsequent offences-

$5000 per chit $10000 per chit $20000 per chit

plus the face value of each chitCredit Card in all cases

The parties agree that the above penalties are specific penalties within the meaning of the Ontario Labour Relations Act An Arbitrator shall not have the power to alter or modify any penalty imposed under this clause

(f) Drivers must accept all major credit cards approved by OJS Taxi

(g) Drivers are responsible for ensuring that all necessary information is clearly marked on charge vouchers as follows

bull Customers name and signature bull Card number (correct number of digits) bull Expiry date bull Drivers signature and car number (eg-DJ70) bull Ensure proper copies of charges are submitted to the Company for

processing bull No hand written major credit card sales drafts will be accepted

23 All cars are to be cleaned inside and out by 1000 am every day with due regard given to road and weather conditions

Collective Agreement Page44

24 All drivers must ensure that they have change for $2000 at all times and will not be removed from the sheet while getting change provided they are not called

25 No taxicab driver shall charge a passenger for

(a) The cost of proceeding to an establishment for change or

(b) Waiting time while a passenger obtains the change provided the bill presented for payment is of $2000 denomination or less

26 No vehicle to be left unattended with keys in the ignition

27 No person(s) unless authorized by the Company shall accompany the driver in the vehicle while heshe is occupied with a paying fare

28 Taxis must not be left unattended on a OJS taxi concession stand for more than ten (1 0) minutes

29 Only au~horized drivers with valid licenses can operate a taxi-licensed vehicle

30 Roof sign must be removed from vehicle when not on duty or involved in an accident

31 ALL DRIVERS ARE ADVISED THAT IT IS AGAINST THE LAW AND OJS TAXI COMPANY LIMITED POLICY TO REFUSE DOG GUIDES IN THEIR CABS REFUSAL WILL RESULT IN FINES AND DISCIPLINARY ACTION BY THE COMPANY

1st offence - 1 week suspension 2nd offence - 2 weeks suspension

3rd offence - Dismissal No longer working under the OJS roof sign

Accommodating Persons with Disabilities

The Management of OJS Taxi wishes to advise all its employees drivers and others operating under the OJS Taxi roof sign of the OJS Taxi policy with respect to blind passengers whether or not they use dog guides

Under the Blind Persons Rights Act of Ontario no person may either deny any person services customarily available to the public or discriminate against any person with respect to services available to the public for the reason that they are a blind person accompanied by a dog guide

Under the Ontario Human Rights Code every person has a right to equal treatment with respect to the supply of services which includes taxi services

Collective Agreement laquoCompanyraquo Page45

bull

without discrimination because of among other things a disability A disability includes any physical impairment such as being blind visually impaired deaf or hard of hearing

Guide Dogs and Taxi Services Many disabled persons are physically dependent on guide animals in their daily activities Canadians who are blind or visually impaired deaf or hard of hearing or who have other types of disabilities such as epilepsy are dependent on guide animals

Accommodation of these individuals necessitates that they be permitted to take their guide animals with them into taxi cabs Refusing to allow them to do so will infringe on their human rights and is against the Blind Persons Rights Act of Ontario and the Ontario Human Rights Code

This notice will simply repeat what should be apparent to you all that if a blind person with or without a dog guide is refused services by any OJS Taxi driver such actions will result in fines to the driver and other disciplinary action including the possibility of suspension by the Management of DJs Taxi Co Ltd

For more information regarding guide animals please review the attached pamphlet and information sheet published by Dog Guides Canada

Any inquiries concerning this policy should be directed to any member of the Management who will if it is required explain the policy to you

32 Drivers are not allowed in the dispatch office

33 All parking tickets will be paid by the rental driver responsible

34 In order to boost with Company owned taxicabs employees must request an obtain instruction from the garage manager or his designee on the proper method of boosting in order to reduce any risk of injury to the driver passenger and damage to the vehicle(s)

In the event of misuse employees at their discretion may be either disciplined in accordance with the principle of progressive discipline or have the option of reimbursing the Company for the cost of damaged parts

35 Any driver operating a taxi while his drivers license or taxi license is under suspension will be disciplined unless the driver can obtain written proof from the Ontario Ministry of Transport andor the appropriate taxi licensing authority that the driver did not receive evidence that hisher license was suspended or cancelled

36 When necessary or requested all elderly andor disabled customers are to be assisted in and out of taxicab at all times

Collective Agreement laquoCompanyraquo Page 46

37 No stealing fares

38 Drivers are not allowed to book no loads and run the fare

39 Drivers cannot refuse dispatched fares subject to article 1304 andor where the driver believes his safety or health is at risk

40 Failure to come to voice after two (2) requests by the Dispatch Supervisor will result in the Driver being suspended in the computer

41 Dispatch staff will not make phone calls for drivers unless it is an emergency situation

42 There shall be no personalization of any fares or trips placed through the Dispatch System of OJS Taxi except for returns east of but not including the Civic Hospital within the same twenty-four (24) hour period Where a return-call has been prearranged through the Dispatch System prior to the initial call being dispatched then the return-call cannot be personalized

43 Drivers will pay monies owed to the company by 400pm on the day that they are due No driver with an outstanding balance will be allowed to book on the sheet until their account is paid in full to the business office This means credited to their account and a receipt issued

44 Dispatchers shall give the line-up every thirty- (30) minutes except for the months of December January and February On implementation of the Computerized Dispatch this clause will be eliminated

45 All deliveries shall be given out as regular calls except where provided in this agreement and all employees shall have the option to refuse to deliver alcohol When a dispatcher requests a driver to call him for information concerning a delivery the dispatcher will first give the delivery address over the radio to ensure the delivery is being dispatched correctly

46 When drivers book out of their cars to attend scheduled complaint meeting appointments they shall be allowed to remain in their spot on the line up queue passed by for fares and treated by the dispatch as if they are no longer on the sheet

When the affected driver returns to his car and books back in he shall be returned to his position in the line up queue and given his next rightful fare

The maximum time a driver shall be allowed to book out for a complaint meeting is one half-hour

Collective Agreement laquoCompanyraquo Page 47

This rule shall only apply if the affected driver does not incur any discipline as a result of the complaint meeting

47 All cabs at DJS Taxi must have a mike clip and the clip must be used Drivers must pick up their mike when communicating

48 Drivers using vans as taxicabs must have and make use of (when requested or required) a portable step to assist passengers in and out of their vehicles

49 All taxicabs must be free of any body damage and any damage must be repaired within ninety- (90) days

50 Roof signs must be kept in good working order and condition with Company approved logo clearly visible front and rear

51 In order to ensure equipment is compatible with computer dispatch system all new radio equipment must be approved by the Company prior to installation

Collective Agreement laquoCompanyraquo Page48

SCHEDULE D CREDIT CARD POLICY amp PROCEDURES

DRIVERS MUST ACCEPT ALL COMPANY APPROVED CHARGES CREDIT AND DEBIT CARDS

DRIVERS MUST HAVE A POINT OF SALE UNIT AND A MANUAL PRINTER PER CURRENT BYLAW CITY OF OTTAWA

Due to the increased use of fraudulent Credit Cards by customers in taxicabs the following procedures have been developed to protect drivers from falling victim to Credit card fraud When accepting Credit cards the following rules must be followed

Credit and Debit Cards- the following rules must be followed

AUTHORIZATION OF ALL DEBIT AND CREDIT CARDS

All Credit Card slips must be authorized regardless of amount Verification is generally done after the fare is completed but verification of an estimated or known amount can be done prior to the completion of the trip if

bull The destination is beyond the radio coverage area bull The driver has reason(s) to suspect the validity of the card

INFORMATION REQUIRED FOR ACCEPTANCE OF DEBIT ANDOR CREDIT CARD SLIP FOR PAYMENT The completed Credit Card slip must contain all the following information

(a) Vehicle Number (pre-printed on POS slip if not to be written by hand at the bottom of the slip)

(b) Drivers ID Number and Initials (c) Amount of fare and gratuity (if applicable) (d) Authorization number (Pre-printed on POS slip) (e) Date of the fare (Pre-printed on POS slip) (f) The Debit or Credit Card must be swiped at all times (in the event that the

receipt does not print imprinting Credit Card only on manual imprinter is acceptable with customers signature but the imprint of the card number has to be clear) In the case of a swiped transaction part of the card number will display per Credit and Debit Card industry rules

(g) Customers signature clearly written (Credit Card only) marked TRANSACTION COPY We will accept the CUSTOMER COPY as long as it has the customers signature Debit POS slips are to be submitted marked TRANSACTION COPY NO SIGNATURE IS REQUIRED

Collective Agreement laquoCompanyraquo Page49

DISPUTES BY A CUSTOMER

Should a debit or credit card slip be disputed by the customer their bank or other financial institution the company will investigate If such investigation proves fraud or error by the driver the driver will be charged back for the full amount of the charge

If the disputed transaction was processed on a non-company unit a $500 plus HST charge plus the value of the charge will be debited to the drivers account The Company will refund the customer for the value of the charge

Should a customer andor driver report that the charge has been approved more than once the Company will investigate The Company does not allow any refunds in the taxicab Drivers can void a transaction but this must be done before Batch Closing the transaction A Void can only be done in the presence of the customer as the card (debit or credit) must be present The driver can then re-swipe the card for the correct amount The Company publishes a toll free number for customers or drivers to call with any concerns about a transaction If a customer has been charged more than once for the incorrect amount the following procedures apply

Credit Card

The Company will verify that the customer was charged multiple times or has been over-charged and issue a refund as necessary The Company will send a copy to the customer upon request All refunds are processed on a Point of Sale unit or Virtual Merchant (on-line) The Company may contact the driver to determine the validity of the customers details

Debit Card

The Company will verify that the customer was charged multiple times or has been overcharged and issue a cheque refund as necessary The Company keeps a copy of the cheque issued

GENERAL INFORMATIONGUIDELINES

1 If the driver has overcharged the customer and has been paid the incorrect amount the Company will adjust the drivers account and provide a receipt The Company maintains a log in the even there is a dispute by the driver or the customer If the driver reports the overcharge that is logged on a Customer Incident Form which has a Control Number

2 Hand written Credit Cards will not be accepted All Credit Cards must be passed through a manual imprinter which clearly shows the full credit card number If the credit card number is not clear and cannot be authorized

Collective Agreement laquoCompany Page 50

the driver will face debitchargeback of the amount as it cannot be authorized

3 The only Credit Cards accepted by Taxitab a division of Coventry Connections Inc are

i Visa ii Mastercard iii American Express

Note Visa Mastercard and American Express all issue prepaid credit cards these are all accepted

4 Taxitab a Division of Coventry Connections accepts Debit Cards for Canadian Financial Institutions Debit Cards for foreign banks may not

work on the unit Visa Mastercard have commenced issuing Debit Cards these are all accepted These cards are clearly marked on the face of the card with the Visa and Mastercard logos

5 The following items are to be checkedverified by the driver upon presentation of a Credit Car (a to d) Debit Card (d only)

CHECK LIST

(a) Expiry Date Ensure the card is valid Check to be sure that the Card is not being used beyond the expiry date printed on the card If the card is expired refuse to accept it

(b) Altered Cards Check to see if the card has been noticeably altered in any way If it has been refuse to accept it

(c) Card holders name and signature Check that the signature on the Credit Card slip is the same name printed on the card At the same time check that the signature is the same as the signature on the rear of the card If there is no signature on the rear of the card ask the customer to sign it as you are required to check this

If in doubt ask to see some other form of identification (preferably one with a picture and signature) that ensures that the person using the card is who they say they are

(d) Amount of fare and gratuity (if applicable) The amount of the Debit or Credit card slip must be equal to the amount of the fare and the gratuity (where applicable) Each amount should be entered in their respective places and only by the customer unless otherwise directed In the case of a Debit Card customer must always enter their PIN number to

Collective Agreement ltbullCompany Page 51

authorize the card Drivers must remind customer that the TIP field comes first followed by the PIN number

(e) $150 Surcharge

Debit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated by the City of Ottawa By-Law The $150 charge is prompted by the point of sale unit automatically The Driver receives 65cent of the $150 for every transaction

Credit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated in the City of Ottawa By-Law The $150 charge is NOT prompted by the point of sale unit automatically The driver adds the $150 to the metered amount and enters this total in the base amount field

6 CAUTIONS

7

(a)

(b)

(c)

Bank Card only have the Bank name on the card

Credit Cards are identified by the VISA MASTERCARD AMERICAN EXPRESS OR DINERS CLUB-ENROUTE symbols Only Cards with these symbols will be accepted

Credit Cards will have a holographic image on the face of the card

CASH ADVANCES

The use of Credit Cards for cash advances in the taxicab is not permitted Credit Cards must only be used in the taxicab for paying for an actual fare Anyone using a Credit Card in a taxicab to obtain cash advance is most likely using a stolen or fraudulent card

8 OUT OF TOWN FARES

For the drivers protection it is suggested that for fares going out of town and the customer wishes to pay by Credit Card it is recommended that the driver authorize the fare at the beginning of the trip (dispatcher can give an estimated amount) If there is a difference process the difference at the end of the trip There is a pre-authorization feature available for Credit Card only on the Point of Sale unit The Company can activate this on driver request but the driver must be

Collective Agreement ccCompany)) Page 52

bull

9

given correct training for this There are several steps involved with pre-authorization that must be followed before batch closing

BATCH CLOSING

Drivers must close transaction in the terminals at the end of their shift Credit Card authorizations only remain in the terminal for five (5) days after that the processor closes them automatically Drivers must batch close all credit cards no later than four (4) days in order for the items to appear on the batch close report

Batch Close reports will print separately for Debit and Credit Cards and list the details of the transactions in the terminals showing the card type and the last four (4) digits of the card involved This Batch close cannot be reprinted drivers must hold on to them Attach the slips to the Batch Close and bring to the cashier The cashier will verify the attached slips are on the batch close and proceed to pay or credit the driver assuming all slips are authorized and complete (as discussed above under (1) Authorization Procedures)

The following circumstances regarding Batch Closes will apply

(i) Batch Close with All Debit and Signed Credit Card slips- Driver will be paid or credited at time of presentation at a cashiering station

(ii) Batch Close- No Debit Slips if the batch close shows a Debit Slip and the driver has misplaced or lost the slip the Driver will be paid or credited at the time of presentation at a cashiering station

(iii) Batch Close No Credit Card Slip- No Slip No Payment at time of cashiering (driver is to go to Driver Admin in this instance) If the driver has a signed manual slip and the last 4 numbers of the card match those on the batch close the slip will be accepted by the cashier

NO BATCH CLOSE REPORT -If a Driver has lost or misplaced Batch Close report the Driver is to go straight to Driver Admin (not cashiering) The Driver is to bring the receipts (if there is a credit card slip with no signature there is a separate procedure for this below) he has for which he has not batch close Driver Admin will initiate a Batch Close Incident Report which has a Control Number for future reference The Procedure is as follows

(i) Driver Admin to Photocopy all Slips and write the Control from the Batch Close Incident Form on the photocopy and date the sheet The

Collective Agreement ccCompanyraquo Page 53

bull

bull

Driver is to keep this in the event of a dispute or apparent nonshypayment in account

(ii) Driver Admin will complete the top copy of the report attach a copy of the slips The Driver will complete the bottom part of the report and sign it

(iii) Management will need 72 hours (three business days) from the date of Incident Report to investigate the transaction has been settled in the POS unit

(iv) Providing Management confirms the transaction is complete the slips will be credited to the Drivers account and a receipt will be printed A copy of the receipt is attached to the Batch Close Incident Report The Control from the Form is entered when the the amount is credited for reference A receipt can be printed at that time by cashier

(v) In the event that a driver does not have a Batch Close and presents a credit card slip with no signature the following will apply

(vi) If the Driver experiences a problem with the Batch Close or operation of the unit the Driver is to bring the unit to the office during normal hours Management will investigate the issue and call Driver to reshyissue the unit completing paperwork for the replacement unit which the driver will sign

Any driver attempting to defraud a customer by processing a debit or credit slip more than once will be terminated

Collective Agreement laquoCompany)) Page 54

bull

bull

SCHEDULE E STOLEN FARE POLICY

Whenever the Dispatch Supervisor receives a complaint that a fare either dispatched to the complainant or from within the same block of taxi standconcession on which the complainant is parked has been stolen and the identification of the accused is made known the Supervisor shall

(a) Bring the accused to voice and notify himher of the allegations

(b) Inform the complainant that a deposit of forty dollars ($4000) must accompany his accusation and to be deposited within one (1) hour of the complaint Where applicable inform the complainant that the accused wishes to challenge the allegations and the date and time of the hearing shall be known to both parties

(c) A failure of either party to attend the hearing will result in an additional fine of forty dollars ($4000) to be paid within sixty (60) minutes of the conclusion of the hearing or a suspension ob the absent party until payment is received

(d) Inform the accused of the available options

(i) Arrange for repayment of the fare in its entirety to a minimum of forty dollars ($4000) to the complainant a Union representative or the Company on behalf of the complainant within sixty (60) minutes or

(ii) If the allegation is being denied and the accused wishes to refute it forty dollars ($4000) must be deposited at the dispatch office within sixty (60) minutes with a notification to the Dispatch Supervisor that the allegation is being challenged

Where the accused fails to respond to two (2) voice messages or refuses to comply with (c) the accused shall have dispatch services suspended until in compliance or the Company receives instructions from a Union Representative to do otherwise

The penalty for a wrongful accusation is the payment of forty dollars ($4000) to the accused by the accuser in addition to the return of the accuseds deposited payment

It is understood and agreed that the action(s) of the Dispatch Supervisor(s) in the compliance of this Policy is not to be construed as a determination of who is the guilty party In all disputes regarding stolen fares the Committee shall make the final determination with respect to guilt

Collective Agreement laquoCompany Page 55

bull

bull

Note Such fare(s) will not be considered as Stolen Fare(s) if picked up by driver(s) arriving on the Concession(s)Taxi Stand(s) prior the driver(s) who accepted the dispatched fare(s)

Collective Agreement ((Company Page 56

bull bull

APPENDIX 1

PLATE CAR LESSEE IND START LESSEE START

1 1027 5027 ADAM GRANT 1 91111986 111987

2 1015 5015 TIMS VAUGHN 411995 411995

3 1043 5043 MARTON FERENC G 10251995 10251995

4 1050 5050 DUBOIS JOHN 12111994 311996

5 1048 5048 SUNIL JOSHI 1111994 711996

6 1030 5030 SLIM MOHAMED 711996 7111996

7 1041 5041 JAMALEDDINE ZAHER 911996 911996

8 1040 5040 MAHEUX FRANK 11151996 181997

9 1109 1 5109 ASTLEY JAMES 1011994 1131997

10 1045 5045 MELHEM SAMIR 1211996 9211997

11 1028 5028 LABINE ANTHONY 10151980 11281997

12 1054 5054 ELmiddotNEMER NEMER 11131997 21271998

13 1113 5113 WEAGANT BROCK C 82211988 3131998

i

14 1039 5039 SOBH HAC HEM 11171997 5111998

15 1044 1 5044 MOUFARREJ RAYMOND 10241996 1161998

16 1042 5042 MCCONVILLE BILL 311992 11111998

17 1107 5107 GIANNAKOS LOUIS I 9111997 491999

18 1026 5026 VERMA LALIT 51261996 5311999

19 1033 5033 MITCHELL BRUCE 111987 9301999

i

20 1108 5108 PAPPAS CHRISTINE 121111991 1041999

rmiddot 1014 5014 NYTRA BEDRICH 961996 3302000

22 1000 5000 ABOUmiddotARRAG SAM I 611997 7132000

23 1038 5038 MUNROE JOHN 1111977 492001

24 1022 5022 RADULESCU GELU 611999 5232002

25 1139 5139 HASSOUN I MOUFID 71211999 8152002

26 1006 5006 SADER I GHASSAN 6211999 292004

27 1029 5029 CLAYTON GREG 911980 21132004

Collective Agreement ccCompany Page 57

bull

28 1034 5034 IBRAHIM 12301995 4302004

29 1037 5037 ABDALLA HASSAN I 3312000 2202006

30 1010 5010 HASSOUN AD NAN 8272001 312006

31 1031 MASSOUD 1241998 312006

32 1 1o35 5035 JANCO 911992 362006

1 33 1036 5036 SINGH BALWANT 92211999 3172006

Collective Agreement ltltCompanyraquo Page 58

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 26: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

bull

non payment by the Insurer This insurance coverage will not be provided to any driver who is 65 years or older at any time during this agreement

The Company shall aid in collecting monies by allowing a cash donation box to be set up at their office for driver(s) involved in serious accidents The Company shall not be responsible for said box

1704 The Company shall supply a safety shield for the company owned rental vehicle when requested by that driver

All rental drivers who request a shield must continue to operate on a vehicle that is equipped with a safety shield so long as said driver is operating under the DJs roof sign provided one (1) is available Company rental drivers working with a shield shall have the option of refusing to operate any spare rental vehicle not equipped with a safety shield However once a driver accepts a spare rental vehicle not equipped with a shield he will be deemed to have given up his right to exercise this option on the same shift

ARTICLE 18 WORK WEEK

1801 The Owners Group agrees that the employees shall determine their work week subject to the provisions of this agreement

1802 The Owners Group agrees that the work week shall be based on seven (7) days

1803 Rental drivers shall pay their weekly rental over six (6) days and have the use of the vehicle for seven (7) days

1804 Stand rents for car owners shall be calculated weekly paid monthly or weekly at the discretion of the employee but limited to one change in the payment structure per calendar year Any reduction is to be calculated on a weekly basis and there shall be no reduction given for anything less than seven (7) consecutive days off except where provided in this agreement

1805 Shifts shall be mutually agreed upon by the partners on the vehicle and in case of dispute shifts shall commence at 400am and 400pm The change-over location shall be mutually agreed to by the partners on the vehicle and in case of dispute change over shall be at the Companys office

ARTICLE 19 STATUTORY HOLIDAYS

Collective Agreement laquoCompanyraquo Page 24

1901 (a)

(b)

All rental drivers (12 amp 24 hours) of the Owners Group shall be entitled to the following days off provided that they have worked more than three (3) consecutive months under the Companys roof sign

All single plate owners (SPO) and single plate lessees (SPL) shall be entitled to the following days off provided that they have completed three (3) months of service under the Companys roof sign and they shall not be charged plate rent or stand rent for said statutory holidays

Employees meeting the criteria outlined in (a) and (b) above shall be given credit for said days whether they choose to work or not Credits for statutory holidays shall be given at the time that payment is made for the period covering the day of the holiday

New Years Day Family Day Good Friday

Victoria Day Canada Day Labour Day

ARTICLE 20 TIME OFF

Thanksgiving Day Christmas Day Boxing Day

2001 All rental drivers (12 amp 24 hours) shall be entitled to four (4) weeks annual time-off

All single plate lessees (SPL) shall be entitled to five (5) weeks annual time-off for which they shall not be charged stand rent for time-off taken During said time-off heshe shall not be charged plate rent for the first four (4) weeks

All single plate owners (SPO) shall be entitled to seven (7) weeks annual time-off During this period they shall not be charged stand rent

SPOs and SPLs outlined above will be granted their requested time-off entitlement provided they have no balance owing and provided that a minimum of one (1) week written notice is given to the individual Member of the Owners Group (MOG) and the Company and provided further that said drivers have a minimum of one (1) completed year of uninterrupted service under the Companys roof sign

In cases of accidents and major breakdowns involving SPO and SPL no notice period will be required for time-off and credits for such time-off will be based on daily increments

Where a SPOor a SPL has used all hisher allotted time off and said SPO or SPL has an accident or major breakdown heshe will be given up to a maximum of ten (1 0) additional days of time off and during said time

Collective Agreement laquoCompanygtbull Page 25

heshe shall not be charged any stand rent subject to proof of inoperability of the vehicle being provided

In the case of SPOs and SPLs extended time-off will be allowed for overseas trips All rents must be paid in advance to cover the time off for the extension

Explanation Car owners time off is only when the car is off the road If the SPO or SPL puts a driver on the car it is not considered part of this time off

2002 Single plate owners and single plate lessees will be responsible for arranging for time off for their drivers

2003 Time off may be taken weekly or bi-weekly at the employees discretion Provided further where the employee has taken a minimum of one (1) week heshe may take additional days) of less than weekly increments) in conjunction with the one 1) week

2004 Time off must be taken during the calendar year and cannot be accumulated over more than one calendar (1 year

2005 The MOG SPL and SPO agree that roof signs taxi plates and all other items (computer equipment will remain with the Company during the employees time-off and in the case of rental drivers the rental vehicle will be returned to the vehicle owner

ARTICLE 21 INSURANCE

21 01 Every car owner has the right to obtain insurance from the broker or Company of their choice without interference from the Owners Group

2102 The Owners Group shall upon written request from an employee who is presently insured by a member of the Owners Group provide written details of claim settlements and accident records

2103 The Company shall provide at no extra cost motor vehicle insurance coverage with collision provision deductible not exceeding $75000 or the cost of repair whichever is less for each at fault accident

21 04 The Company shall provide at no extra cost comprehensive coverage with zero deductible including but not limited to middotfire and theft It is agreed and understood that comprehensive coverage does not cover driver owned equipment

Collective Agreement Page26

21 05 The Company shall provide accident benefit coverage as set out in the OAP 1 of the Ontario Automobile Insurance Act and shall abide by the guidelines and statutory conditions as set out by the Insurance Company with whom the Company is insured

2106 With respect to Articles 2103 2104 and 2106 above which applies to accessible shift vehicles only) the Companys obligation is to provide insurance coverage only Any determination of whether a driver is entitled to insurance benefits andor whether a claim shall be paid or denied in any given situation shall be the sole and exclusive responsibility of the Insurance Company

2107 A driver who is insured through the Company shall provide the Company with a Motor Vehicle Drivers Abstract one month before the annual renewal of the Companys insurance policy A driver shall provide additional Motor Vehicle Drivers Abstracts as requested by the Insurer

21 08 The Companys insurer may judge a driver to be a high risk and may assess a surcharge accordingly A driver who is found tomiddot be a higher risk will bear the cost of any such surcharge

21 09 A driver insured by the Companys insurer who is involved in an accident shall regardless of whether he or she was at fault notify the dispatcher immediately The driver shall indicate whether the accident should be reported to the police and whether the customer or driver require medical attention Following notification of the dispatcher the driver shall remove the roof sign from the vehicle and record to the best of his or her ability all relevant information The driver shall bring the relevant information to the office within 24 hours of the incident excluding weekends and holidays)

2110 Drivers are responsible for the replacement of all lost or stolen antennae andor roof signs

2111 The Company shall pay the full El payments for all rental drivers In the event of an increase in the premiums during the life of this Collective Agreement drivers shall pay the drivers share of the increase

2112 All drivers who are insured through the Company obtained insurance must sign the Companys insurance agreement prior to commencing work The Company shall provide insurance agreements with no more than a $75000 deductible to be paid after the accident The amount shall be paid at the rate of $1000 per shift until fully paid

Collective Agreement ((Companyraquo Page27

ARTICLE 22 TAXI PLATE SALES

2201 1 Members of the Owners Group shall be able to sell plate(s) in the following manner

2202

(a) A notice of its intent to sell plate(s) shall be posted and announced over the dispatch system for a period of three (3) days and shall be offered to the lessees and rental drivers in the bargaining unit

(b) Where there is more than one interested applicant the plate(s) shall be offered based on seniority and plates sold shall be the plate of the most junior lesseedriver

Where the sale will result in the layoff of a driver that driver shall be recalled prior to any new hires by all Members of the Owners Group

2 Where there are no applicants the Member of the Owners Group will sell the last leased plate at their discretion Any driver laid off shall be recalled prior to any new hires by all members of the Owners Group

3 Sale of More Than One Plate at One Time

4

5

The Owners Group has the right to sell to whomever they choose provided that no one is displaced

In the event that the most junior lessee is displaced as a result of the sale of the plate the Company agrees to pay to the displaced lessee no more than fifty-five thousand dollars ($5500000) in the first year of this Agreement and according to the succession plan as outlined in article 23 for the following years of this Agreement This would apply only if the said lessee has complied with the succession plan as per article 23

An individual Member of the Owners Group shall not require any of his drivers to give up their rights under this Agreement and work under another roof sign without the drivers written consent given before a Notary Public for Ontario The Union shall be supplied with copies of the consents

In the case where a Member of the Owners Group is leasing a taxi plate and the Member of the Owners Group has a car under this plate and this vehicle is then rented out on a 12 or 24 hour rental this article then does not apply The Owners Group cannot be held responsible for any damage or compensation that may arise from the actions taken by the 3rd party

Collective Agreement laquoCompanyraquo Page28

2301

2302

2303

1

2

3

4

ARTICLE 23 SUCCESSION AND TAXI PLATE LEASES

Definition

The process by which the lessee of a Company-owned taxi license plate having determined that heshe wishes to retire andor otherwise terminate hisher relationship with the Company and having officially notified in writing both the Union and the Company of hisher intention to do so offers the opportunity to hisher driver to be the lessees successor all in accordance with the conditions sot out in this Article

In order to be eligible to offer a lease for succession the lessee must have been a party to a valid taxi plate Leasing Agreement with the Company for a minimum of one (1) year and have two (2) years of continuous uninterrupted service operating a taxi vehicle under the Companys roof sign The lessee must also be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

In order to qualify as a successor the driver must be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

An offer for succession shall follow the following order

No offer for succession can be made until the day after the final version of the seniority list as outlined in Appendix 2 has been agreed upon and signed-off by the Parties

The lessee must notify the Company and the Union in writing of hisher intention to exercise the option of succession and the projected date of the succession

The taxi plate lease shall be offered to the lessees current driver (if any) who shall have thirty (30) days to reject or accept the succession

If the offer is rejected or thirty (30) days have passed since the offer was made the taxi plate lease shall be offered to the drivers who are not single plate lessees (SPL) or a single plate owner (SPO) on the seniority list who shall have thirty (30) days to reject or accept the succession

Collective Agreement ltltCompanygtgt Page29

5

6

2304

2305

2306

2307

2308

2309

The most senior driver on the seniority list (who is not a single plate lessee-SPL or single plate owner-S PO) who accepts the succession shall be the successful incumbent lessee

In the event that no driver accepts the succession the lessee may ask that his request for succession be held in abeyance until such time as an incumbent lessee is found or may retire andor otherwise terminate hisher relationship with the Company at the time of hisher choosing In the event that the lessee retires andor terminates hisher employment relationship the taxi plate shall be returned to the Company and assigned to the next senior eligible driver as per the Companys past practice

The succession shall be valued at no more and no less than fifty-five thousand dollars ($5500000) except as modified as per sub-Article 2308 The driver (incumbent lessee) shall pay to the lessee the full value of the succession fee within sixty (60) days of the date of acceptance of the offer Once the driver has paid the succession fee the driver becomes a single plate lessee for the purposes of this Collective Agreement and will assume all rights duties responsibilities and obligations of a single plate lessee as set out in this Collective Agreement

The Parties agree that any monies or other considerations paid to a lessee at any time other than the time set out in sub-Article 2304 above shall not be counted towards the succession fee

The amount of $300000 (plus HST if applicable) shall be paid to the Company as a consulting fee by the incumbent lessee no later than the day before the day the incumbent lessee becomes a single plate lessee for the purposes of this Collective Agreement

Any lessee who exercises the succession option voluntarily terminates hisher employment with the Company and loses all seniority A driver who wishes to subsequently be rehired by the Company as a driver shall be placed at the bottom of the seniority list The driver will be eligible to become a lessee two (2) years from the date of hisher rehiring

The amount set out in sub-Article 2304 shall be increased annually on the date of the plate and stand rent increases set out in Article 27 of this Collective Agreement The annual increase shall be the same as the average of the percentage increase in the plate rent and the stand rent for that year

In the event of the death of a lessee and provided the lessee is up to date with all payments to the Company and has no outstanding amounts owing to the Company whatsoever the lessees estate shall have up to six (6) months from the date of death to exercise the option of succession

Collective Agreement laquoCompanybullbull Page 30

2310

2311

(a)

(b)

(c)

2312

Leasing agreements must be entered into provided they do not conflict with the terms of this Agreement

Without limiting the generality of 2310 in any way whatsoever a leasing agreement shall contain the following provisions

The lease shall terminate automatically for failure to fuHill any term of the lease including but not limited to failure by the lessee to fulfill any financial obligation or failure by the lessee to obtain replacement insurance in the event of cancellation of insurance

The lessee shall be the principal driver of the taxi vehicle which is attached to the taxi license plate

This Collective Agreement between the parties shall be the entire agreement and there shall be no other fee condition or other obligation except those set out in the Collective Agreement

All leased plates shall remain as such and shall not be converted to rental vehicles for the duration of this Agreement provided there are persons willing to leased said plates

ARTICLE 24 GRIEVANCE PROCEDURE

2401 A grievance shall include any issue regarding the interpretation administration application or alleged violation of this agreement It is the mutual desire of the parties that complaints of the drivers be adjusted as quickly as possible To that end the parties have adopted the following grievance procedure

STEP 1 A driver may bring his complaint to the Supervisor of the Members of the Owners Group If the driver does bring his complaint to the Supervisor he must do so within twenty (20) days of the incident or of he having knowledge of this incident giving rise to the complaint Where the complaint is brought forward it must be given to the Supervisor and the Supervisor shall reply within two (2) working days

STEP 2 Failing settlement of the complaint at Step 1 or where the driver has chosen not to avail himself of Step 1 the driver must file the grievance in writing within twenty (20) days of the incident or omiddotf he having knowledge of this incident giving rise to the grievance The grievance must be referred to the Member of the Owners Group claimed to be responsible andor any other person designated by the Member of the Owners Group Grievances shall be dealt with at the Step 2 meeting which shall be scheduled on the 3rd Wednesday of every month This monthly Step 2

Collective Agreement ccCompanyraquo Page 31

meeting shall be one meeting held at the Companys office Where the grievance involves the discharge of a driver the parties agree to meet within ten (1 0) working days of the filing of the grievance A representative of the Union shall be present at all step 2 meetings The Member of the Owners Group must respond within three (3) working days of the meeting

2402 Should a group grievance or a Union or policy grievance develop it shall be filed at Step 2 within twenty-five (25) days of the incident giving rise to the grievance or of the drivers or Union having knowledge of this incident

2403 Failing settlement under the above the matter in dispute may be taken to arbitration in accordance with article 26

2404 Drivers employed by single plate owners and single plate lessees may not grieve matters or disputes arising between the driver and the single plate owner or single plate lessee A committee shall be set up and made up of equal numbers of Uniondriver and Company personnel to assist in resolving disputes between the drivers and single plate owner and single plate lessee The committee shall have the power to determine a procedure to be followed as well as to determine fault and penalties

ARTICLE 25 ARBIrRATION

2501 After exhausting the provisions of the grievance procedure either of the parties may submit a grievance to arbitration either expedited or formal in writing within thirty (30) days of the Step 2 reply or if there is no reply within thirty (30) days after the expiration of the time limits to provide a reply

2502 Unless otherwise mutually agreed by the parties all grievances referred to arbitration not relating to an indefinite suspension a discharge or any separation of employment or to the interpretation of the collective agreement group grievances and policy grievances shall be referred to the expedited process

Grievances referred to arbitration in respect of indefinite suspensions discharge or separation of employment for any reason or to the interpretation of the collective agreement and group grievances may only be referred to this expedited process by the mutual agreement of the parties

2503 Within fourteen (14) days after notice has been given that the grievance will proceed to formal arbitration the parties shall meet and agree on a single arbitrator If the parties cannot agree on an arbitrator within this time limit either party may request the Minister of Labour to appoint an

Collective Agreement laquoCompanyraquo Page32

arbitrator and this appointment shall be binding on both parties In respect of the cost of arbitration of formal grievances the parties shall share equally the fee and expenses of the sole arbitrator

2504 The formal arbitrator shall have the right to exercise all the powers provided by the Labour Relations Act as amended from time to time

2505 The Arbitrator must hand down a written decision within sixty (60) days of the date of the hearing

2506 As an alternative to the formal arbitration process set out in the foregoing paragraphs a grievance may be referred to a previously agreed-upon person who shall hear the grievance and who shall at the conclusion of the hearing give a decision immediately Such decisions may not be used to alter modify or amend any part of the collective agreement and are made without precedent or prejudice to similar or like cases Such a decision shall be final and binding upon both parties and no further action may be taken on that grievance by any means whatsoever

2507 To maintain the efficiency of this expedited process the parties shall schedule a minimum of one (1) day of arbitration every three- (3) months except in those circumstances where either party deems it necessary to schedule the arbitrator more frequently

2508 The parties shall share equally the fee and expenses of the persons selected to hear the expedited arbitration cases

2509 At all expedited arbitration hearings the Company or Member of the Owners Group shall be represented by a member of their management and the Union shall be represented by a Union staff representative or an officersteward of the Local Union

2510 The Union shall forward to the representative of the Member of the Owners Group a list of the expedited grievances to be heard on the day or days scheduled for the hearing of grievances according to the expedited arbitration procedure The aforementioned list shall be forwarded to the representative of the Member of the Owners Group no later than ten (10) working days in advance of the hearing unless otherwise mutually agreed

2511 By exception a party may call one (1) witness at an expedited arbitration

2512 Prior to proceeding to formal or expedited arbitration and at least thirty (30) days prior to the date of arbitration the parties may upon mutually agreement request that any grievance be referred to a mediator to act as a grievance mediation officer for the purpose of attempting to

Collective Agreement laquoCompanyraquo Page33

mediate a settlement of the grievance The parties shall share equally the fee and expenses of this officer

ARTICLE 26 TAXI PACKAGE

2601 The employer shall provide to the rental driver at no extra cost motor vehicle insurance with a collision provision deductible not exceeding $50000 for each accident at fault

The Owners Group shall also provide to the rental driver at no extra cost comprehensive coverage with zero (0) deductible including but not limited to fire and theft It is agreed and understood that comprehensive coverage does not cover driver added equipment

2602 Each rental driver shall be supplied for a daily twelve (12) or twenty-four (24) hour period at no extra cost a roadworthy safe sedan four (4) door taxicab with proper weather resistant tires for all seasons and with a seating capacity for not less than four (4) passengers containing

2701

2702

2703

1 A roof sign 2 A sealed taxi meter 3 A two-way radio 4 A full size spare tire subject to space limitations 5 A tire tool 6 A jack 7 A mike clip 8 A full tank of gas at start date 9 Air conditioning on replacement vehicle where possible 10 An electric rear window defroster or blower

Any equipment owned by the Owners Group that becomes inoperative shall be repaired as soon as possible

ARTICLE 27 RENTAL CHARGES AND TERMS OF AGREEMENT

This agreement shall take effect upon ratification and be binding on both parties for three (3) years and shall continue for annual periods of one year each unless either party gives at least one hundred and twenty (120) days notice that it wishes to amend this agreement

It is agreed and understood that this agreement will remain in full force and effect until amended by negotiations

Rates shall be as follows

Collective Agreement laquoCompanyn Page 34

712011 712012 712013

Stand Rent (monthly) $43900 $45000 $45900

Plate Rent (monthly) $71926 $75000 $75960

Daily Car Rental 24 hr Regular Plated $9700 $9700 $9700

24 hr Accessible Plated $10500 $10500 $10500 12 hr Regular Plated $6700 $ 6700 $6700

12 hr Accessible Plated middot $8300 $8300 $8300

Credit Card Transaction 50 50 50

Debit Card (per) Transaction $065 $065 $065 (To the Driver)

POS Rental Fee (monthly) $800 $800 $800

POS Insurance (monthly) $300 $300 $300

Note The above rates do not include HST

Note For purposes of car rental rates the weekly rents shall be six (6) times the daily rent

Note It is recommended that drivers use Company supplied POS machines and systems

2704 Employees shall pay all monies owed to the Company in the following manner Monthly By the 5th business day of the month

2705 Any employee failing to pay monies by the above dates and times shall be suspended and not reinstated until the monies are paid in full and credited to their account

2706 Employees shall be entitled to pay their rents to the company by company approved charges cash and cheque - provided the employee has at least one (1) year of seniority

Employee(s) who have one (1) cheque returned NSF shall be suspended immediately upon the company receiving notification from the

Collective Agreement ((Company Page35

bank shall lose such privilege for twelve (12) months and shall be charged the appropriate charges

ARriCLE 28 GENERAL

2801 The Company and drivers shall maintain its internal company charge system and accept major credit cards which currently include Visa Mastercard American Express and Diners Cluben Route as approved by the Company

2802

2803

2804

2805

2806

2807

This system shall continue for the duration of this Agreement so long as external factors outside the Companys control do not prevent the Company from doing so Drivers shall be entitled to cash their charges provided they do not have any outstanding balances at the offices of the Company during the hours of 0830am to 400pm Monday to Friday except holidays The Company shall make available to the employees during normal business office hours receipt cards and credit card slips All credit card charges must be authorized

Drivers shall pay a fee of five (5) of all credit card charges that they redeem

Except as otherwise provided in this agreement all passengers shall be treated in a polite professional courteous and businesslike manner at all times by both the Owners Group and the employees

If requested a properly signed receipt shall be furnished by the owner for all payments made by the driver (If requested said receipt shall show a breakdown of all payments made by the driver and the dates for which they apply) For the purposes of this clause a numbered computer receipt shall be deemed to be signed

The employees who own their own vehicles whether or not they own their own license shall have absolute choice as to where their vehicle is to be repaired andor maintained

No employee either full-time or part-time shall abuse or mistreat any vehicle or equipment (ie roof sign radios meters and aerials)

The Owners Group agrees to work with the Union to lobby the City of Ottawa to allocate stands where necessary and appropriate

The Company agrees to provide the Union with the rules covering the stands controlled by concession agreements

Collective Agreement ccCompanyraquo Page 36

bull

2808 Subject to the provision of adequate insurance coverage all car owners shall be free to place a second driver or a third driver on their vehicles should they require without interference from the Company

2809

2810

2811

2812

2813

2814

In the event the Company refuses an individual employment as a second driver or as a third driver the Company agrees that such refusal may be the subject of a grievance and the onus of proof shall rest with the Company to show just cause for such refusal

The parties agree that no vehicle will have more than three (3) drivers at any one (1) time

The Company shall take reasonable steps to maintain all current concession agreements for the duration of this agreement The Company shall take all reasonable steps to obtain additional concession agreements

The Company shall have a phone line separate from the dispatch office so that drivers business people friends of the office staff may call through middot without having to tie up the dispatchers time The separate phone line may be used by the dispatch office during non-business hours

Time-off without rental fees or loss of seniority will be given to those members of the bargaining unit who are called for jury duty Rental driver(s) must park their rental vehicle(s) at the Companys premises should the jury duty go beyond three (3) days

The Company shall maintain a drivers waiting area As well the Company shall allow the drivers to use the telephone in the office for local calls only pursuant to the current past practice

In the event of an assessment to the CompanyOwners Group by WSIB in relation to the provision of WSIB benefits for the Bargaining unit personnel the CompanyOwners group and the Union agree to renegotiate in good faith the rates set out in Article 2703 Where the parties fail to reach agreement on the issue the matter shall be referred to an arbitrator for full and final settlement

When a customer complaint is received by the dispatcher the latter will advise the customer that an authorized representative of the Company will handle the complaint in an expeditious manner Upon request by the Union the Company shall provide a copy of the computer printout and all other relevant information including but not limited to any taped conversation related to the complaint being investigated The privacy of the customer is paramount and will at all times be respected

Collective Agreement ccCompanybullbull Page 37

2901 (a)

(b)

ARriCLE 29 BEREAVEMENT LEAVE

The Members of the Owners Group agree to grant affected employee(s) the necessary time off of up to four (4) days without fees at the time of death of the following relative(s) of said employee(s) father mother spouse (includes common-law) child brother sister mother andor fathershyin-law

The Members of the Owners Group further agree to grant to affected employees two (2) days without fees at the time of death of the following relatives of the employee sister andor brother-in-law and grandparent

ARTICLE 30 SOCIAL JUSTICE FUND

3001 The Company shall pay to the Union an amount of eight hundred ($80000) dollars per collective agreement year with such amounts being made payable to the CAW Social Justice Fund Inc Said amounts shall be paid by separate cheque by the last day of February in each year of this collective agreement A tax receipt shall be supplied to the Company on receipt of said amount

ARTICLE 31 SAFETY BANQUET

3101 The Company agrees to contribute seven hundred and fifty dollars ($75000) to the Unions annual Safety Banquet in each year of the Collective Agreement

SIGNED THIS DAY OF APRIL 15 2012

FORTH~

~~

Collective Agreement laquoCompanyraquo Page38

Collective Agreement laquoCompanyraquo Page39

SCHEDULE 11 A 11 LIST OF THE OWNERS GROUP

Coventry Connections Inc

Collective Agreement ccCompanyraquo Page40

SCHEDULE nan EXISTING CUSTOMS RIGHTS AND PRIVILEGES

1 There shall be no charge for the receipt cards

2 There shall be no charge for credit card vouchers subject to suppliers (third party) availability and conditions Should the Company pursue a course of action leading to Point of Sale terminals which usage will include Debit transactions Decremental Cards and Credit Cards there would be a charge for paper usage

3 The drivers shall choose their own working hours during their shift

4 Reasonable accommodation shall be given to payment of outstanding debts for accident(s) The following minimum payments are required

A) Up to $1 00000 - $ 1 000 per day

B) Over $100000- $2000 per day

Agreed to on the understanding that this does not apply to spare cars

Collective Agreement laquoCompanyraquo Page 41

SCHEDULE C RULES AND REGULATIONS

1 The following articles of clothing are not acceptable forms of attire at OJS

(a) Sweat pants and shorts except for dress shorts Dress shorts will be allowed from April to Labour Day Drivers caught wearing inappropriate shorts will be given one (1) warning and any future occurrence with regards to inappropriate shorts will cause them to lose the right to wear dress shorts for the duration of that season Shorts can be no shorter than three (3) inches above the knees

(b) T-shirts (except Union decaled T-shirt) without lapels tank tops and muscle s1middot1irts

NB Clothing andor other attire with obscenities profanities or sexually degrading remarks are not acceptable Hair must be clean and neat Faces must be clean-shaven or beards neatly trimmed Clothing must be tear and rip free with no visible patches and is to be cleaned and ironed as required Socks must be worn at all times with all types of footwear except for sandals

2 Drivers must be courteous and pleasant at all times and must conduct themselves in a professional business-like manner

3 There is to be no abusive foul language or gestures directed at customers or the general public

4 Consumption of alcohol or drugs will not be tolerated prior to the commencement of a shift andor while driving

5 There wiil be no arguing and fighting among drivers or other DJs personnel under any circumstances

6 No playing of cards or any other games of chance is allowed at any time when working This includes any form of gambling or betting on the air

7 Profanity or abusive language on the air or in your vehicle is prohibited at all times

8 Use of cell phone during the conveyance of a customer(s) is prohibited

9 Each taxicab and driver shall carry at all times a current street guide Drivers are to make proper use of this guide to avoid unnecessary air time

Collective Agreement ccCompanyraquo Page42

10 Deliveries are to be taken directly to the destination Running other fares while occupied on deliveries will not be permitted unless approved by the dispatcher

11 No messages between drivers are permitted Drivers will receive messages to call home spouse office union office partner or garage

In addition When an authorized Union rep asks the dispatcher to have a member of the bargaining unit call them for union business only this will be allowed and if necessary a phone number will be given

12 Picking up a fare while on the way to an accepted dispatch call will not be permitted

13 Drivers must allow 5 minutes wait at the customers pick-up address

14 Drivers shall take reasonable steps to ensure that they pickup only those fares that they are dispatched to Drivers must check with dispatcher for authorization before taking another fare from same address

15 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical breakdown emergency or any other reason(s) not herein listed the dispatcher shall reshydispatch the fare and suspend the driver for one (1) hour

16 Interference or jamming of the radio is a Federal offence and will not be tolerated

17 When necessary drivers must assist customers with handling of baggage and opening and closing of doors

18 No complaining to customers about short fares or time calls A list of regular short fares will be established and such fares shall be dispatched as Locals

19 At customers request music radio and other sound systems except for the twoshyway radio must be turned off

20 Driver must issue a receipt card upon request by customer Drivers signature must be clearly marked in the appropriate place on the receipt card There is no charge for the issuance of a receipt card

21 No new driver is to commence work until he has been briefed by OJS staff in the operating of our charge account system

22 Some of the guidelines in the operation of our charge account system are as follows

Collective Agreement laquoCompanyraquo Page43

(a) All charges are to be signed with car number (eg-DJ70) and date clearly written

(b) If the fare goes to more than one destination these other destinations are to be clearly marked on the reverse side of the chit

(c) Taxi chits to be signed by the customer and dollar value to be clearly marked

(d) Gift certificates which currently have a maximum value of $500 each are to be accepted at face value and change given as required

(e) Drivers must note on back of chit the drop offpick up address if it is different from address shown on face of chit

Drivers are prohibited from buying other drivers charges whether they be DJS drivers or other cab Companys charges Violation of this rule shall result in the following fines

1st offence -2d offence bull 3rd and subsequent offences-

$5000 per chit $10000 per chit $20000 per chit

plus the face value of each chitCredit Card in all cases

The parties agree that the above penalties are specific penalties within the meaning of the Ontario Labour Relations Act An Arbitrator shall not have the power to alter or modify any penalty imposed under this clause

(f) Drivers must accept all major credit cards approved by OJS Taxi

(g) Drivers are responsible for ensuring that all necessary information is clearly marked on charge vouchers as follows

bull Customers name and signature bull Card number (correct number of digits) bull Expiry date bull Drivers signature and car number (eg-DJ70) bull Ensure proper copies of charges are submitted to the Company for

processing bull No hand written major credit card sales drafts will be accepted

23 All cars are to be cleaned inside and out by 1000 am every day with due regard given to road and weather conditions

Collective Agreement Page44

24 All drivers must ensure that they have change for $2000 at all times and will not be removed from the sheet while getting change provided they are not called

25 No taxicab driver shall charge a passenger for

(a) The cost of proceeding to an establishment for change or

(b) Waiting time while a passenger obtains the change provided the bill presented for payment is of $2000 denomination or less

26 No vehicle to be left unattended with keys in the ignition

27 No person(s) unless authorized by the Company shall accompany the driver in the vehicle while heshe is occupied with a paying fare

28 Taxis must not be left unattended on a OJS taxi concession stand for more than ten (1 0) minutes

29 Only au~horized drivers with valid licenses can operate a taxi-licensed vehicle

30 Roof sign must be removed from vehicle when not on duty or involved in an accident

31 ALL DRIVERS ARE ADVISED THAT IT IS AGAINST THE LAW AND OJS TAXI COMPANY LIMITED POLICY TO REFUSE DOG GUIDES IN THEIR CABS REFUSAL WILL RESULT IN FINES AND DISCIPLINARY ACTION BY THE COMPANY

1st offence - 1 week suspension 2nd offence - 2 weeks suspension

3rd offence - Dismissal No longer working under the OJS roof sign

Accommodating Persons with Disabilities

The Management of OJS Taxi wishes to advise all its employees drivers and others operating under the OJS Taxi roof sign of the OJS Taxi policy with respect to blind passengers whether or not they use dog guides

Under the Blind Persons Rights Act of Ontario no person may either deny any person services customarily available to the public or discriminate against any person with respect to services available to the public for the reason that they are a blind person accompanied by a dog guide

Under the Ontario Human Rights Code every person has a right to equal treatment with respect to the supply of services which includes taxi services

Collective Agreement laquoCompanyraquo Page45

bull

without discrimination because of among other things a disability A disability includes any physical impairment such as being blind visually impaired deaf or hard of hearing

Guide Dogs and Taxi Services Many disabled persons are physically dependent on guide animals in their daily activities Canadians who are blind or visually impaired deaf or hard of hearing or who have other types of disabilities such as epilepsy are dependent on guide animals

Accommodation of these individuals necessitates that they be permitted to take their guide animals with them into taxi cabs Refusing to allow them to do so will infringe on their human rights and is against the Blind Persons Rights Act of Ontario and the Ontario Human Rights Code

This notice will simply repeat what should be apparent to you all that if a blind person with or without a dog guide is refused services by any OJS Taxi driver such actions will result in fines to the driver and other disciplinary action including the possibility of suspension by the Management of DJs Taxi Co Ltd

For more information regarding guide animals please review the attached pamphlet and information sheet published by Dog Guides Canada

Any inquiries concerning this policy should be directed to any member of the Management who will if it is required explain the policy to you

32 Drivers are not allowed in the dispatch office

33 All parking tickets will be paid by the rental driver responsible

34 In order to boost with Company owned taxicabs employees must request an obtain instruction from the garage manager or his designee on the proper method of boosting in order to reduce any risk of injury to the driver passenger and damage to the vehicle(s)

In the event of misuse employees at their discretion may be either disciplined in accordance with the principle of progressive discipline or have the option of reimbursing the Company for the cost of damaged parts

35 Any driver operating a taxi while his drivers license or taxi license is under suspension will be disciplined unless the driver can obtain written proof from the Ontario Ministry of Transport andor the appropriate taxi licensing authority that the driver did not receive evidence that hisher license was suspended or cancelled

36 When necessary or requested all elderly andor disabled customers are to be assisted in and out of taxicab at all times

Collective Agreement laquoCompanyraquo Page 46

37 No stealing fares

38 Drivers are not allowed to book no loads and run the fare

39 Drivers cannot refuse dispatched fares subject to article 1304 andor where the driver believes his safety or health is at risk

40 Failure to come to voice after two (2) requests by the Dispatch Supervisor will result in the Driver being suspended in the computer

41 Dispatch staff will not make phone calls for drivers unless it is an emergency situation

42 There shall be no personalization of any fares or trips placed through the Dispatch System of OJS Taxi except for returns east of but not including the Civic Hospital within the same twenty-four (24) hour period Where a return-call has been prearranged through the Dispatch System prior to the initial call being dispatched then the return-call cannot be personalized

43 Drivers will pay monies owed to the company by 400pm on the day that they are due No driver with an outstanding balance will be allowed to book on the sheet until their account is paid in full to the business office This means credited to their account and a receipt issued

44 Dispatchers shall give the line-up every thirty- (30) minutes except for the months of December January and February On implementation of the Computerized Dispatch this clause will be eliminated

45 All deliveries shall be given out as regular calls except where provided in this agreement and all employees shall have the option to refuse to deliver alcohol When a dispatcher requests a driver to call him for information concerning a delivery the dispatcher will first give the delivery address over the radio to ensure the delivery is being dispatched correctly

46 When drivers book out of their cars to attend scheduled complaint meeting appointments they shall be allowed to remain in their spot on the line up queue passed by for fares and treated by the dispatch as if they are no longer on the sheet

When the affected driver returns to his car and books back in he shall be returned to his position in the line up queue and given his next rightful fare

The maximum time a driver shall be allowed to book out for a complaint meeting is one half-hour

Collective Agreement laquoCompanyraquo Page 47

This rule shall only apply if the affected driver does not incur any discipline as a result of the complaint meeting

47 All cabs at DJS Taxi must have a mike clip and the clip must be used Drivers must pick up their mike when communicating

48 Drivers using vans as taxicabs must have and make use of (when requested or required) a portable step to assist passengers in and out of their vehicles

49 All taxicabs must be free of any body damage and any damage must be repaired within ninety- (90) days

50 Roof signs must be kept in good working order and condition with Company approved logo clearly visible front and rear

51 In order to ensure equipment is compatible with computer dispatch system all new radio equipment must be approved by the Company prior to installation

Collective Agreement laquoCompanyraquo Page48

SCHEDULE D CREDIT CARD POLICY amp PROCEDURES

DRIVERS MUST ACCEPT ALL COMPANY APPROVED CHARGES CREDIT AND DEBIT CARDS

DRIVERS MUST HAVE A POINT OF SALE UNIT AND A MANUAL PRINTER PER CURRENT BYLAW CITY OF OTTAWA

Due to the increased use of fraudulent Credit Cards by customers in taxicabs the following procedures have been developed to protect drivers from falling victim to Credit card fraud When accepting Credit cards the following rules must be followed

Credit and Debit Cards- the following rules must be followed

AUTHORIZATION OF ALL DEBIT AND CREDIT CARDS

All Credit Card slips must be authorized regardless of amount Verification is generally done after the fare is completed but verification of an estimated or known amount can be done prior to the completion of the trip if

bull The destination is beyond the radio coverage area bull The driver has reason(s) to suspect the validity of the card

INFORMATION REQUIRED FOR ACCEPTANCE OF DEBIT ANDOR CREDIT CARD SLIP FOR PAYMENT The completed Credit Card slip must contain all the following information

(a) Vehicle Number (pre-printed on POS slip if not to be written by hand at the bottom of the slip)

(b) Drivers ID Number and Initials (c) Amount of fare and gratuity (if applicable) (d) Authorization number (Pre-printed on POS slip) (e) Date of the fare (Pre-printed on POS slip) (f) The Debit or Credit Card must be swiped at all times (in the event that the

receipt does not print imprinting Credit Card only on manual imprinter is acceptable with customers signature but the imprint of the card number has to be clear) In the case of a swiped transaction part of the card number will display per Credit and Debit Card industry rules

(g) Customers signature clearly written (Credit Card only) marked TRANSACTION COPY We will accept the CUSTOMER COPY as long as it has the customers signature Debit POS slips are to be submitted marked TRANSACTION COPY NO SIGNATURE IS REQUIRED

Collective Agreement laquoCompanyraquo Page49

DISPUTES BY A CUSTOMER

Should a debit or credit card slip be disputed by the customer their bank or other financial institution the company will investigate If such investigation proves fraud or error by the driver the driver will be charged back for the full amount of the charge

If the disputed transaction was processed on a non-company unit a $500 plus HST charge plus the value of the charge will be debited to the drivers account The Company will refund the customer for the value of the charge

Should a customer andor driver report that the charge has been approved more than once the Company will investigate The Company does not allow any refunds in the taxicab Drivers can void a transaction but this must be done before Batch Closing the transaction A Void can only be done in the presence of the customer as the card (debit or credit) must be present The driver can then re-swipe the card for the correct amount The Company publishes a toll free number for customers or drivers to call with any concerns about a transaction If a customer has been charged more than once for the incorrect amount the following procedures apply

Credit Card

The Company will verify that the customer was charged multiple times or has been over-charged and issue a refund as necessary The Company will send a copy to the customer upon request All refunds are processed on a Point of Sale unit or Virtual Merchant (on-line) The Company may contact the driver to determine the validity of the customers details

Debit Card

The Company will verify that the customer was charged multiple times or has been overcharged and issue a cheque refund as necessary The Company keeps a copy of the cheque issued

GENERAL INFORMATIONGUIDELINES

1 If the driver has overcharged the customer and has been paid the incorrect amount the Company will adjust the drivers account and provide a receipt The Company maintains a log in the even there is a dispute by the driver or the customer If the driver reports the overcharge that is logged on a Customer Incident Form which has a Control Number

2 Hand written Credit Cards will not be accepted All Credit Cards must be passed through a manual imprinter which clearly shows the full credit card number If the credit card number is not clear and cannot be authorized

Collective Agreement laquoCompany Page 50

the driver will face debitchargeback of the amount as it cannot be authorized

3 The only Credit Cards accepted by Taxitab a division of Coventry Connections Inc are

i Visa ii Mastercard iii American Express

Note Visa Mastercard and American Express all issue prepaid credit cards these are all accepted

4 Taxitab a Division of Coventry Connections accepts Debit Cards for Canadian Financial Institutions Debit Cards for foreign banks may not

work on the unit Visa Mastercard have commenced issuing Debit Cards these are all accepted These cards are clearly marked on the face of the card with the Visa and Mastercard logos

5 The following items are to be checkedverified by the driver upon presentation of a Credit Car (a to d) Debit Card (d only)

CHECK LIST

(a) Expiry Date Ensure the card is valid Check to be sure that the Card is not being used beyond the expiry date printed on the card If the card is expired refuse to accept it

(b) Altered Cards Check to see if the card has been noticeably altered in any way If it has been refuse to accept it

(c) Card holders name and signature Check that the signature on the Credit Card slip is the same name printed on the card At the same time check that the signature is the same as the signature on the rear of the card If there is no signature on the rear of the card ask the customer to sign it as you are required to check this

If in doubt ask to see some other form of identification (preferably one with a picture and signature) that ensures that the person using the card is who they say they are

(d) Amount of fare and gratuity (if applicable) The amount of the Debit or Credit card slip must be equal to the amount of the fare and the gratuity (where applicable) Each amount should be entered in their respective places and only by the customer unless otherwise directed In the case of a Debit Card customer must always enter their PIN number to

Collective Agreement ltbullCompany Page 51

authorize the card Drivers must remind customer that the TIP field comes first followed by the PIN number

(e) $150 Surcharge

Debit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated by the City of Ottawa By-Law The $150 charge is prompted by the point of sale unit automatically The Driver receives 65cent of the $150 for every transaction

Credit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated in the City of Ottawa By-Law The $150 charge is NOT prompted by the point of sale unit automatically The driver adds the $150 to the metered amount and enters this total in the base amount field

6 CAUTIONS

7

(a)

(b)

(c)

Bank Card only have the Bank name on the card

Credit Cards are identified by the VISA MASTERCARD AMERICAN EXPRESS OR DINERS CLUB-ENROUTE symbols Only Cards with these symbols will be accepted

Credit Cards will have a holographic image on the face of the card

CASH ADVANCES

The use of Credit Cards for cash advances in the taxicab is not permitted Credit Cards must only be used in the taxicab for paying for an actual fare Anyone using a Credit Card in a taxicab to obtain cash advance is most likely using a stolen or fraudulent card

8 OUT OF TOWN FARES

For the drivers protection it is suggested that for fares going out of town and the customer wishes to pay by Credit Card it is recommended that the driver authorize the fare at the beginning of the trip (dispatcher can give an estimated amount) If there is a difference process the difference at the end of the trip There is a pre-authorization feature available for Credit Card only on the Point of Sale unit The Company can activate this on driver request but the driver must be

Collective Agreement ccCompany)) Page 52

bull

9

given correct training for this There are several steps involved with pre-authorization that must be followed before batch closing

BATCH CLOSING

Drivers must close transaction in the terminals at the end of their shift Credit Card authorizations only remain in the terminal for five (5) days after that the processor closes them automatically Drivers must batch close all credit cards no later than four (4) days in order for the items to appear on the batch close report

Batch Close reports will print separately for Debit and Credit Cards and list the details of the transactions in the terminals showing the card type and the last four (4) digits of the card involved This Batch close cannot be reprinted drivers must hold on to them Attach the slips to the Batch Close and bring to the cashier The cashier will verify the attached slips are on the batch close and proceed to pay or credit the driver assuming all slips are authorized and complete (as discussed above under (1) Authorization Procedures)

The following circumstances regarding Batch Closes will apply

(i) Batch Close with All Debit and Signed Credit Card slips- Driver will be paid or credited at time of presentation at a cashiering station

(ii) Batch Close- No Debit Slips if the batch close shows a Debit Slip and the driver has misplaced or lost the slip the Driver will be paid or credited at the time of presentation at a cashiering station

(iii) Batch Close No Credit Card Slip- No Slip No Payment at time of cashiering (driver is to go to Driver Admin in this instance) If the driver has a signed manual slip and the last 4 numbers of the card match those on the batch close the slip will be accepted by the cashier

NO BATCH CLOSE REPORT -If a Driver has lost or misplaced Batch Close report the Driver is to go straight to Driver Admin (not cashiering) The Driver is to bring the receipts (if there is a credit card slip with no signature there is a separate procedure for this below) he has for which he has not batch close Driver Admin will initiate a Batch Close Incident Report which has a Control Number for future reference The Procedure is as follows

(i) Driver Admin to Photocopy all Slips and write the Control from the Batch Close Incident Form on the photocopy and date the sheet The

Collective Agreement ccCompanyraquo Page 53

bull

bull

Driver is to keep this in the event of a dispute or apparent nonshypayment in account

(ii) Driver Admin will complete the top copy of the report attach a copy of the slips The Driver will complete the bottom part of the report and sign it

(iii) Management will need 72 hours (three business days) from the date of Incident Report to investigate the transaction has been settled in the POS unit

(iv) Providing Management confirms the transaction is complete the slips will be credited to the Drivers account and a receipt will be printed A copy of the receipt is attached to the Batch Close Incident Report The Control from the Form is entered when the the amount is credited for reference A receipt can be printed at that time by cashier

(v) In the event that a driver does not have a Batch Close and presents a credit card slip with no signature the following will apply

(vi) If the Driver experiences a problem with the Batch Close or operation of the unit the Driver is to bring the unit to the office during normal hours Management will investigate the issue and call Driver to reshyissue the unit completing paperwork for the replacement unit which the driver will sign

Any driver attempting to defraud a customer by processing a debit or credit slip more than once will be terminated

Collective Agreement laquoCompany)) Page 54

bull

bull

SCHEDULE E STOLEN FARE POLICY

Whenever the Dispatch Supervisor receives a complaint that a fare either dispatched to the complainant or from within the same block of taxi standconcession on which the complainant is parked has been stolen and the identification of the accused is made known the Supervisor shall

(a) Bring the accused to voice and notify himher of the allegations

(b) Inform the complainant that a deposit of forty dollars ($4000) must accompany his accusation and to be deposited within one (1) hour of the complaint Where applicable inform the complainant that the accused wishes to challenge the allegations and the date and time of the hearing shall be known to both parties

(c) A failure of either party to attend the hearing will result in an additional fine of forty dollars ($4000) to be paid within sixty (60) minutes of the conclusion of the hearing or a suspension ob the absent party until payment is received

(d) Inform the accused of the available options

(i) Arrange for repayment of the fare in its entirety to a minimum of forty dollars ($4000) to the complainant a Union representative or the Company on behalf of the complainant within sixty (60) minutes or

(ii) If the allegation is being denied and the accused wishes to refute it forty dollars ($4000) must be deposited at the dispatch office within sixty (60) minutes with a notification to the Dispatch Supervisor that the allegation is being challenged

Where the accused fails to respond to two (2) voice messages or refuses to comply with (c) the accused shall have dispatch services suspended until in compliance or the Company receives instructions from a Union Representative to do otherwise

The penalty for a wrongful accusation is the payment of forty dollars ($4000) to the accused by the accuser in addition to the return of the accuseds deposited payment

It is understood and agreed that the action(s) of the Dispatch Supervisor(s) in the compliance of this Policy is not to be construed as a determination of who is the guilty party In all disputes regarding stolen fares the Committee shall make the final determination with respect to guilt

Collective Agreement laquoCompany Page 55

bull

bull

Note Such fare(s) will not be considered as Stolen Fare(s) if picked up by driver(s) arriving on the Concession(s)Taxi Stand(s) prior the driver(s) who accepted the dispatched fare(s)

Collective Agreement ((Company Page 56

bull bull

APPENDIX 1

PLATE CAR LESSEE IND START LESSEE START

1 1027 5027 ADAM GRANT 1 91111986 111987

2 1015 5015 TIMS VAUGHN 411995 411995

3 1043 5043 MARTON FERENC G 10251995 10251995

4 1050 5050 DUBOIS JOHN 12111994 311996

5 1048 5048 SUNIL JOSHI 1111994 711996

6 1030 5030 SLIM MOHAMED 711996 7111996

7 1041 5041 JAMALEDDINE ZAHER 911996 911996

8 1040 5040 MAHEUX FRANK 11151996 181997

9 1109 1 5109 ASTLEY JAMES 1011994 1131997

10 1045 5045 MELHEM SAMIR 1211996 9211997

11 1028 5028 LABINE ANTHONY 10151980 11281997

12 1054 5054 ELmiddotNEMER NEMER 11131997 21271998

13 1113 5113 WEAGANT BROCK C 82211988 3131998

i

14 1039 5039 SOBH HAC HEM 11171997 5111998

15 1044 1 5044 MOUFARREJ RAYMOND 10241996 1161998

16 1042 5042 MCCONVILLE BILL 311992 11111998

17 1107 5107 GIANNAKOS LOUIS I 9111997 491999

18 1026 5026 VERMA LALIT 51261996 5311999

19 1033 5033 MITCHELL BRUCE 111987 9301999

i

20 1108 5108 PAPPAS CHRISTINE 121111991 1041999

rmiddot 1014 5014 NYTRA BEDRICH 961996 3302000

22 1000 5000 ABOUmiddotARRAG SAM I 611997 7132000

23 1038 5038 MUNROE JOHN 1111977 492001

24 1022 5022 RADULESCU GELU 611999 5232002

25 1139 5139 HASSOUN I MOUFID 71211999 8152002

26 1006 5006 SADER I GHASSAN 6211999 292004

27 1029 5029 CLAYTON GREG 911980 21132004

Collective Agreement ccCompany Page 57

bull

28 1034 5034 IBRAHIM 12301995 4302004

29 1037 5037 ABDALLA HASSAN I 3312000 2202006

30 1010 5010 HASSOUN AD NAN 8272001 312006

31 1031 MASSOUD 1241998 312006

32 1 1o35 5035 JANCO 911992 362006

1 33 1036 5036 SINGH BALWANT 92211999 3172006

Collective Agreement ltltCompanyraquo Page 58

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 27: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

1901 (a)

(b)

All rental drivers (12 amp 24 hours) of the Owners Group shall be entitled to the following days off provided that they have worked more than three (3) consecutive months under the Companys roof sign

All single plate owners (SPO) and single plate lessees (SPL) shall be entitled to the following days off provided that they have completed three (3) months of service under the Companys roof sign and they shall not be charged plate rent or stand rent for said statutory holidays

Employees meeting the criteria outlined in (a) and (b) above shall be given credit for said days whether they choose to work or not Credits for statutory holidays shall be given at the time that payment is made for the period covering the day of the holiday

New Years Day Family Day Good Friday

Victoria Day Canada Day Labour Day

ARTICLE 20 TIME OFF

Thanksgiving Day Christmas Day Boxing Day

2001 All rental drivers (12 amp 24 hours) shall be entitled to four (4) weeks annual time-off

All single plate lessees (SPL) shall be entitled to five (5) weeks annual time-off for which they shall not be charged stand rent for time-off taken During said time-off heshe shall not be charged plate rent for the first four (4) weeks

All single plate owners (SPO) shall be entitled to seven (7) weeks annual time-off During this period they shall not be charged stand rent

SPOs and SPLs outlined above will be granted their requested time-off entitlement provided they have no balance owing and provided that a minimum of one (1) week written notice is given to the individual Member of the Owners Group (MOG) and the Company and provided further that said drivers have a minimum of one (1) completed year of uninterrupted service under the Companys roof sign

In cases of accidents and major breakdowns involving SPO and SPL no notice period will be required for time-off and credits for such time-off will be based on daily increments

Where a SPOor a SPL has used all hisher allotted time off and said SPO or SPL has an accident or major breakdown heshe will be given up to a maximum of ten (1 0) additional days of time off and during said time

Collective Agreement laquoCompanygtbull Page 25

heshe shall not be charged any stand rent subject to proof of inoperability of the vehicle being provided

In the case of SPOs and SPLs extended time-off will be allowed for overseas trips All rents must be paid in advance to cover the time off for the extension

Explanation Car owners time off is only when the car is off the road If the SPO or SPL puts a driver on the car it is not considered part of this time off

2002 Single plate owners and single plate lessees will be responsible for arranging for time off for their drivers

2003 Time off may be taken weekly or bi-weekly at the employees discretion Provided further where the employee has taken a minimum of one (1) week heshe may take additional days) of less than weekly increments) in conjunction with the one 1) week

2004 Time off must be taken during the calendar year and cannot be accumulated over more than one calendar (1 year

2005 The MOG SPL and SPO agree that roof signs taxi plates and all other items (computer equipment will remain with the Company during the employees time-off and in the case of rental drivers the rental vehicle will be returned to the vehicle owner

ARTICLE 21 INSURANCE

21 01 Every car owner has the right to obtain insurance from the broker or Company of their choice without interference from the Owners Group

2102 The Owners Group shall upon written request from an employee who is presently insured by a member of the Owners Group provide written details of claim settlements and accident records

2103 The Company shall provide at no extra cost motor vehicle insurance coverage with collision provision deductible not exceeding $75000 or the cost of repair whichever is less for each at fault accident

21 04 The Company shall provide at no extra cost comprehensive coverage with zero deductible including but not limited to middotfire and theft It is agreed and understood that comprehensive coverage does not cover driver owned equipment

Collective Agreement Page26

21 05 The Company shall provide accident benefit coverage as set out in the OAP 1 of the Ontario Automobile Insurance Act and shall abide by the guidelines and statutory conditions as set out by the Insurance Company with whom the Company is insured

2106 With respect to Articles 2103 2104 and 2106 above which applies to accessible shift vehicles only) the Companys obligation is to provide insurance coverage only Any determination of whether a driver is entitled to insurance benefits andor whether a claim shall be paid or denied in any given situation shall be the sole and exclusive responsibility of the Insurance Company

2107 A driver who is insured through the Company shall provide the Company with a Motor Vehicle Drivers Abstract one month before the annual renewal of the Companys insurance policy A driver shall provide additional Motor Vehicle Drivers Abstracts as requested by the Insurer

21 08 The Companys insurer may judge a driver to be a high risk and may assess a surcharge accordingly A driver who is found tomiddot be a higher risk will bear the cost of any such surcharge

21 09 A driver insured by the Companys insurer who is involved in an accident shall regardless of whether he or she was at fault notify the dispatcher immediately The driver shall indicate whether the accident should be reported to the police and whether the customer or driver require medical attention Following notification of the dispatcher the driver shall remove the roof sign from the vehicle and record to the best of his or her ability all relevant information The driver shall bring the relevant information to the office within 24 hours of the incident excluding weekends and holidays)

2110 Drivers are responsible for the replacement of all lost or stolen antennae andor roof signs

2111 The Company shall pay the full El payments for all rental drivers In the event of an increase in the premiums during the life of this Collective Agreement drivers shall pay the drivers share of the increase

2112 All drivers who are insured through the Company obtained insurance must sign the Companys insurance agreement prior to commencing work The Company shall provide insurance agreements with no more than a $75000 deductible to be paid after the accident The amount shall be paid at the rate of $1000 per shift until fully paid

Collective Agreement ((Companyraquo Page27

ARTICLE 22 TAXI PLATE SALES

2201 1 Members of the Owners Group shall be able to sell plate(s) in the following manner

2202

(a) A notice of its intent to sell plate(s) shall be posted and announced over the dispatch system for a period of three (3) days and shall be offered to the lessees and rental drivers in the bargaining unit

(b) Where there is more than one interested applicant the plate(s) shall be offered based on seniority and plates sold shall be the plate of the most junior lesseedriver

Where the sale will result in the layoff of a driver that driver shall be recalled prior to any new hires by all Members of the Owners Group

2 Where there are no applicants the Member of the Owners Group will sell the last leased plate at their discretion Any driver laid off shall be recalled prior to any new hires by all members of the Owners Group

3 Sale of More Than One Plate at One Time

4

5

The Owners Group has the right to sell to whomever they choose provided that no one is displaced

In the event that the most junior lessee is displaced as a result of the sale of the plate the Company agrees to pay to the displaced lessee no more than fifty-five thousand dollars ($5500000) in the first year of this Agreement and according to the succession plan as outlined in article 23 for the following years of this Agreement This would apply only if the said lessee has complied with the succession plan as per article 23

An individual Member of the Owners Group shall not require any of his drivers to give up their rights under this Agreement and work under another roof sign without the drivers written consent given before a Notary Public for Ontario The Union shall be supplied with copies of the consents

In the case where a Member of the Owners Group is leasing a taxi plate and the Member of the Owners Group has a car under this plate and this vehicle is then rented out on a 12 or 24 hour rental this article then does not apply The Owners Group cannot be held responsible for any damage or compensation that may arise from the actions taken by the 3rd party

Collective Agreement laquoCompanyraquo Page28

2301

2302

2303

1

2

3

4

ARTICLE 23 SUCCESSION AND TAXI PLATE LEASES

Definition

The process by which the lessee of a Company-owned taxi license plate having determined that heshe wishes to retire andor otherwise terminate hisher relationship with the Company and having officially notified in writing both the Union and the Company of hisher intention to do so offers the opportunity to hisher driver to be the lessees successor all in accordance with the conditions sot out in this Article

In order to be eligible to offer a lease for succession the lessee must have been a party to a valid taxi plate Leasing Agreement with the Company for a minimum of one (1) year and have two (2) years of continuous uninterrupted service operating a taxi vehicle under the Companys roof sign The lessee must also be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

In order to qualify as a successor the driver must be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

An offer for succession shall follow the following order

No offer for succession can be made until the day after the final version of the seniority list as outlined in Appendix 2 has been agreed upon and signed-off by the Parties

The lessee must notify the Company and the Union in writing of hisher intention to exercise the option of succession and the projected date of the succession

The taxi plate lease shall be offered to the lessees current driver (if any) who shall have thirty (30) days to reject or accept the succession

If the offer is rejected or thirty (30) days have passed since the offer was made the taxi plate lease shall be offered to the drivers who are not single plate lessees (SPL) or a single plate owner (SPO) on the seniority list who shall have thirty (30) days to reject or accept the succession

Collective Agreement ltltCompanygtgt Page29

5

6

2304

2305

2306

2307

2308

2309

The most senior driver on the seniority list (who is not a single plate lessee-SPL or single plate owner-S PO) who accepts the succession shall be the successful incumbent lessee

In the event that no driver accepts the succession the lessee may ask that his request for succession be held in abeyance until such time as an incumbent lessee is found or may retire andor otherwise terminate hisher relationship with the Company at the time of hisher choosing In the event that the lessee retires andor terminates hisher employment relationship the taxi plate shall be returned to the Company and assigned to the next senior eligible driver as per the Companys past practice

The succession shall be valued at no more and no less than fifty-five thousand dollars ($5500000) except as modified as per sub-Article 2308 The driver (incumbent lessee) shall pay to the lessee the full value of the succession fee within sixty (60) days of the date of acceptance of the offer Once the driver has paid the succession fee the driver becomes a single plate lessee for the purposes of this Collective Agreement and will assume all rights duties responsibilities and obligations of a single plate lessee as set out in this Collective Agreement

The Parties agree that any monies or other considerations paid to a lessee at any time other than the time set out in sub-Article 2304 above shall not be counted towards the succession fee

The amount of $300000 (plus HST if applicable) shall be paid to the Company as a consulting fee by the incumbent lessee no later than the day before the day the incumbent lessee becomes a single plate lessee for the purposes of this Collective Agreement

Any lessee who exercises the succession option voluntarily terminates hisher employment with the Company and loses all seniority A driver who wishes to subsequently be rehired by the Company as a driver shall be placed at the bottom of the seniority list The driver will be eligible to become a lessee two (2) years from the date of hisher rehiring

The amount set out in sub-Article 2304 shall be increased annually on the date of the plate and stand rent increases set out in Article 27 of this Collective Agreement The annual increase shall be the same as the average of the percentage increase in the plate rent and the stand rent for that year

In the event of the death of a lessee and provided the lessee is up to date with all payments to the Company and has no outstanding amounts owing to the Company whatsoever the lessees estate shall have up to six (6) months from the date of death to exercise the option of succession

Collective Agreement laquoCompanybullbull Page 30

2310

2311

(a)

(b)

(c)

2312

Leasing agreements must be entered into provided they do not conflict with the terms of this Agreement

Without limiting the generality of 2310 in any way whatsoever a leasing agreement shall contain the following provisions

The lease shall terminate automatically for failure to fuHill any term of the lease including but not limited to failure by the lessee to fulfill any financial obligation or failure by the lessee to obtain replacement insurance in the event of cancellation of insurance

The lessee shall be the principal driver of the taxi vehicle which is attached to the taxi license plate

This Collective Agreement between the parties shall be the entire agreement and there shall be no other fee condition or other obligation except those set out in the Collective Agreement

All leased plates shall remain as such and shall not be converted to rental vehicles for the duration of this Agreement provided there are persons willing to leased said plates

ARTICLE 24 GRIEVANCE PROCEDURE

2401 A grievance shall include any issue regarding the interpretation administration application or alleged violation of this agreement It is the mutual desire of the parties that complaints of the drivers be adjusted as quickly as possible To that end the parties have adopted the following grievance procedure

STEP 1 A driver may bring his complaint to the Supervisor of the Members of the Owners Group If the driver does bring his complaint to the Supervisor he must do so within twenty (20) days of the incident or of he having knowledge of this incident giving rise to the complaint Where the complaint is brought forward it must be given to the Supervisor and the Supervisor shall reply within two (2) working days

STEP 2 Failing settlement of the complaint at Step 1 or where the driver has chosen not to avail himself of Step 1 the driver must file the grievance in writing within twenty (20) days of the incident or omiddotf he having knowledge of this incident giving rise to the grievance The grievance must be referred to the Member of the Owners Group claimed to be responsible andor any other person designated by the Member of the Owners Group Grievances shall be dealt with at the Step 2 meeting which shall be scheduled on the 3rd Wednesday of every month This monthly Step 2

Collective Agreement ccCompanyraquo Page 31

meeting shall be one meeting held at the Companys office Where the grievance involves the discharge of a driver the parties agree to meet within ten (1 0) working days of the filing of the grievance A representative of the Union shall be present at all step 2 meetings The Member of the Owners Group must respond within three (3) working days of the meeting

2402 Should a group grievance or a Union or policy grievance develop it shall be filed at Step 2 within twenty-five (25) days of the incident giving rise to the grievance or of the drivers or Union having knowledge of this incident

2403 Failing settlement under the above the matter in dispute may be taken to arbitration in accordance with article 26

2404 Drivers employed by single plate owners and single plate lessees may not grieve matters or disputes arising between the driver and the single plate owner or single plate lessee A committee shall be set up and made up of equal numbers of Uniondriver and Company personnel to assist in resolving disputes between the drivers and single plate owner and single plate lessee The committee shall have the power to determine a procedure to be followed as well as to determine fault and penalties

ARTICLE 25 ARBIrRATION

2501 After exhausting the provisions of the grievance procedure either of the parties may submit a grievance to arbitration either expedited or formal in writing within thirty (30) days of the Step 2 reply or if there is no reply within thirty (30) days after the expiration of the time limits to provide a reply

2502 Unless otherwise mutually agreed by the parties all grievances referred to arbitration not relating to an indefinite suspension a discharge or any separation of employment or to the interpretation of the collective agreement group grievances and policy grievances shall be referred to the expedited process

Grievances referred to arbitration in respect of indefinite suspensions discharge or separation of employment for any reason or to the interpretation of the collective agreement and group grievances may only be referred to this expedited process by the mutual agreement of the parties

2503 Within fourteen (14) days after notice has been given that the grievance will proceed to formal arbitration the parties shall meet and agree on a single arbitrator If the parties cannot agree on an arbitrator within this time limit either party may request the Minister of Labour to appoint an

Collective Agreement laquoCompanyraquo Page32

arbitrator and this appointment shall be binding on both parties In respect of the cost of arbitration of formal grievances the parties shall share equally the fee and expenses of the sole arbitrator

2504 The formal arbitrator shall have the right to exercise all the powers provided by the Labour Relations Act as amended from time to time

2505 The Arbitrator must hand down a written decision within sixty (60) days of the date of the hearing

2506 As an alternative to the formal arbitration process set out in the foregoing paragraphs a grievance may be referred to a previously agreed-upon person who shall hear the grievance and who shall at the conclusion of the hearing give a decision immediately Such decisions may not be used to alter modify or amend any part of the collective agreement and are made without precedent or prejudice to similar or like cases Such a decision shall be final and binding upon both parties and no further action may be taken on that grievance by any means whatsoever

2507 To maintain the efficiency of this expedited process the parties shall schedule a minimum of one (1) day of arbitration every three- (3) months except in those circumstances where either party deems it necessary to schedule the arbitrator more frequently

2508 The parties shall share equally the fee and expenses of the persons selected to hear the expedited arbitration cases

2509 At all expedited arbitration hearings the Company or Member of the Owners Group shall be represented by a member of their management and the Union shall be represented by a Union staff representative or an officersteward of the Local Union

2510 The Union shall forward to the representative of the Member of the Owners Group a list of the expedited grievances to be heard on the day or days scheduled for the hearing of grievances according to the expedited arbitration procedure The aforementioned list shall be forwarded to the representative of the Member of the Owners Group no later than ten (10) working days in advance of the hearing unless otherwise mutually agreed

2511 By exception a party may call one (1) witness at an expedited arbitration

2512 Prior to proceeding to formal or expedited arbitration and at least thirty (30) days prior to the date of arbitration the parties may upon mutually agreement request that any grievance be referred to a mediator to act as a grievance mediation officer for the purpose of attempting to

Collective Agreement laquoCompanyraquo Page33

mediate a settlement of the grievance The parties shall share equally the fee and expenses of this officer

ARTICLE 26 TAXI PACKAGE

2601 The employer shall provide to the rental driver at no extra cost motor vehicle insurance with a collision provision deductible not exceeding $50000 for each accident at fault

The Owners Group shall also provide to the rental driver at no extra cost comprehensive coverage with zero (0) deductible including but not limited to fire and theft It is agreed and understood that comprehensive coverage does not cover driver added equipment

2602 Each rental driver shall be supplied for a daily twelve (12) or twenty-four (24) hour period at no extra cost a roadworthy safe sedan four (4) door taxicab with proper weather resistant tires for all seasons and with a seating capacity for not less than four (4) passengers containing

2701

2702

2703

1 A roof sign 2 A sealed taxi meter 3 A two-way radio 4 A full size spare tire subject to space limitations 5 A tire tool 6 A jack 7 A mike clip 8 A full tank of gas at start date 9 Air conditioning on replacement vehicle where possible 10 An electric rear window defroster or blower

Any equipment owned by the Owners Group that becomes inoperative shall be repaired as soon as possible

ARTICLE 27 RENTAL CHARGES AND TERMS OF AGREEMENT

This agreement shall take effect upon ratification and be binding on both parties for three (3) years and shall continue for annual periods of one year each unless either party gives at least one hundred and twenty (120) days notice that it wishes to amend this agreement

It is agreed and understood that this agreement will remain in full force and effect until amended by negotiations

Rates shall be as follows

Collective Agreement laquoCompanyn Page 34

712011 712012 712013

Stand Rent (monthly) $43900 $45000 $45900

Plate Rent (monthly) $71926 $75000 $75960

Daily Car Rental 24 hr Regular Plated $9700 $9700 $9700

24 hr Accessible Plated $10500 $10500 $10500 12 hr Regular Plated $6700 $ 6700 $6700

12 hr Accessible Plated middot $8300 $8300 $8300

Credit Card Transaction 50 50 50

Debit Card (per) Transaction $065 $065 $065 (To the Driver)

POS Rental Fee (monthly) $800 $800 $800

POS Insurance (monthly) $300 $300 $300

Note The above rates do not include HST

Note For purposes of car rental rates the weekly rents shall be six (6) times the daily rent

Note It is recommended that drivers use Company supplied POS machines and systems

2704 Employees shall pay all monies owed to the Company in the following manner Monthly By the 5th business day of the month

2705 Any employee failing to pay monies by the above dates and times shall be suspended and not reinstated until the monies are paid in full and credited to their account

2706 Employees shall be entitled to pay their rents to the company by company approved charges cash and cheque - provided the employee has at least one (1) year of seniority

Employee(s) who have one (1) cheque returned NSF shall be suspended immediately upon the company receiving notification from the

Collective Agreement ((Company Page35

bank shall lose such privilege for twelve (12) months and shall be charged the appropriate charges

ARriCLE 28 GENERAL

2801 The Company and drivers shall maintain its internal company charge system and accept major credit cards which currently include Visa Mastercard American Express and Diners Cluben Route as approved by the Company

2802

2803

2804

2805

2806

2807

This system shall continue for the duration of this Agreement so long as external factors outside the Companys control do not prevent the Company from doing so Drivers shall be entitled to cash their charges provided they do not have any outstanding balances at the offices of the Company during the hours of 0830am to 400pm Monday to Friday except holidays The Company shall make available to the employees during normal business office hours receipt cards and credit card slips All credit card charges must be authorized

Drivers shall pay a fee of five (5) of all credit card charges that they redeem

Except as otherwise provided in this agreement all passengers shall be treated in a polite professional courteous and businesslike manner at all times by both the Owners Group and the employees

If requested a properly signed receipt shall be furnished by the owner for all payments made by the driver (If requested said receipt shall show a breakdown of all payments made by the driver and the dates for which they apply) For the purposes of this clause a numbered computer receipt shall be deemed to be signed

The employees who own their own vehicles whether or not they own their own license shall have absolute choice as to where their vehicle is to be repaired andor maintained

No employee either full-time or part-time shall abuse or mistreat any vehicle or equipment (ie roof sign radios meters and aerials)

The Owners Group agrees to work with the Union to lobby the City of Ottawa to allocate stands where necessary and appropriate

The Company agrees to provide the Union with the rules covering the stands controlled by concession agreements

Collective Agreement ccCompanyraquo Page 36

bull

2808 Subject to the provision of adequate insurance coverage all car owners shall be free to place a second driver or a third driver on their vehicles should they require without interference from the Company

2809

2810

2811

2812

2813

2814

In the event the Company refuses an individual employment as a second driver or as a third driver the Company agrees that such refusal may be the subject of a grievance and the onus of proof shall rest with the Company to show just cause for such refusal

The parties agree that no vehicle will have more than three (3) drivers at any one (1) time

The Company shall take reasonable steps to maintain all current concession agreements for the duration of this agreement The Company shall take all reasonable steps to obtain additional concession agreements

The Company shall have a phone line separate from the dispatch office so that drivers business people friends of the office staff may call through middot without having to tie up the dispatchers time The separate phone line may be used by the dispatch office during non-business hours

Time-off without rental fees or loss of seniority will be given to those members of the bargaining unit who are called for jury duty Rental driver(s) must park their rental vehicle(s) at the Companys premises should the jury duty go beyond three (3) days

The Company shall maintain a drivers waiting area As well the Company shall allow the drivers to use the telephone in the office for local calls only pursuant to the current past practice

In the event of an assessment to the CompanyOwners Group by WSIB in relation to the provision of WSIB benefits for the Bargaining unit personnel the CompanyOwners group and the Union agree to renegotiate in good faith the rates set out in Article 2703 Where the parties fail to reach agreement on the issue the matter shall be referred to an arbitrator for full and final settlement

When a customer complaint is received by the dispatcher the latter will advise the customer that an authorized representative of the Company will handle the complaint in an expeditious manner Upon request by the Union the Company shall provide a copy of the computer printout and all other relevant information including but not limited to any taped conversation related to the complaint being investigated The privacy of the customer is paramount and will at all times be respected

Collective Agreement ccCompanybullbull Page 37

2901 (a)

(b)

ARriCLE 29 BEREAVEMENT LEAVE

The Members of the Owners Group agree to grant affected employee(s) the necessary time off of up to four (4) days without fees at the time of death of the following relative(s) of said employee(s) father mother spouse (includes common-law) child brother sister mother andor fathershyin-law

The Members of the Owners Group further agree to grant to affected employees two (2) days without fees at the time of death of the following relatives of the employee sister andor brother-in-law and grandparent

ARTICLE 30 SOCIAL JUSTICE FUND

3001 The Company shall pay to the Union an amount of eight hundred ($80000) dollars per collective agreement year with such amounts being made payable to the CAW Social Justice Fund Inc Said amounts shall be paid by separate cheque by the last day of February in each year of this collective agreement A tax receipt shall be supplied to the Company on receipt of said amount

ARTICLE 31 SAFETY BANQUET

3101 The Company agrees to contribute seven hundred and fifty dollars ($75000) to the Unions annual Safety Banquet in each year of the Collective Agreement

SIGNED THIS DAY OF APRIL 15 2012

FORTH~

~~

Collective Agreement laquoCompanyraquo Page38

Collective Agreement laquoCompanyraquo Page39

SCHEDULE 11 A 11 LIST OF THE OWNERS GROUP

Coventry Connections Inc

Collective Agreement ccCompanyraquo Page40

SCHEDULE nan EXISTING CUSTOMS RIGHTS AND PRIVILEGES

1 There shall be no charge for the receipt cards

2 There shall be no charge for credit card vouchers subject to suppliers (third party) availability and conditions Should the Company pursue a course of action leading to Point of Sale terminals which usage will include Debit transactions Decremental Cards and Credit Cards there would be a charge for paper usage

3 The drivers shall choose their own working hours during their shift

4 Reasonable accommodation shall be given to payment of outstanding debts for accident(s) The following minimum payments are required

A) Up to $1 00000 - $ 1 000 per day

B) Over $100000- $2000 per day

Agreed to on the understanding that this does not apply to spare cars

Collective Agreement laquoCompanyraquo Page 41

SCHEDULE C RULES AND REGULATIONS

1 The following articles of clothing are not acceptable forms of attire at OJS

(a) Sweat pants and shorts except for dress shorts Dress shorts will be allowed from April to Labour Day Drivers caught wearing inappropriate shorts will be given one (1) warning and any future occurrence with regards to inappropriate shorts will cause them to lose the right to wear dress shorts for the duration of that season Shorts can be no shorter than three (3) inches above the knees

(b) T-shirts (except Union decaled T-shirt) without lapels tank tops and muscle s1middot1irts

NB Clothing andor other attire with obscenities profanities or sexually degrading remarks are not acceptable Hair must be clean and neat Faces must be clean-shaven or beards neatly trimmed Clothing must be tear and rip free with no visible patches and is to be cleaned and ironed as required Socks must be worn at all times with all types of footwear except for sandals

2 Drivers must be courteous and pleasant at all times and must conduct themselves in a professional business-like manner

3 There is to be no abusive foul language or gestures directed at customers or the general public

4 Consumption of alcohol or drugs will not be tolerated prior to the commencement of a shift andor while driving

5 There wiil be no arguing and fighting among drivers or other DJs personnel under any circumstances

6 No playing of cards or any other games of chance is allowed at any time when working This includes any form of gambling or betting on the air

7 Profanity or abusive language on the air or in your vehicle is prohibited at all times

8 Use of cell phone during the conveyance of a customer(s) is prohibited

9 Each taxicab and driver shall carry at all times a current street guide Drivers are to make proper use of this guide to avoid unnecessary air time

Collective Agreement ccCompanyraquo Page42

10 Deliveries are to be taken directly to the destination Running other fares while occupied on deliveries will not be permitted unless approved by the dispatcher

11 No messages between drivers are permitted Drivers will receive messages to call home spouse office union office partner or garage

In addition When an authorized Union rep asks the dispatcher to have a member of the bargaining unit call them for union business only this will be allowed and if necessary a phone number will be given

12 Picking up a fare while on the way to an accepted dispatch call will not be permitted

13 Drivers must allow 5 minutes wait at the customers pick-up address

14 Drivers shall take reasonable steps to ensure that they pickup only those fares that they are dispatched to Drivers must check with dispatcher for authorization before taking another fare from same address

15 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical breakdown emergency or any other reason(s) not herein listed the dispatcher shall reshydispatch the fare and suspend the driver for one (1) hour

16 Interference or jamming of the radio is a Federal offence and will not be tolerated

17 When necessary drivers must assist customers with handling of baggage and opening and closing of doors

18 No complaining to customers about short fares or time calls A list of regular short fares will be established and such fares shall be dispatched as Locals

19 At customers request music radio and other sound systems except for the twoshyway radio must be turned off

20 Driver must issue a receipt card upon request by customer Drivers signature must be clearly marked in the appropriate place on the receipt card There is no charge for the issuance of a receipt card

21 No new driver is to commence work until he has been briefed by OJS staff in the operating of our charge account system

22 Some of the guidelines in the operation of our charge account system are as follows

Collective Agreement laquoCompanyraquo Page43

(a) All charges are to be signed with car number (eg-DJ70) and date clearly written

(b) If the fare goes to more than one destination these other destinations are to be clearly marked on the reverse side of the chit

(c) Taxi chits to be signed by the customer and dollar value to be clearly marked

(d) Gift certificates which currently have a maximum value of $500 each are to be accepted at face value and change given as required

(e) Drivers must note on back of chit the drop offpick up address if it is different from address shown on face of chit

Drivers are prohibited from buying other drivers charges whether they be DJS drivers or other cab Companys charges Violation of this rule shall result in the following fines

1st offence -2d offence bull 3rd and subsequent offences-

$5000 per chit $10000 per chit $20000 per chit

plus the face value of each chitCredit Card in all cases

The parties agree that the above penalties are specific penalties within the meaning of the Ontario Labour Relations Act An Arbitrator shall not have the power to alter or modify any penalty imposed under this clause

(f) Drivers must accept all major credit cards approved by OJS Taxi

(g) Drivers are responsible for ensuring that all necessary information is clearly marked on charge vouchers as follows

bull Customers name and signature bull Card number (correct number of digits) bull Expiry date bull Drivers signature and car number (eg-DJ70) bull Ensure proper copies of charges are submitted to the Company for

processing bull No hand written major credit card sales drafts will be accepted

23 All cars are to be cleaned inside and out by 1000 am every day with due regard given to road and weather conditions

Collective Agreement Page44

24 All drivers must ensure that they have change for $2000 at all times and will not be removed from the sheet while getting change provided they are not called

25 No taxicab driver shall charge a passenger for

(a) The cost of proceeding to an establishment for change or

(b) Waiting time while a passenger obtains the change provided the bill presented for payment is of $2000 denomination or less

26 No vehicle to be left unattended with keys in the ignition

27 No person(s) unless authorized by the Company shall accompany the driver in the vehicle while heshe is occupied with a paying fare

28 Taxis must not be left unattended on a OJS taxi concession stand for more than ten (1 0) minutes

29 Only au~horized drivers with valid licenses can operate a taxi-licensed vehicle

30 Roof sign must be removed from vehicle when not on duty or involved in an accident

31 ALL DRIVERS ARE ADVISED THAT IT IS AGAINST THE LAW AND OJS TAXI COMPANY LIMITED POLICY TO REFUSE DOG GUIDES IN THEIR CABS REFUSAL WILL RESULT IN FINES AND DISCIPLINARY ACTION BY THE COMPANY

1st offence - 1 week suspension 2nd offence - 2 weeks suspension

3rd offence - Dismissal No longer working under the OJS roof sign

Accommodating Persons with Disabilities

The Management of OJS Taxi wishes to advise all its employees drivers and others operating under the OJS Taxi roof sign of the OJS Taxi policy with respect to blind passengers whether or not they use dog guides

Under the Blind Persons Rights Act of Ontario no person may either deny any person services customarily available to the public or discriminate against any person with respect to services available to the public for the reason that they are a blind person accompanied by a dog guide

Under the Ontario Human Rights Code every person has a right to equal treatment with respect to the supply of services which includes taxi services

Collective Agreement laquoCompanyraquo Page45

bull

without discrimination because of among other things a disability A disability includes any physical impairment such as being blind visually impaired deaf or hard of hearing

Guide Dogs and Taxi Services Many disabled persons are physically dependent on guide animals in their daily activities Canadians who are blind or visually impaired deaf or hard of hearing or who have other types of disabilities such as epilepsy are dependent on guide animals

Accommodation of these individuals necessitates that they be permitted to take their guide animals with them into taxi cabs Refusing to allow them to do so will infringe on their human rights and is against the Blind Persons Rights Act of Ontario and the Ontario Human Rights Code

This notice will simply repeat what should be apparent to you all that if a blind person with or without a dog guide is refused services by any OJS Taxi driver such actions will result in fines to the driver and other disciplinary action including the possibility of suspension by the Management of DJs Taxi Co Ltd

For more information regarding guide animals please review the attached pamphlet and information sheet published by Dog Guides Canada

Any inquiries concerning this policy should be directed to any member of the Management who will if it is required explain the policy to you

32 Drivers are not allowed in the dispatch office

33 All parking tickets will be paid by the rental driver responsible

34 In order to boost with Company owned taxicabs employees must request an obtain instruction from the garage manager or his designee on the proper method of boosting in order to reduce any risk of injury to the driver passenger and damage to the vehicle(s)

In the event of misuse employees at their discretion may be either disciplined in accordance with the principle of progressive discipline or have the option of reimbursing the Company for the cost of damaged parts

35 Any driver operating a taxi while his drivers license or taxi license is under suspension will be disciplined unless the driver can obtain written proof from the Ontario Ministry of Transport andor the appropriate taxi licensing authority that the driver did not receive evidence that hisher license was suspended or cancelled

36 When necessary or requested all elderly andor disabled customers are to be assisted in and out of taxicab at all times

Collective Agreement laquoCompanyraquo Page 46

37 No stealing fares

38 Drivers are not allowed to book no loads and run the fare

39 Drivers cannot refuse dispatched fares subject to article 1304 andor where the driver believes his safety or health is at risk

40 Failure to come to voice after two (2) requests by the Dispatch Supervisor will result in the Driver being suspended in the computer

41 Dispatch staff will not make phone calls for drivers unless it is an emergency situation

42 There shall be no personalization of any fares or trips placed through the Dispatch System of OJS Taxi except for returns east of but not including the Civic Hospital within the same twenty-four (24) hour period Where a return-call has been prearranged through the Dispatch System prior to the initial call being dispatched then the return-call cannot be personalized

43 Drivers will pay monies owed to the company by 400pm on the day that they are due No driver with an outstanding balance will be allowed to book on the sheet until their account is paid in full to the business office This means credited to their account and a receipt issued

44 Dispatchers shall give the line-up every thirty- (30) minutes except for the months of December January and February On implementation of the Computerized Dispatch this clause will be eliminated

45 All deliveries shall be given out as regular calls except where provided in this agreement and all employees shall have the option to refuse to deliver alcohol When a dispatcher requests a driver to call him for information concerning a delivery the dispatcher will first give the delivery address over the radio to ensure the delivery is being dispatched correctly

46 When drivers book out of their cars to attend scheduled complaint meeting appointments they shall be allowed to remain in their spot on the line up queue passed by for fares and treated by the dispatch as if they are no longer on the sheet

When the affected driver returns to his car and books back in he shall be returned to his position in the line up queue and given his next rightful fare

The maximum time a driver shall be allowed to book out for a complaint meeting is one half-hour

Collective Agreement laquoCompanyraquo Page 47

This rule shall only apply if the affected driver does not incur any discipline as a result of the complaint meeting

47 All cabs at DJS Taxi must have a mike clip and the clip must be used Drivers must pick up their mike when communicating

48 Drivers using vans as taxicabs must have and make use of (when requested or required) a portable step to assist passengers in and out of their vehicles

49 All taxicabs must be free of any body damage and any damage must be repaired within ninety- (90) days

50 Roof signs must be kept in good working order and condition with Company approved logo clearly visible front and rear

51 In order to ensure equipment is compatible with computer dispatch system all new radio equipment must be approved by the Company prior to installation

Collective Agreement laquoCompanyraquo Page48

SCHEDULE D CREDIT CARD POLICY amp PROCEDURES

DRIVERS MUST ACCEPT ALL COMPANY APPROVED CHARGES CREDIT AND DEBIT CARDS

DRIVERS MUST HAVE A POINT OF SALE UNIT AND A MANUAL PRINTER PER CURRENT BYLAW CITY OF OTTAWA

Due to the increased use of fraudulent Credit Cards by customers in taxicabs the following procedures have been developed to protect drivers from falling victim to Credit card fraud When accepting Credit cards the following rules must be followed

Credit and Debit Cards- the following rules must be followed

AUTHORIZATION OF ALL DEBIT AND CREDIT CARDS

All Credit Card slips must be authorized regardless of amount Verification is generally done after the fare is completed but verification of an estimated or known amount can be done prior to the completion of the trip if

bull The destination is beyond the radio coverage area bull The driver has reason(s) to suspect the validity of the card

INFORMATION REQUIRED FOR ACCEPTANCE OF DEBIT ANDOR CREDIT CARD SLIP FOR PAYMENT The completed Credit Card slip must contain all the following information

(a) Vehicle Number (pre-printed on POS slip if not to be written by hand at the bottom of the slip)

(b) Drivers ID Number and Initials (c) Amount of fare and gratuity (if applicable) (d) Authorization number (Pre-printed on POS slip) (e) Date of the fare (Pre-printed on POS slip) (f) The Debit or Credit Card must be swiped at all times (in the event that the

receipt does not print imprinting Credit Card only on manual imprinter is acceptable with customers signature but the imprint of the card number has to be clear) In the case of a swiped transaction part of the card number will display per Credit and Debit Card industry rules

(g) Customers signature clearly written (Credit Card only) marked TRANSACTION COPY We will accept the CUSTOMER COPY as long as it has the customers signature Debit POS slips are to be submitted marked TRANSACTION COPY NO SIGNATURE IS REQUIRED

Collective Agreement laquoCompanyraquo Page49

DISPUTES BY A CUSTOMER

Should a debit or credit card slip be disputed by the customer their bank or other financial institution the company will investigate If such investigation proves fraud or error by the driver the driver will be charged back for the full amount of the charge

If the disputed transaction was processed on a non-company unit a $500 plus HST charge plus the value of the charge will be debited to the drivers account The Company will refund the customer for the value of the charge

Should a customer andor driver report that the charge has been approved more than once the Company will investigate The Company does not allow any refunds in the taxicab Drivers can void a transaction but this must be done before Batch Closing the transaction A Void can only be done in the presence of the customer as the card (debit or credit) must be present The driver can then re-swipe the card for the correct amount The Company publishes a toll free number for customers or drivers to call with any concerns about a transaction If a customer has been charged more than once for the incorrect amount the following procedures apply

Credit Card

The Company will verify that the customer was charged multiple times or has been over-charged and issue a refund as necessary The Company will send a copy to the customer upon request All refunds are processed on a Point of Sale unit or Virtual Merchant (on-line) The Company may contact the driver to determine the validity of the customers details

Debit Card

The Company will verify that the customer was charged multiple times or has been overcharged and issue a cheque refund as necessary The Company keeps a copy of the cheque issued

GENERAL INFORMATIONGUIDELINES

1 If the driver has overcharged the customer and has been paid the incorrect amount the Company will adjust the drivers account and provide a receipt The Company maintains a log in the even there is a dispute by the driver or the customer If the driver reports the overcharge that is logged on a Customer Incident Form which has a Control Number

2 Hand written Credit Cards will not be accepted All Credit Cards must be passed through a manual imprinter which clearly shows the full credit card number If the credit card number is not clear and cannot be authorized

Collective Agreement laquoCompany Page 50

the driver will face debitchargeback of the amount as it cannot be authorized

3 The only Credit Cards accepted by Taxitab a division of Coventry Connections Inc are

i Visa ii Mastercard iii American Express

Note Visa Mastercard and American Express all issue prepaid credit cards these are all accepted

4 Taxitab a Division of Coventry Connections accepts Debit Cards for Canadian Financial Institutions Debit Cards for foreign banks may not

work on the unit Visa Mastercard have commenced issuing Debit Cards these are all accepted These cards are clearly marked on the face of the card with the Visa and Mastercard logos

5 The following items are to be checkedverified by the driver upon presentation of a Credit Car (a to d) Debit Card (d only)

CHECK LIST

(a) Expiry Date Ensure the card is valid Check to be sure that the Card is not being used beyond the expiry date printed on the card If the card is expired refuse to accept it

(b) Altered Cards Check to see if the card has been noticeably altered in any way If it has been refuse to accept it

(c) Card holders name and signature Check that the signature on the Credit Card slip is the same name printed on the card At the same time check that the signature is the same as the signature on the rear of the card If there is no signature on the rear of the card ask the customer to sign it as you are required to check this

If in doubt ask to see some other form of identification (preferably one with a picture and signature) that ensures that the person using the card is who they say they are

(d) Amount of fare and gratuity (if applicable) The amount of the Debit or Credit card slip must be equal to the amount of the fare and the gratuity (where applicable) Each amount should be entered in their respective places and only by the customer unless otherwise directed In the case of a Debit Card customer must always enter their PIN number to

Collective Agreement ltbullCompany Page 51

authorize the card Drivers must remind customer that the TIP field comes first followed by the PIN number

(e) $150 Surcharge

Debit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated by the City of Ottawa By-Law The $150 charge is prompted by the point of sale unit automatically The Driver receives 65cent of the $150 for every transaction

Credit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated in the City of Ottawa By-Law The $150 charge is NOT prompted by the point of sale unit automatically The driver adds the $150 to the metered amount and enters this total in the base amount field

6 CAUTIONS

7

(a)

(b)

(c)

Bank Card only have the Bank name on the card

Credit Cards are identified by the VISA MASTERCARD AMERICAN EXPRESS OR DINERS CLUB-ENROUTE symbols Only Cards with these symbols will be accepted

Credit Cards will have a holographic image on the face of the card

CASH ADVANCES

The use of Credit Cards for cash advances in the taxicab is not permitted Credit Cards must only be used in the taxicab for paying for an actual fare Anyone using a Credit Card in a taxicab to obtain cash advance is most likely using a stolen or fraudulent card

8 OUT OF TOWN FARES

For the drivers protection it is suggested that for fares going out of town and the customer wishes to pay by Credit Card it is recommended that the driver authorize the fare at the beginning of the trip (dispatcher can give an estimated amount) If there is a difference process the difference at the end of the trip There is a pre-authorization feature available for Credit Card only on the Point of Sale unit The Company can activate this on driver request but the driver must be

Collective Agreement ccCompany)) Page 52

bull

9

given correct training for this There are several steps involved with pre-authorization that must be followed before batch closing

BATCH CLOSING

Drivers must close transaction in the terminals at the end of their shift Credit Card authorizations only remain in the terminal for five (5) days after that the processor closes them automatically Drivers must batch close all credit cards no later than four (4) days in order for the items to appear on the batch close report

Batch Close reports will print separately for Debit and Credit Cards and list the details of the transactions in the terminals showing the card type and the last four (4) digits of the card involved This Batch close cannot be reprinted drivers must hold on to them Attach the slips to the Batch Close and bring to the cashier The cashier will verify the attached slips are on the batch close and proceed to pay or credit the driver assuming all slips are authorized and complete (as discussed above under (1) Authorization Procedures)

The following circumstances regarding Batch Closes will apply

(i) Batch Close with All Debit and Signed Credit Card slips- Driver will be paid or credited at time of presentation at a cashiering station

(ii) Batch Close- No Debit Slips if the batch close shows a Debit Slip and the driver has misplaced or lost the slip the Driver will be paid or credited at the time of presentation at a cashiering station

(iii) Batch Close No Credit Card Slip- No Slip No Payment at time of cashiering (driver is to go to Driver Admin in this instance) If the driver has a signed manual slip and the last 4 numbers of the card match those on the batch close the slip will be accepted by the cashier

NO BATCH CLOSE REPORT -If a Driver has lost or misplaced Batch Close report the Driver is to go straight to Driver Admin (not cashiering) The Driver is to bring the receipts (if there is a credit card slip with no signature there is a separate procedure for this below) he has for which he has not batch close Driver Admin will initiate a Batch Close Incident Report which has a Control Number for future reference The Procedure is as follows

(i) Driver Admin to Photocopy all Slips and write the Control from the Batch Close Incident Form on the photocopy and date the sheet The

Collective Agreement ccCompanyraquo Page 53

bull

bull

Driver is to keep this in the event of a dispute or apparent nonshypayment in account

(ii) Driver Admin will complete the top copy of the report attach a copy of the slips The Driver will complete the bottom part of the report and sign it

(iii) Management will need 72 hours (three business days) from the date of Incident Report to investigate the transaction has been settled in the POS unit

(iv) Providing Management confirms the transaction is complete the slips will be credited to the Drivers account and a receipt will be printed A copy of the receipt is attached to the Batch Close Incident Report The Control from the Form is entered when the the amount is credited for reference A receipt can be printed at that time by cashier

(v) In the event that a driver does not have a Batch Close and presents a credit card slip with no signature the following will apply

(vi) If the Driver experiences a problem with the Batch Close or operation of the unit the Driver is to bring the unit to the office during normal hours Management will investigate the issue and call Driver to reshyissue the unit completing paperwork for the replacement unit which the driver will sign

Any driver attempting to defraud a customer by processing a debit or credit slip more than once will be terminated

Collective Agreement laquoCompany)) Page 54

bull

bull

SCHEDULE E STOLEN FARE POLICY

Whenever the Dispatch Supervisor receives a complaint that a fare either dispatched to the complainant or from within the same block of taxi standconcession on which the complainant is parked has been stolen and the identification of the accused is made known the Supervisor shall

(a) Bring the accused to voice and notify himher of the allegations

(b) Inform the complainant that a deposit of forty dollars ($4000) must accompany his accusation and to be deposited within one (1) hour of the complaint Where applicable inform the complainant that the accused wishes to challenge the allegations and the date and time of the hearing shall be known to both parties

(c) A failure of either party to attend the hearing will result in an additional fine of forty dollars ($4000) to be paid within sixty (60) minutes of the conclusion of the hearing or a suspension ob the absent party until payment is received

(d) Inform the accused of the available options

(i) Arrange for repayment of the fare in its entirety to a minimum of forty dollars ($4000) to the complainant a Union representative or the Company on behalf of the complainant within sixty (60) minutes or

(ii) If the allegation is being denied and the accused wishes to refute it forty dollars ($4000) must be deposited at the dispatch office within sixty (60) minutes with a notification to the Dispatch Supervisor that the allegation is being challenged

Where the accused fails to respond to two (2) voice messages or refuses to comply with (c) the accused shall have dispatch services suspended until in compliance or the Company receives instructions from a Union Representative to do otherwise

The penalty for a wrongful accusation is the payment of forty dollars ($4000) to the accused by the accuser in addition to the return of the accuseds deposited payment

It is understood and agreed that the action(s) of the Dispatch Supervisor(s) in the compliance of this Policy is not to be construed as a determination of who is the guilty party In all disputes regarding stolen fares the Committee shall make the final determination with respect to guilt

Collective Agreement laquoCompany Page 55

bull

bull

Note Such fare(s) will not be considered as Stolen Fare(s) if picked up by driver(s) arriving on the Concession(s)Taxi Stand(s) prior the driver(s) who accepted the dispatched fare(s)

Collective Agreement ((Company Page 56

bull bull

APPENDIX 1

PLATE CAR LESSEE IND START LESSEE START

1 1027 5027 ADAM GRANT 1 91111986 111987

2 1015 5015 TIMS VAUGHN 411995 411995

3 1043 5043 MARTON FERENC G 10251995 10251995

4 1050 5050 DUBOIS JOHN 12111994 311996

5 1048 5048 SUNIL JOSHI 1111994 711996

6 1030 5030 SLIM MOHAMED 711996 7111996

7 1041 5041 JAMALEDDINE ZAHER 911996 911996

8 1040 5040 MAHEUX FRANK 11151996 181997

9 1109 1 5109 ASTLEY JAMES 1011994 1131997

10 1045 5045 MELHEM SAMIR 1211996 9211997

11 1028 5028 LABINE ANTHONY 10151980 11281997

12 1054 5054 ELmiddotNEMER NEMER 11131997 21271998

13 1113 5113 WEAGANT BROCK C 82211988 3131998

i

14 1039 5039 SOBH HAC HEM 11171997 5111998

15 1044 1 5044 MOUFARREJ RAYMOND 10241996 1161998

16 1042 5042 MCCONVILLE BILL 311992 11111998

17 1107 5107 GIANNAKOS LOUIS I 9111997 491999

18 1026 5026 VERMA LALIT 51261996 5311999

19 1033 5033 MITCHELL BRUCE 111987 9301999

i

20 1108 5108 PAPPAS CHRISTINE 121111991 1041999

rmiddot 1014 5014 NYTRA BEDRICH 961996 3302000

22 1000 5000 ABOUmiddotARRAG SAM I 611997 7132000

23 1038 5038 MUNROE JOHN 1111977 492001

24 1022 5022 RADULESCU GELU 611999 5232002

25 1139 5139 HASSOUN I MOUFID 71211999 8152002

26 1006 5006 SADER I GHASSAN 6211999 292004

27 1029 5029 CLAYTON GREG 911980 21132004

Collective Agreement ccCompany Page 57

bull

28 1034 5034 IBRAHIM 12301995 4302004

29 1037 5037 ABDALLA HASSAN I 3312000 2202006

30 1010 5010 HASSOUN AD NAN 8272001 312006

31 1031 MASSOUD 1241998 312006

32 1 1o35 5035 JANCO 911992 362006

1 33 1036 5036 SINGH BALWANT 92211999 3172006

Collective Agreement ltltCompanyraquo Page 58

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 28: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

heshe shall not be charged any stand rent subject to proof of inoperability of the vehicle being provided

In the case of SPOs and SPLs extended time-off will be allowed for overseas trips All rents must be paid in advance to cover the time off for the extension

Explanation Car owners time off is only when the car is off the road If the SPO or SPL puts a driver on the car it is not considered part of this time off

2002 Single plate owners and single plate lessees will be responsible for arranging for time off for their drivers

2003 Time off may be taken weekly or bi-weekly at the employees discretion Provided further where the employee has taken a minimum of one (1) week heshe may take additional days) of less than weekly increments) in conjunction with the one 1) week

2004 Time off must be taken during the calendar year and cannot be accumulated over more than one calendar (1 year

2005 The MOG SPL and SPO agree that roof signs taxi plates and all other items (computer equipment will remain with the Company during the employees time-off and in the case of rental drivers the rental vehicle will be returned to the vehicle owner

ARTICLE 21 INSURANCE

21 01 Every car owner has the right to obtain insurance from the broker or Company of their choice without interference from the Owners Group

2102 The Owners Group shall upon written request from an employee who is presently insured by a member of the Owners Group provide written details of claim settlements and accident records

2103 The Company shall provide at no extra cost motor vehicle insurance coverage with collision provision deductible not exceeding $75000 or the cost of repair whichever is less for each at fault accident

21 04 The Company shall provide at no extra cost comprehensive coverage with zero deductible including but not limited to middotfire and theft It is agreed and understood that comprehensive coverage does not cover driver owned equipment

Collective Agreement Page26

21 05 The Company shall provide accident benefit coverage as set out in the OAP 1 of the Ontario Automobile Insurance Act and shall abide by the guidelines and statutory conditions as set out by the Insurance Company with whom the Company is insured

2106 With respect to Articles 2103 2104 and 2106 above which applies to accessible shift vehicles only) the Companys obligation is to provide insurance coverage only Any determination of whether a driver is entitled to insurance benefits andor whether a claim shall be paid or denied in any given situation shall be the sole and exclusive responsibility of the Insurance Company

2107 A driver who is insured through the Company shall provide the Company with a Motor Vehicle Drivers Abstract one month before the annual renewal of the Companys insurance policy A driver shall provide additional Motor Vehicle Drivers Abstracts as requested by the Insurer

21 08 The Companys insurer may judge a driver to be a high risk and may assess a surcharge accordingly A driver who is found tomiddot be a higher risk will bear the cost of any such surcharge

21 09 A driver insured by the Companys insurer who is involved in an accident shall regardless of whether he or she was at fault notify the dispatcher immediately The driver shall indicate whether the accident should be reported to the police and whether the customer or driver require medical attention Following notification of the dispatcher the driver shall remove the roof sign from the vehicle and record to the best of his or her ability all relevant information The driver shall bring the relevant information to the office within 24 hours of the incident excluding weekends and holidays)

2110 Drivers are responsible for the replacement of all lost or stolen antennae andor roof signs

2111 The Company shall pay the full El payments for all rental drivers In the event of an increase in the premiums during the life of this Collective Agreement drivers shall pay the drivers share of the increase

2112 All drivers who are insured through the Company obtained insurance must sign the Companys insurance agreement prior to commencing work The Company shall provide insurance agreements with no more than a $75000 deductible to be paid after the accident The amount shall be paid at the rate of $1000 per shift until fully paid

Collective Agreement ((Companyraquo Page27

ARTICLE 22 TAXI PLATE SALES

2201 1 Members of the Owners Group shall be able to sell plate(s) in the following manner

2202

(a) A notice of its intent to sell plate(s) shall be posted and announced over the dispatch system for a period of three (3) days and shall be offered to the lessees and rental drivers in the bargaining unit

(b) Where there is more than one interested applicant the plate(s) shall be offered based on seniority and plates sold shall be the plate of the most junior lesseedriver

Where the sale will result in the layoff of a driver that driver shall be recalled prior to any new hires by all Members of the Owners Group

2 Where there are no applicants the Member of the Owners Group will sell the last leased plate at their discretion Any driver laid off shall be recalled prior to any new hires by all members of the Owners Group

3 Sale of More Than One Plate at One Time

4

5

The Owners Group has the right to sell to whomever they choose provided that no one is displaced

In the event that the most junior lessee is displaced as a result of the sale of the plate the Company agrees to pay to the displaced lessee no more than fifty-five thousand dollars ($5500000) in the first year of this Agreement and according to the succession plan as outlined in article 23 for the following years of this Agreement This would apply only if the said lessee has complied with the succession plan as per article 23

An individual Member of the Owners Group shall not require any of his drivers to give up their rights under this Agreement and work under another roof sign without the drivers written consent given before a Notary Public for Ontario The Union shall be supplied with copies of the consents

In the case where a Member of the Owners Group is leasing a taxi plate and the Member of the Owners Group has a car under this plate and this vehicle is then rented out on a 12 or 24 hour rental this article then does not apply The Owners Group cannot be held responsible for any damage or compensation that may arise from the actions taken by the 3rd party

Collective Agreement laquoCompanyraquo Page28

2301

2302

2303

1

2

3

4

ARTICLE 23 SUCCESSION AND TAXI PLATE LEASES

Definition

The process by which the lessee of a Company-owned taxi license plate having determined that heshe wishes to retire andor otherwise terminate hisher relationship with the Company and having officially notified in writing both the Union and the Company of hisher intention to do so offers the opportunity to hisher driver to be the lessees successor all in accordance with the conditions sot out in this Article

In order to be eligible to offer a lease for succession the lessee must have been a party to a valid taxi plate Leasing Agreement with the Company for a minimum of one (1) year and have two (2) years of continuous uninterrupted service operating a taxi vehicle under the Companys roof sign The lessee must also be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

In order to qualify as a successor the driver must be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

An offer for succession shall follow the following order

No offer for succession can be made until the day after the final version of the seniority list as outlined in Appendix 2 has been agreed upon and signed-off by the Parties

The lessee must notify the Company and the Union in writing of hisher intention to exercise the option of succession and the projected date of the succession

The taxi plate lease shall be offered to the lessees current driver (if any) who shall have thirty (30) days to reject or accept the succession

If the offer is rejected or thirty (30) days have passed since the offer was made the taxi plate lease shall be offered to the drivers who are not single plate lessees (SPL) or a single plate owner (SPO) on the seniority list who shall have thirty (30) days to reject or accept the succession

Collective Agreement ltltCompanygtgt Page29

5

6

2304

2305

2306

2307

2308

2309

The most senior driver on the seniority list (who is not a single plate lessee-SPL or single plate owner-S PO) who accepts the succession shall be the successful incumbent lessee

In the event that no driver accepts the succession the lessee may ask that his request for succession be held in abeyance until such time as an incumbent lessee is found or may retire andor otherwise terminate hisher relationship with the Company at the time of hisher choosing In the event that the lessee retires andor terminates hisher employment relationship the taxi plate shall be returned to the Company and assigned to the next senior eligible driver as per the Companys past practice

The succession shall be valued at no more and no less than fifty-five thousand dollars ($5500000) except as modified as per sub-Article 2308 The driver (incumbent lessee) shall pay to the lessee the full value of the succession fee within sixty (60) days of the date of acceptance of the offer Once the driver has paid the succession fee the driver becomes a single plate lessee for the purposes of this Collective Agreement and will assume all rights duties responsibilities and obligations of a single plate lessee as set out in this Collective Agreement

The Parties agree that any monies or other considerations paid to a lessee at any time other than the time set out in sub-Article 2304 above shall not be counted towards the succession fee

The amount of $300000 (plus HST if applicable) shall be paid to the Company as a consulting fee by the incumbent lessee no later than the day before the day the incumbent lessee becomes a single plate lessee for the purposes of this Collective Agreement

Any lessee who exercises the succession option voluntarily terminates hisher employment with the Company and loses all seniority A driver who wishes to subsequently be rehired by the Company as a driver shall be placed at the bottom of the seniority list The driver will be eligible to become a lessee two (2) years from the date of hisher rehiring

The amount set out in sub-Article 2304 shall be increased annually on the date of the plate and stand rent increases set out in Article 27 of this Collective Agreement The annual increase shall be the same as the average of the percentage increase in the plate rent and the stand rent for that year

In the event of the death of a lessee and provided the lessee is up to date with all payments to the Company and has no outstanding amounts owing to the Company whatsoever the lessees estate shall have up to six (6) months from the date of death to exercise the option of succession

Collective Agreement laquoCompanybullbull Page 30

2310

2311

(a)

(b)

(c)

2312

Leasing agreements must be entered into provided they do not conflict with the terms of this Agreement

Without limiting the generality of 2310 in any way whatsoever a leasing agreement shall contain the following provisions

The lease shall terminate automatically for failure to fuHill any term of the lease including but not limited to failure by the lessee to fulfill any financial obligation or failure by the lessee to obtain replacement insurance in the event of cancellation of insurance

The lessee shall be the principal driver of the taxi vehicle which is attached to the taxi license plate

This Collective Agreement between the parties shall be the entire agreement and there shall be no other fee condition or other obligation except those set out in the Collective Agreement

All leased plates shall remain as such and shall not be converted to rental vehicles for the duration of this Agreement provided there are persons willing to leased said plates

ARTICLE 24 GRIEVANCE PROCEDURE

2401 A grievance shall include any issue regarding the interpretation administration application or alleged violation of this agreement It is the mutual desire of the parties that complaints of the drivers be adjusted as quickly as possible To that end the parties have adopted the following grievance procedure

STEP 1 A driver may bring his complaint to the Supervisor of the Members of the Owners Group If the driver does bring his complaint to the Supervisor he must do so within twenty (20) days of the incident or of he having knowledge of this incident giving rise to the complaint Where the complaint is brought forward it must be given to the Supervisor and the Supervisor shall reply within two (2) working days

STEP 2 Failing settlement of the complaint at Step 1 or where the driver has chosen not to avail himself of Step 1 the driver must file the grievance in writing within twenty (20) days of the incident or omiddotf he having knowledge of this incident giving rise to the grievance The grievance must be referred to the Member of the Owners Group claimed to be responsible andor any other person designated by the Member of the Owners Group Grievances shall be dealt with at the Step 2 meeting which shall be scheduled on the 3rd Wednesday of every month This monthly Step 2

Collective Agreement ccCompanyraquo Page 31

meeting shall be one meeting held at the Companys office Where the grievance involves the discharge of a driver the parties agree to meet within ten (1 0) working days of the filing of the grievance A representative of the Union shall be present at all step 2 meetings The Member of the Owners Group must respond within three (3) working days of the meeting

2402 Should a group grievance or a Union or policy grievance develop it shall be filed at Step 2 within twenty-five (25) days of the incident giving rise to the grievance or of the drivers or Union having knowledge of this incident

2403 Failing settlement under the above the matter in dispute may be taken to arbitration in accordance with article 26

2404 Drivers employed by single plate owners and single plate lessees may not grieve matters or disputes arising between the driver and the single plate owner or single plate lessee A committee shall be set up and made up of equal numbers of Uniondriver and Company personnel to assist in resolving disputes between the drivers and single plate owner and single plate lessee The committee shall have the power to determine a procedure to be followed as well as to determine fault and penalties

ARTICLE 25 ARBIrRATION

2501 After exhausting the provisions of the grievance procedure either of the parties may submit a grievance to arbitration either expedited or formal in writing within thirty (30) days of the Step 2 reply or if there is no reply within thirty (30) days after the expiration of the time limits to provide a reply

2502 Unless otherwise mutually agreed by the parties all grievances referred to arbitration not relating to an indefinite suspension a discharge or any separation of employment or to the interpretation of the collective agreement group grievances and policy grievances shall be referred to the expedited process

Grievances referred to arbitration in respect of indefinite suspensions discharge or separation of employment for any reason or to the interpretation of the collective agreement and group grievances may only be referred to this expedited process by the mutual agreement of the parties

2503 Within fourteen (14) days after notice has been given that the grievance will proceed to formal arbitration the parties shall meet and agree on a single arbitrator If the parties cannot agree on an arbitrator within this time limit either party may request the Minister of Labour to appoint an

Collective Agreement laquoCompanyraquo Page32

arbitrator and this appointment shall be binding on both parties In respect of the cost of arbitration of formal grievances the parties shall share equally the fee and expenses of the sole arbitrator

2504 The formal arbitrator shall have the right to exercise all the powers provided by the Labour Relations Act as amended from time to time

2505 The Arbitrator must hand down a written decision within sixty (60) days of the date of the hearing

2506 As an alternative to the formal arbitration process set out in the foregoing paragraphs a grievance may be referred to a previously agreed-upon person who shall hear the grievance and who shall at the conclusion of the hearing give a decision immediately Such decisions may not be used to alter modify or amend any part of the collective agreement and are made without precedent or prejudice to similar or like cases Such a decision shall be final and binding upon both parties and no further action may be taken on that grievance by any means whatsoever

2507 To maintain the efficiency of this expedited process the parties shall schedule a minimum of one (1) day of arbitration every three- (3) months except in those circumstances where either party deems it necessary to schedule the arbitrator more frequently

2508 The parties shall share equally the fee and expenses of the persons selected to hear the expedited arbitration cases

2509 At all expedited arbitration hearings the Company or Member of the Owners Group shall be represented by a member of their management and the Union shall be represented by a Union staff representative or an officersteward of the Local Union

2510 The Union shall forward to the representative of the Member of the Owners Group a list of the expedited grievances to be heard on the day or days scheduled for the hearing of grievances according to the expedited arbitration procedure The aforementioned list shall be forwarded to the representative of the Member of the Owners Group no later than ten (10) working days in advance of the hearing unless otherwise mutually agreed

2511 By exception a party may call one (1) witness at an expedited arbitration

2512 Prior to proceeding to formal or expedited arbitration and at least thirty (30) days prior to the date of arbitration the parties may upon mutually agreement request that any grievance be referred to a mediator to act as a grievance mediation officer for the purpose of attempting to

Collective Agreement laquoCompanyraquo Page33

mediate a settlement of the grievance The parties shall share equally the fee and expenses of this officer

ARTICLE 26 TAXI PACKAGE

2601 The employer shall provide to the rental driver at no extra cost motor vehicle insurance with a collision provision deductible not exceeding $50000 for each accident at fault

The Owners Group shall also provide to the rental driver at no extra cost comprehensive coverage with zero (0) deductible including but not limited to fire and theft It is agreed and understood that comprehensive coverage does not cover driver added equipment

2602 Each rental driver shall be supplied for a daily twelve (12) or twenty-four (24) hour period at no extra cost a roadworthy safe sedan four (4) door taxicab with proper weather resistant tires for all seasons and with a seating capacity for not less than four (4) passengers containing

2701

2702

2703

1 A roof sign 2 A sealed taxi meter 3 A two-way radio 4 A full size spare tire subject to space limitations 5 A tire tool 6 A jack 7 A mike clip 8 A full tank of gas at start date 9 Air conditioning on replacement vehicle where possible 10 An electric rear window defroster or blower

Any equipment owned by the Owners Group that becomes inoperative shall be repaired as soon as possible

ARTICLE 27 RENTAL CHARGES AND TERMS OF AGREEMENT

This agreement shall take effect upon ratification and be binding on both parties for three (3) years and shall continue for annual periods of one year each unless either party gives at least one hundred and twenty (120) days notice that it wishes to amend this agreement

It is agreed and understood that this agreement will remain in full force and effect until amended by negotiations

Rates shall be as follows

Collective Agreement laquoCompanyn Page 34

712011 712012 712013

Stand Rent (monthly) $43900 $45000 $45900

Plate Rent (monthly) $71926 $75000 $75960

Daily Car Rental 24 hr Regular Plated $9700 $9700 $9700

24 hr Accessible Plated $10500 $10500 $10500 12 hr Regular Plated $6700 $ 6700 $6700

12 hr Accessible Plated middot $8300 $8300 $8300

Credit Card Transaction 50 50 50

Debit Card (per) Transaction $065 $065 $065 (To the Driver)

POS Rental Fee (monthly) $800 $800 $800

POS Insurance (monthly) $300 $300 $300

Note The above rates do not include HST

Note For purposes of car rental rates the weekly rents shall be six (6) times the daily rent

Note It is recommended that drivers use Company supplied POS machines and systems

2704 Employees shall pay all monies owed to the Company in the following manner Monthly By the 5th business day of the month

2705 Any employee failing to pay monies by the above dates and times shall be suspended and not reinstated until the monies are paid in full and credited to their account

2706 Employees shall be entitled to pay their rents to the company by company approved charges cash and cheque - provided the employee has at least one (1) year of seniority

Employee(s) who have one (1) cheque returned NSF shall be suspended immediately upon the company receiving notification from the

Collective Agreement ((Company Page35

bank shall lose such privilege for twelve (12) months and shall be charged the appropriate charges

ARriCLE 28 GENERAL

2801 The Company and drivers shall maintain its internal company charge system and accept major credit cards which currently include Visa Mastercard American Express and Diners Cluben Route as approved by the Company

2802

2803

2804

2805

2806

2807

This system shall continue for the duration of this Agreement so long as external factors outside the Companys control do not prevent the Company from doing so Drivers shall be entitled to cash their charges provided they do not have any outstanding balances at the offices of the Company during the hours of 0830am to 400pm Monday to Friday except holidays The Company shall make available to the employees during normal business office hours receipt cards and credit card slips All credit card charges must be authorized

Drivers shall pay a fee of five (5) of all credit card charges that they redeem

Except as otherwise provided in this agreement all passengers shall be treated in a polite professional courteous and businesslike manner at all times by both the Owners Group and the employees

If requested a properly signed receipt shall be furnished by the owner for all payments made by the driver (If requested said receipt shall show a breakdown of all payments made by the driver and the dates for which they apply) For the purposes of this clause a numbered computer receipt shall be deemed to be signed

The employees who own their own vehicles whether or not they own their own license shall have absolute choice as to where their vehicle is to be repaired andor maintained

No employee either full-time or part-time shall abuse or mistreat any vehicle or equipment (ie roof sign radios meters and aerials)

The Owners Group agrees to work with the Union to lobby the City of Ottawa to allocate stands where necessary and appropriate

The Company agrees to provide the Union with the rules covering the stands controlled by concession agreements

Collective Agreement ccCompanyraquo Page 36

bull

2808 Subject to the provision of adequate insurance coverage all car owners shall be free to place a second driver or a third driver on their vehicles should they require without interference from the Company

2809

2810

2811

2812

2813

2814

In the event the Company refuses an individual employment as a second driver or as a third driver the Company agrees that such refusal may be the subject of a grievance and the onus of proof shall rest with the Company to show just cause for such refusal

The parties agree that no vehicle will have more than three (3) drivers at any one (1) time

The Company shall take reasonable steps to maintain all current concession agreements for the duration of this agreement The Company shall take all reasonable steps to obtain additional concession agreements

The Company shall have a phone line separate from the dispatch office so that drivers business people friends of the office staff may call through middot without having to tie up the dispatchers time The separate phone line may be used by the dispatch office during non-business hours

Time-off without rental fees or loss of seniority will be given to those members of the bargaining unit who are called for jury duty Rental driver(s) must park their rental vehicle(s) at the Companys premises should the jury duty go beyond three (3) days

The Company shall maintain a drivers waiting area As well the Company shall allow the drivers to use the telephone in the office for local calls only pursuant to the current past practice

In the event of an assessment to the CompanyOwners Group by WSIB in relation to the provision of WSIB benefits for the Bargaining unit personnel the CompanyOwners group and the Union agree to renegotiate in good faith the rates set out in Article 2703 Where the parties fail to reach agreement on the issue the matter shall be referred to an arbitrator for full and final settlement

When a customer complaint is received by the dispatcher the latter will advise the customer that an authorized representative of the Company will handle the complaint in an expeditious manner Upon request by the Union the Company shall provide a copy of the computer printout and all other relevant information including but not limited to any taped conversation related to the complaint being investigated The privacy of the customer is paramount and will at all times be respected

Collective Agreement ccCompanybullbull Page 37

2901 (a)

(b)

ARriCLE 29 BEREAVEMENT LEAVE

The Members of the Owners Group agree to grant affected employee(s) the necessary time off of up to four (4) days without fees at the time of death of the following relative(s) of said employee(s) father mother spouse (includes common-law) child brother sister mother andor fathershyin-law

The Members of the Owners Group further agree to grant to affected employees two (2) days without fees at the time of death of the following relatives of the employee sister andor brother-in-law and grandparent

ARTICLE 30 SOCIAL JUSTICE FUND

3001 The Company shall pay to the Union an amount of eight hundred ($80000) dollars per collective agreement year with such amounts being made payable to the CAW Social Justice Fund Inc Said amounts shall be paid by separate cheque by the last day of February in each year of this collective agreement A tax receipt shall be supplied to the Company on receipt of said amount

ARTICLE 31 SAFETY BANQUET

3101 The Company agrees to contribute seven hundred and fifty dollars ($75000) to the Unions annual Safety Banquet in each year of the Collective Agreement

SIGNED THIS DAY OF APRIL 15 2012

FORTH~

~~

Collective Agreement laquoCompanyraquo Page38

Collective Agreement laquoCompanyraquo Page39

SCHEDULE 11 A 11 LIST OF THE OWNERS GROUP

Coventry Connections Inc

Collective Agreement ccCompanyraquo Page40

SCHEDULE nan EXISTING CUSTOMS RIGHTS AND PRIVILEGES

1 There shall be no charge for the receipt cards

2 There shall be no charge for credit card vouchers subject to suppliers (third party) availability and conditions Should the Company pursue a course of action leading to Point of Sale terminals which usage will include Debit transactions Decremental Cards and Credit Cards there would be a charge for paper usage

3 The drivers shall choose their own working hours during their shift

4 Reasonable accommodation shall be given to payment of outstanding debts for accident(s) The following minimum payments are required

A) Up to $1 00000 - $ 1 000 per day

B) Over $100000- $2000 per day

Agreed to on the understanding that this does not apply to spare cars

Collective Agreement laquoCompanyraquo Page 41

SCHEDULE C RULES AND REGULATIONS

1 The following articles of clothing are not acceptable forms of attire at OJS

(a) Sweat pants and shorts except for dress shorts Dress shorts will be allowed from April to Labour Day Drivers caught wearing inappropriate shorts will be given one (1) warning and any future occurrence with regards to inappropriate shorts will cause them to lose the right to wear dress shorts for the duration of that season Shorts can be no shorter than three (3) inches above the knees

(b) T-shirts (except Union decaled T-shirt) without lapels tank tops and muscle s1middot1irts

NB Clothing andor other attire with obscenities profanities or sexually degrading remarks are not acceptable Hair must be clean and neat Faces must be clean-shaven or beards neatly trimmed Clothing must be tear and rip free with no visible patches and is to be cleaned and ironed as required Socks must be worn at all times with all types of footwear except for sandals

2 Drivers must be courteous and pleasant at all times and must conduct themselves in a professional business-like manner

3 There is to be no abusive foul language or gestures directed at customers or the general public

4 Consumption of alcohol or drugs will not be tolerated prior to the commencement of a shift andor while driving

5 There wiil be no arguing and fighting among drivers or other DJs personnel under any circumstances

6 No playing of cards or any other games of chance is allowed at any time when working This includes any form of gambling or betting on the air

7 Profanity or abusive language on the air or in your vehicle is prohibited at all times

8 Use of cell phone during the conveyance of a customer(s) is prohibited

9 Each taxicab and driver shall carry at all times a current street guide Drivers are to make proper use of this guide to avoid unnecessary air time

Collective Agreement ccCompanyraquo Page42

10 Deliveries are to be taken directly to the destination Running other fares while occupied on deliveries will not be permitted unless approved by the dispatcher

11 No messages between drivers are permitted Drivers will receive messages to call home spouse office union office partner or garage

In addition When an authorized Union rep asks the dispatcher to have a member of the bargaining unit call them for union business only this will be allowed and if necessary a phone number will be given

12 Picking up a fare while on the way to an accepted dispatch call will not be permitted

13 Drivers must allow 5 minutes wait at the customers pick-up address

14 Drivers shall take reasonable steps to ensure that they pickup only those fares that they are dispatched to Drivers must check with dispatcher for authorization before taking another fare from same address

15 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical breakdown emergency or any other reason(s) not herein listed the dispatcher shall reshydispatch the fare and suspend the driver for one (1) hour

16 Interference or jamming of the radio is a Federal offence and will not be tolerated

17 When necessary drivers must assist customers with handling of baggage and opening and closing of doors

18 No complaining to customers about short fares or time calls A list of regular short fares will be established and such fares shall be dispatched as Locals

19 At customers request music radio and other sound systems except for the twoshyway radio must be turned off

20 Driver must issue a receipt card upon request by customer Drivers signature must be clearly marked in the appropriate place on the receipt card There is no charge for the issuance of a receipt card

21 No new driver is to commence work until he has been briefed by OJS staff in the operating of our charge account system

22 Some of the guidelines in the operation of our charge account system are as follows

Collective Agreement laquoCompanyraquo Page43

(a) All charges are to be signed with car number (eg-DJ70) and date clearly written

(b) If the fare goes to more than one destination these other destinations are to be clearly marked on the reverse side of the chit

(c) Taxi chits to be signed by the customer and dollar value to be clearly marked

(d) Gift certificates which currently have a maximum value of $500 each are to be accepted at face value and change given as required

(e) Drivers must note on back of chit the drop offpick up address if it is different from address shown on face of chit

Drivers are prohibited from buying other drivers charges whether they be DJS drivers or other cab Companys charges Violation of this rule shall result in the following fines

1st offence -2d offence bull 3rd and subsequent offences-

$5000 per chit $10000 per chit $20000 per chit

plus the face value of each chitCredit Card in all cases

The parties agree that the above penalties are specific penalties within the meaning of the Ontario Labour Relations Act An Arbitrator shall not have the power to alter or modify any penalty imposed under this clause

(f) Drivers must accept all major credit cards approved by OJS Taxi

(g) Drivers are responsible for ensuring that all necessary information is clearly marked on charge vouchers as follows

bull Customers name and signature bull Card number (correct number of digits) bull Expiry date bull Drivers signature and car number (eg-DJ70) bull Ensure proper copies of charges are submitted to the Company for

processing bull No hand written major credit card sales drafts will be accepted

23 All cars are to be cleaned inside and out by 1000 am every day with due regard given to road and weather conditions

Collective Agreement Page44

24 All drivers must ensure that they have change for $2000 at all times and will not be removed from the sheet while getting change provided they are not called

25 No taxicab driver shall charge a passenger for

(a) The cost of proceeding to an establishment for change or

(b) Waiting time while a passenger obtains the change provided the bill presented for payment is of $2000 denomination or less

26 No vehicle to be left unattended with keys in the ignition

27 No person(s) unless authorized by the Company shall accompany the driver in the vehicle while heshe is occupied with a paying fare

28 Taxis must not be left unattended on a OJS taxi concession stand for more than ten (1 0) minutes

29 Only au~horized drivers with valid licenses can operate a taxi-licensed vehicle

30 Roof sign must be removed from vehicle when not on duty or involved in an accident

31 ALL DRIVERS ARE ADVISED THAT IT IS AGAINST THE LAW AND OJS TAXI COMPANY LIMITED POLICY TO REFUSE DOG GUIDES IN THEIR CABS REFUSAL WILL RESULT IN FINES AND DISCIPLINARY ACTION BY THE COMPANY

1st offence - 1 week suspension 2nd offence - 2 weeks suspension

3rd offence - Dismissal No longer working under the OJS roof sign

Accommodating Persons with Disabilities

The Management of OJS Taxi wishes to advise all its employees drivers and others operating under the OJS Taxi roof sign of the OJS Taxi policy with respect to blind passengers whether or not they use dog guides

Under the Blind Persons Rights Act of Ontario no person may either deny any person services customarily available to the public or discriminate against any person with respect to services available to the public for the reason that they are a blind person accompanied by a dog guide

Under the Ontario Human Rights Code every person has a right to equal treatment with respect to the supply of services which includes taxi services

Collective Agreement laquoCompanyraquo Page45

bull

without discrimination because of among other things a disability A disability includes any physical impairment such as being blind visually impaired deaf or hard of hearing

Guide Dogs and Taxi Services Many disabled persons are physically dependent on guide animals in their daily activities Canadians who are blind or visually impaired deaf or hard of hearing or who have other types of disabilities such as epilepsy are dependent on guide animals

Accommodation of these individuals necessitates that they be permitted to take their guide animals with them into taxi cabs Refusing to allow them to do so will infringe on their human rights and is against the Blind Persons Rights Act of Ontario and the Ontario Human Rights Code

This notice will simply repeat what should be apparent to you all that if a blind person with or without a dog guide is refused services by any OJS Taxi driver such actions will result in fines to the driver and other disciplinary action including the possibility of suspension by the Management of DJs Taxi Co Ltd

For more information regarding guide animals please review the attached pamphlet and information sheet published by Dog Guides Canada

Any inquiries concerning this policy should be directed to any member of the Management who will if it is required explain the policy to you

32 Drivers are not allowed in the dispatch office

33 All parking tickets will be paid by the rental driver responsible

34 In order to boost with Company owned taxicabs employees must request an obtain instruction from the garage manager or his designee on the proper method of boosting in order to reduce any risk of injury to the driver passenger and damage to the vehicle(s)

In the event of misuse employees at their discretion may be either disciplined in accordance with the principle of progressive discipline or have the option of reimbursing the Company for the cost of damaged parts

35 Any driver operating a taxi while his drivers license or taxi license is under suspension will be disciplined unless the driver can obtain written proof from the Ontario Ministry of Transport andor the appropriate taxi licensing authority that the driver did not receive evidence that hisher license was suspended or cancelled

36 When necessary or requested all elderly andor disabled customers are to be assisted in and out of taxicab at all times

Collective Agreement laquoCompanyraquo Page 46

37 No stealing fares

38 Drivers are not allowed to book no loads and run the fare

39 Drivers cannot refuse dispatched fares subject to article 1304 andor where the driver believes his safety or health is at risk

40 Failure to come to voice after two (2) requests by the Dispatch Supervisor will result in the Driver being suspended in the computer

41 Dispatch staff will not make phone calls for drivers unless it is an emergency situation

42 There shall be no personalization of any fares or trips placed through the Dispatch System of OJS Taxi except for returns east of but not including the Civic Hospital within the same twenty-four (24) hour period Where a return-call has been prearranged through the Dispatch System prior to the initial call being dispatched then the return-call cannot be personalized

43 Drivers will pay monies owed to the company by 400pm on the day that they are due No driver with an outstanding balance will be allowed to book on the sheet until their account is paid in full to the business office This means credited to their account and a receipt issued

44 Dispatchers shall give the line-up every thirty- (30) minutes except for the months of December January and February On implementation of the Computerized Dispatch this clause will be eliminated

45 All deliveries shall be given out as regular calls except where provided in this agreement and all employees shall have the option to refuse to deliver alcohol When a dispatcher requests a driver to call him for information concerning a delivery the dispatcher will first give the delivery address over the radio to ensure the delivery is being dispatched correctly

46 When drivers book out of their cars to attend scheduled complaint meeting appointments they shall be allowed to remain in their spot on the line up queue passed by for fares and treated by the dispatch as if they are no longer on the sheet

When the affected driver returns to his car and books back in he shall be returned to his position in the line up queue and given his next rightful fare

The maximum time a driver shall be allowed to book out for a complaint meeting is one half-hour

Collective Agreement laquoCompanyraquo Page 47

This rule shall only apply if the affected driver does not incur any discipline as a result of the complaint meeting

47 All cabs at DJS Taxi must have a mike clip and the clip must be used Drivers must pick up their mike when communicating

48 Drivers using vans as taxicabs must have and make use of (when requested or required) a portable step to assist passengers in and out of their vehicles

49 All taxicabs must be free of any body damage and any damage must be repaired within ninety- (90) days

50 Roof signs must be kept in good working order and condition with Company approved logo clearly visible front and rear

51 In order to ensure equipment is compatible with computer dispatch system all new radio equipment must be approved by the Company prior to installation

Collective Agreement laquoCompanyraquo Page48

SCHEDULE D CREDIT CARD POLICY amp PROCEDURES

DRIVERS MUST ACCEPT ALL COMPANY APPROVED CHARGES CREDIT AND DEBIT CARDS

DRIVERS MUST HAVE A POINT OF SALE UNIT AND A MANUAL PRINTER PER CURRENT BYLAW CITY OF OTTAWA

Due to the increased use of fraudulent Credit Cards by customers in taxicabs the following procedures have been developed to protect drivers from falling victim to Credit card fraud When accepting Credit cards the following rules must be followed

Credit and Debit Cards- the following rules must be followed

AUTHORIZATION OF ALL DEBIT AND CREDIT CARDS

All Credit Card slips must be authorized regardless of amount Verification is generally done after the fare is completed but verification of an estimated or known amount can be done prior to the completion of the trip if

bull The destination is beyond the radio coverage area bull The driver has reason(s) to suspect the validity of the card

INFORMATION REQUIRED FOR ACCEPTANCE OF DEBIT ANDOR CREDIT CARD SLIP FOR PAYMENT The completed Credit Card slip must contain all the following information

(a) Vehicle Number (pre-printed on POS slip if not to be written by hand at the bottom of the slip)

(b) Drivers ID Number and Initials (c) Amount of fare and gratuity (if applicable) (d) Authorization number (Pre-printed on POS slip) (e) Date of the fare (Pre-printed on POS slip) (f) The Debit or Credit Card must be swiped at all times (in the event that the

receipt does not print imprinting Credit Card only on manual imprinter is acceptable with customers signature but the imprint of the card number has to be clear) In the case of a swiped transaction part of the card number will display per Credit and Debit Card industry rules

(g) Customers signature clearly written (Credit Card only) marked TRANSACTION COPY We will accept the CUSTOMER COPY as long as it has the customers signature Debit POS slips are to be submitted marked TRANSACTION COPY NO SIGNATURE IS REQUIRED

Collective Agreement laquoCompanyraquo Page49

DISPUTES BY A CUSTOMER

Should a debit or credit card slip be disputed by the customer their bank or other financial institution the company will investigate If such investigation proves fraud or error by the driver the driver will be charged back for the full amount of the charge

If the disputed transaction was processed on a non-company unit a $500 plus HST charge plus the value of the charge will be debited to the drivers account The Company will refund the customer for the value of the charge

Should a customer andor driver report that the charge has been approved more than once the Company will investigate The Company does not allow any refunds in the taxicab Drivers can void a transaction but this must be done before Batch Closing the transaction A Void can only be done in the presence of the customer as the card (debit or credit) must be present The driver can then re-swipe the card for the correct amount The Company publishes a toll free number for customers or drivers to call with any concerns about a transaction If a customer has been charged more than once for the incorrect amount the following procedures apply

Credit Card

The Company will verify that the customer was charged multiple times or has been over-charged and issue a refund as necessary The Company will send a copy to the customer upon request All refunds are processed on a Point of Sale unit or Virtual Merchant (on-line) The Company may contact the driver to determine the validity of the customers details

Debit Card

The Company will verify that the customer was charged multiple times or has been overcharged and issue a cheque refund as necessary The Company keeps a copy of the cheque issued

GENERAL INFORMATIONGUIDELINES

1 If the driver has overcharged the customer and has been paid the incorrect amount the Company will adjust the drivers account and provide a receipt The Company maintains a log in the even there is a dispute by the driver or the customer If the driver reports the overcharge that is logged on a Customer Incident Form which has a Control Number

2 Hand written Credit Cards will not be accepted All Credit Cards must be passed through a manual imprinter which clearly shows the full credit card number If the credit card number is not clear and cannot be authorized

Collective Agreement laquoCompany Page 50

the driver will face debitchargeback of the amount as it cannot be authorized

3 The only Credit Cards accepted by Taxitab a division of Coventry Connections Inc are

i Visa ii Mastercard iii American Express

Note Visa Mastercard and American Express all issue prepaid credit cards these are all accepted

4 Taxitab a Division of Coventry Connections accepts Debit Cards for Canadian Financial Institutions Debit Cards for foreign banks may not

work on the unit Visa Mastercard have commenced issuing Debit Cards these are all accepted These cards are clearly marked on the face of the card with the Visa and Mastercard logos

5 The following items are to be checkedverified by the driver upon presentation of a Credit Car (a to d) Debit Card (d only)

CHECK LIST

(a) Expiry Date Ensure the card is valid Check to be sure that the Card is not being used beyond the expiry date printed on the card If the card is expired refuse to accept it

(b) Altered Cards Check to see if the card has been noticeably altered in any way If it has been refuse to accept it

(c) Card holders name and signature Check that the signature on the Credit Card slip is the same name printed on the card At the same time check that the signature is the same as the signature on the rear of the card If there is no signature on the rear of the card ask the customer to sign it as you are required to check this

If in doubt ask to see some other form of identification (preferably one with a picture and signature) that ensures that the person using the card is who they say they are

(d) Amount of fare and gratuity (if applicable) The amount of the Debit or Credit card slip must be equal to the amount of the fare and the gratuity (where applicable) Each amount should be entered in their respective places and only by the customer unless otherwise directed In the case of a Debit Card customer must always enter their PIN number to

Collective Agreement ltbullCompany Page 51

authorize the card Drivers must remind customer that the TIP field comes first followed by the PIN number

(e) $150 Surcharge

Debit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated by the City of Ottawa By-Law The $150 charge is prompted by the point of sale unit automatically The Driver receives 65cent of the $150 for every transaction

Credit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated in the City of Ottawa By-Law The $150 charge is NOT prompted by the point of sale unit automatically The driver adds the $150 to the metered amount and enters this total in the base amount field

6 CAUTIONS

7

(a)

(b)

(c)

Bank Card only have the Bank name on the card

Credit Cards are identified by the VISA MASTERCARD AMERICAN EXPRESS OR DINERS CLUB-ENROUTE symbols Only Cards with these symbols will be accepted

Credit Cards will have a holographic image on the face of the card

CASH ADVANCES

The use of Credit Cards for cash advances in the taxicab is not permitted Credit Cards must only be used in the taxicab for paying for an actual fare Anyone using a Credit Card in a taxicab to obtain cash advance is most likely using a stolen or fraudulent card

8 OUT OF TOWN FARES

For the drivers protection it is suggested that for fares going out of town and the customer wishes to pay by Credit Card it is recommended that the driver authorize the fare at the beginning of the trip (dispatcher can give an estimated amount) If there is a difference process the difference at the end of the trip There is a pre-authorization feature available for Credit Card only on the Point of Sale unit The Company can activate this on driver request but the driver must be

Collective Agreement ccCompany)) Page 52

bull

9

given correct training for this There are several steps involved with pre-authorization that must be followed before batch closing

BATCH CLOSING

Drivers must close transaction in the terminals at the end of their shift Credit Card authorizations only remain in the terminal for five (5) days after that the processor closes them automatically Drivers must batch close all credit cards no later than four (4) days in order for the items to appear on the batch close report

Batch Close reports will print separately for Debit and Credit Cards and list the details of the transactions in the terminals showing the card type and the last four (4) digits of the card involved This Batch close cannot be reprinted drivers must hold on to them Attach the slips to the Batch Close and bring to the cashier The cashier will verify the attached slips are on the batch close and proceed to pay or credit the driver assuming all slips are authorized and complete (as discussed above under (1) Authorization Procedures)

The following circumstances regarding Batch Closes will apply

(i) Batch Close with All Debit and Signed Credit Card slips- Driver will be paid or credited at time of presentation at a cashiering station

(ii) Batch Close- No Debit Slips if the batch close shows a Debit Slip and the driver has misplaced or lost the slip the Driver will be paid or credited at the time of presentation at a cashiering station

(iii) Batch Close No Credit Card Slip- No Slip No Payment at time of cashiering (driver is to go to Driver Admin in this instance) If the driver has a signed manual slip and the last 4 numbers of the card match those on the batch close the slip will be accepted by the cashier

NO BATCH CLOSE REPORT -If a Driver has lost or misplaced Batch Close report the Driver is to go straight to Driver Admin (not cashiering) The Driver is to bring the receipts (if there is a credit card slip with no signature there is a separate procedure for this below) he has for which he has not batch close Driver Admin will initiate a Batch Close Incident Report which has a Control Number for future reference The Procedure is as follows

(i) Driver Admin to Photocopy all Slips and write the Control from the Batch Close Incident Form on the photocopy and date the sheet The

Collective Agreement ccCompanyraquo Page 53

bull

bull

Driver is to keep this in the event of a dispute or apparent nonshypayment in account

(ii) Driver Admin will complete the top copy of the report attach a copy of the slips The Driver will complete the bottom part of the report and sign it

(iii) Management will need 72 hours (three business days) from the date of Incident Report to investigate the transaction has been settled in the POS unit

(iv) Providing Management confirms the transaction is complete the slips will be credited to the Drivers account and a receipt will be printed A copy of the receipt is attached to the Batch Close Incident Report The Control from the Form is entered when the the amount is credited for reference A receipt can be printed at that time by cashier

(v) In the event that a driver does not have a Batch Close and presents a credit card slip with no signature the following will apply

(vi) If the Driver experiences a problem with the Batch Close or operation of the unit the Driver is to bring the unit to the office during normal hours Management will investigate the issue and call Driver to reshyissue the unit completing paperwork for the replacement unit which the driver will sign

Any driver attempting to defraud a customer by processing a debit or credit slip more than once will be terminated

Collective Agreement laquoCompany)) Page 54

bull

bull

SCHEDULE E STOLEN FARE POLICY

Whenever the Dispatch Supervisor receives a complaint that a fare either dispatched to the complainant or from within the same block of taxi standconcession on which the complainant is parked has been stolen and the identification of the accused is made known the Supervisor shall

(a) Bring the accused to voice and notify himher of the allegations

(b) Inform the complainant that a deposit of forty dollars ($4000) must accompany his accusation and to be deposited within one (1) hour of the complaint Where applicable inform the complainant that the accused wishes to challenge the allegations and the date and time of the hearing shall be known to both parties

(c) A failure of either party to attend the hearing will result in an additional fine of forty dollars ($4000) to be paid within sixty (60) minutes of the conclusion of the hearing or a suspension ob the absent party until payment is received

(d) Inform the accused of the available options

(i) Arrange for repayment of the fare in its entirety to a minimum of forty dollars ($4000) to the complainant a Union representative or the Company on behalf of the complainant within sixty (60) minutes or

(ii) If the allegation is being denied and the accused wishes to refute it forty dollars ($4000) must be deposited at the dispatch office within sixty (60) minutes with a notification to the Dispatch Supervisor that the allegation is being challenged

Where the accused fails to respond to two (2) voice messages or refuses to comply with (c) the accused shall have dispatch services suspended until in compliance or the Company receives instructions from a Union Representative to do otherwise

The penalty for a wrongful accusation is the payment of forty dollars ($4000) to the accused by the accuser in addition to the return of the accuseds deposited payment

It is understood and agreed that the action(s) of the Dispatch Supervisor(s) in the compliance of this Policy is not to be construed as a determination of who is the guilty party In all disputes regarding stolen fares the Committee shall make the final determination with respect to guilt

Collective Agreement laquoCompany Page 55

bull

bull

Note Such fare(s) will not be considered as Stolen Fare(s) if picked up by driver(s) arriving on the Concession(s)Taxi Stand(s) prior the driver(s) who accepted the dispatched fare(s)

Collective Agreement ((Company Page 56

bull bull

APPENDIX 1

PLATE CAR LESSEE IND START LESSEE START

1 1027 5027 ADAM GRANT 1 91111986 111987

2 1015 5015 TIMS VAUGHN 411995 411995

3 1043 5043 MARTON FERENC G 10251995 10251995

4 1050 5050 DUBOIS JOHN 12111994 311996

5 1048 5048 SUNIL JOSHI 1111994 711996

6 1030 5030 SLIM MOHAMED 711996 7111996

7 1041 5041 JAMALEDDINE ZAHER 911996 911996

8 1040 5040 MAHEUX FRANK 11151996 181997

9 1109 1 5109 ASTLEY JAMES 1011994 1131997

10 1045 5045 MELHEM SAMIR 1211996 9211997

11 1028 5028 LABINE ANTHONY 10151980 11281997

12 1054 5054 ELmiddotNEMER NEMER 11131997 21271998

13 1113 5113 WEAGANT BROCK C 82211988 3131998

i

14 1039 5039 SOBH HAC HEM 11171997 5111998

15 1044 1 5044 MOUFARREJ RAYMOND 10241996 1161998

16 1042 5042 MCCONVILLE BILL 311992 11111998

17 1107 5107 GIANNAKOS LOUIS I 9111997 491999

18 1026 5026 VERMA LALIT 51261996 5311999

19 1033 5033 MITCHELL BRUCE 111987 9301999

i

20 1108 5108 PAPPAS CHRISTINE 121111991 1041999

rmiddot 1014 5014 NYTRA BEDRICH 961996 3302000

22 1000 5000 ABOUmiddotARRAG SAM I 611997 7132000

23 1038 5038 MUNROE JOHN 1111977 492001

24 1022 5022 RADULESCU GELU 611999 5232002

25 1139 5139 HASSOUN I MOUFID 71211999 8152002

26 1006 5006 SADER I GHASSAN 6211999 292004

27 1029 5029 CLAYTON GREG 911980 21132004

Collective Agreement ccCompany Page 57

bull

28 1034 5034 IBRAHIM 12301995 4302004

29 1037 5037 ABDALLA HASSAN I 3312000 2202006

30 1010 5010 HASSOUN AD NAN 8272001 312006

31 1031 MASSOUD 1241998 312006

32 1 1o35 5035 JANCO 911992 362006

1 33 1036 5036 SINGH BALWANT 92211999 3172006

Collective Agreement ltltCompanyraquo Page 58

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 29: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

21 05 The Company shall provide accident benefit coverage as set out in the OAP 1 of the Ontario Automobile Insurance Act and shall abide by the guidelines and statutory conditions as set out by the Insurance Company with whom the Company is insured

2106 With respect to Articles 2103 2104 and 2106 above which applies to accessible shift vehicles only) the Companys obligation is to provide insurance coverage only Any determination of whether a driver is entitled to insurance benefits andor whether a claim shall be paid or denied in any given situation shall be the sole and exclusive responsibility of the Insurance Company

2107 A driver who is insured through the Company shall provide the Company with a Motor Vehicle Drivers Abstract one month before the annual renewal of the Companys insurance policy A driver shall provide additional Motor Vehicle Drivers Abstracts as requested by the Insurer

21 08 The Companys insurer may judge a driver to be a high risk and may assess a surcharge accordingly A driver who is found tomiddot be a higher risk will bear the cost of any such surcharge

21 09 A driver insured by the Companys insurer who is involved in an accident shall regardless of whether he or she was at fault notify the dispatcher immediately The driver shall indicate whether the accident should be reported to the police and whether the customer or driver require medical attention Following notification of the dispatcher the driver shall remove the roof sign from the vehicle and record to the best of his or her ability all relevant information The driver shall bring the relevant information to the office within 24 hours of the incident excluding weekends and holidays)

2110 Drivers are responsible for the replacement of all lost or stolen antennae andor roof signs

2111 The Company shall pay the full El payments for all rental drivers In the event of an increase in the premiums during the life of this Collective Agreement drivers shall pay the drivers share of the increase

2112 All drivers who are insured through the Company obtained insurance must sign the Companys insurance agreement prior to commencing work The Company shall provide insurance agreements with no more than a $75000 deductible to be paid after the accident The amount shall be paid at the rate of $1000 per shift until fully paid

Collective Agreement ((Companyraquo Page27

ARTICLE 22 TAXI PLATE SALES

2201 1 Members of the Owners Group shall be able to sell plate(s) in the following manner

2202

(a) A notice of its intent to sell plate(s) shall be posted and announced over the dispatch system for a period of three (3) days and shall be offered to the lessees and rental drivers in the bargaining unit

(b) Where there is more than one interested applicant the plate(s) shall be offered based on seniority and plates sold shall be the plate of the most junior lesseedriver

Where the sale will result in the layoff of a driver that driver shall be recalled prior to any new hires by all Members of the Owners Group

2 Where there are no applicants the Member of the Owners Group will sell the last leased plate at their discretion Any driver laid off shall be recalled prior to any new hires by all members of the Owners Group

3 Sale of More Than One Plate at One Time

4

5

The Owners Group has the right to sell to whomever they choose provided that no one is displaced

In the event that the most junior lessee is displaced as a result of the sale of the plate the Company agrees to pay to the displaced lessee no more than fifty-five thousand dollars ($5500000) in the first year of this Agreement and according to the succession plan as outlined in article 23 for the following years of this Agreement This would apply only if the said lessee has complied with the succession plan as per article 23

An individual Member of the Owners Group shall not require any of his drivers to give up their rights under this Agreement and work under another roof sign without the drivers written consent given before a Notary Public for Ontario The Union shall be supplied with copies of the consents

In the case where a Member of the Owners Group is leasing a taxi plate and the Member of the Owners Group has a car under this plate and this vehicle is then rented out on a 12 or 24 hour rental this article then does not apply The Owners Group cannot be held responsible for any damage or compensation that may arise from the actions taken by the 3rd party

Collective Agreement laquoCompanyraquo Page28

2301

2302

2303

1

2

3

4

ARTICLE 23 SUCCESSION AND TAXI PLATE LEASES

Definition

The process by which the lessee of a Company-owned taxi license plate having determined that heshe wishes to retire andor otherwise terminate hisher relationship with the Company and having officially notified in writing both the Union and the Company of hisher intention to do so offers the opportunity to hisher driver to be the lessees successor all in accordance with the conditions sot out in this Article

In order to be eligible to offer a lease for succession the lessee must have been a party to a valid taxi plate Leasing Agreement with the Company for a minimum of one (1) year and have two (2) years of continuous uninterrupted service operating a taxi vehicle under the Companys roof sign The lessee must also be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

In order to qualify as a successor the driver must be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

An offer for succession shall follow the following order

No offer for succession can be made until the day after the final version of the seniority list as outlined in Appendix 2 has been agreed upon and signed-off by the Parties

The lessee must notify the Company and the Union in writing of hisher intention to exercise the option of succession and the projected date of the succession

The taxi plate lease shall be offered to the lessees current driver (if any) who shall have thirty (30) days to reject or accept the succession

If the offer is rejected or thirty (30) days have passed since the offer was made the taxi plate lease shall be offered to the drivers who are not single plate lessees (SPL) or a single plate owner (SPO) on the seniority list who shall have thirty (30) days to reject or accept the succession

Collective Agreement ltltCompanygtgt Page29

5

6

2304

2305

2306

2307

2308

2309

The most senior driver on the seniority list (who is not a single plate lessee-SPL or single plate owner-S PO) who accepts the succession shall be the successful incumbent lessee

In the event that no driver accepts the succession the lessee may ask that his request for succession be held in abeyance until such time as an incumbent lessee is found or may retire andor otherwise terminate hisher relationship with the Company at the time of hisher choosing In the event that the lessee retires andor terminates hisher employment relationship the taxi plate shall be returned to the Company and assigned to the next senior eligible driver as per the Companys past practice

The succession shall be valued at no more and no less than fifty-five thousand dollars ($5500000) except as modified as per sub-Article 2308 The driver (incumbent lessee) shall pay to the lessee the full value of the succession fee within sixty (60) days of the date of acceptance of the offer Once the driver has paid the succession fee the driver becomes a single plate lessee for the purposes of this Collective Agreement and will assume all rights duties responsibilities and obligations of a single plate lessee as set out in this Collective Agreement

The Parties agree that any monies or other considerations paid to a lessee at any time other than the time set out in sub-Article 2304 above shall not be counted towards the succession fee

The amount of $300000 (plus HST if applicable) shall be paid to the Company as a consulting fee by the incumbent lessee no later than the day before the day the incumbent lessee becomes a single plate lessee for the purposes of this Collective Agreement

Any lessee who exercises the succession option voluntarily terminates hisher employment with the Company and loses all seniority A driver who wishes to subsequently be rehired by the Company as a driver shall be placed at the bottom of the seniority list The driver will be eligible to become a lessee two (2) years from the date of hisher rehiring

The amount set out in sub-Article 2304 shall be increased annually on the date of the plate and stand rent increases set out in Article 27 of this Collective Agreement The annual increase shall be the same as the average of the percentage increase in the plate rent and the stand rent for that year

In the event of the death of a lessee and provided the lessee is up to date with all payments to the Company and has no outstanding amounts owing to the Company whatsoever the lessees estate shall have up to six (6) months from the date of death to exercise the option of succession

Collective Agreement laquoCompanybullbull Page 30

2310

2311

(a)

(b)

(c)

2312

Leasing agreements must be entered into provided they do not conflict with the terms of this Agreement

Without limiting the generality of 2310 in any way whatsoever a leasing agreement shall contain the following provisions

The lease shall terminate automatically for failure to fuHill any term of the lease including but not limited to failure by the lessee to fulfill any financial obligation or failure by the lessee to obtain replacement insurance in the event of cancellation of insurance

The lessee shall be the principal driver of the taxi vehicle which is attached to the taxi license plate

This Collective Agreement between the parties shall be the entire agreement and there shall be no other fee condition or other obligation except those set out in the Collective Agreement

All leased plates shall remain as such and shall not be converted to rental vehicles for the duration of this Agreement provided there are persons willing to leased said plates

ARTICLE 24 GRIEVANCE PROCEDURE

2401 A grievance shall include any issue regarding the interpretation administration application or alleged violation of this agreement It is the mutual desire of the parties that complaints of the drivers be adjusted as quickly as possible To that end the parties have adopted the following grievance procedure

STEP 1 A driver may bring his complaint to the Supervisor of the Members of the Owners Group If the driver does bring his complaint to the Supervisor he must do so within twenty (20) days of the incident or of he having knowledge of this incident giving rise to the complaint Where the complaint is brought forward it must be given to the Supervisor and the Supervisor shall reply within two (2) working days

STEP 2 Failing settlement of the complaint at Step 1 or where the driver has chosen not to avail himself of Step 1 the driver must file the grievance in writing within twenty (20) days of the incident or omiddotf he having knowledge of this incident giving rise to the grievance The grievance must be referred to the Member of the Owners Group claimed to be responsible andor any other person designated by the Member of the Owners Group Grievances shall be dealt with at the Step 2 meeting which shall be scheduled on the 3rd Wednesday of every month This monthly Step 2

Collective Agreement ccCompanyraquo Page 31

meeting shall be one meeting held at the Companys office Where the grievance involves the discharge of a driver the parties agree to meet within ten (1 0) working days of the filing of the grievance A representative of the Union shall be present at all step 2 meetings The Member of the Owners Group must respond within three (3) working days of the meeting

2402 Should a group grievance or a Union or policy grievance develop it shall be filed at Step 2 within twenty-five (25) days of the incident giving rise to the grievance or of the drivers or Union having knowledge of this incident

2403 Failing settlement under the above the matter in dispute may be taken to arbitration in accordance with article 26

2404 Drivers employed by single plate owners and single plate lessees may not grieve matters or disputes arising between the driver and the single plate owner or single plate lessee A committee shall be set up and made up of equal numbers of Uniondriver and Company personnel to assist in resolving disputes between the drivers and single plate owner and single plate lessee The committee shall have the power to determine a procedure to be followed as well as to determine fault and penalties

ARTICLE 25 ARBIrRATION

2501 After exhausting the provisions of the grievance procedure either of the parties may submit a grievance to arbitration either expedited or formal in writing within thirty (30) days of the Step 2 reply or if there is no reply within thirty (30) days after the expiration of the time limits to provide a reply

2502 Unless otherwise mutually agreed by the parties all grievances referred to arbitration not relating to an indefinite suspension a discharge or any separation of employment or to the interpretation of the collective agreement group grievances and policy grievances shall be referred to the expedited process

Grievances referred to arbitration in respect of indefinite suspensions discharge or separation of employment for any reason or to the interpretation of the collective agreement and group grievances may only be referred to this expedited process by the mutual agreement of the parties

2503 Within fourteen (14) days after notice has been given that the grievance will proceed to formal arbitration the parties shall meet and agree on a single arbitrator If the parties cannot agree on an arbitrator within this time limit either party may request the Minister of Labour to appoint an

Collective Agreement laquoCompanyraquo Page32

arbitrator and this appointment shall be binding on both parties In respect of the cost of arbitration of formal grievances the parties shall share equally the fee and expenses of the sole arbitrator

2504 The formal arbitrator shall have the right to exercise all the powers provided by the Labour Relations Act as amended from time to time

2505 The Arbitrator must hand down a written decision within sixty (60) days of the date of the hearing

2506 As an alternative to the formal arbitration process set out in the foregoing paragraphs a grievance may be referred to a previously agreed-upon person who shall hear the grievance and who shall at the conclusion of the hearing give a decision immediately Such decisions may not be used to alter modify or amend any part of the collective agreement and are made without precedent or prejudice to similar or like cases Such a decision shall be final and binding upon both parties and no further action may be taken on that grievance by any means whatsoever

2507 To maintain the efficiency of this expedited process the parties shall schedule a minimum of one (1) day of arbitration every three- (3) months except in those circumstances where either party deems it necessary to schedule the arbitrator more frequently

2508 The parties shall share equally the fee and expenses of the persons selected to hear the expedited arbitration cases

2509 At all expedited arbitration hearings the Company or Member of the Owners Group shall be represented by a member of their management and the Union shall be represented by a Union staff representative or an officersteward of the Local Union

2510 The Union shall forward to the representative of the Member of the Owners Group a list of the expedited grievances to be heard on the day or days scheduled for the hearing of grievances according to the expedited arbitration procedure The aforementioned list shall be forwarded to the representative of the Member of the Owners Group no later than ten (10) working days in advance of the hearing unless otherwise mutually agreed

2511 By exception a party may call one (1) witness at an expedited arbitration

2512 Prior to proceeding to formal or expedited arbitration and at least thirty (30) days prior to the date of arbitration the parties may upon mutually agreement request that any grievance be referred to a mediator to act as a grievance mediation officer for the purpose of attempting to

Collective Agreement laquoCompanyraquo Page33

mediate a settlement of the grievance The parties shall share equally the fee and expenses of this officer

ARTICLE 26 TAXI PACKAGE

2601 The employer shall provide to the rental driver at no extra cost motor vehicle insurance with a collision provision deductible not exceeding $50000 for each accident at fault

The Owners Group shall also provide to the rental driver at no extra cost comprehensive coverage with zero (0) deductible including but not limited to fire and theft It is agreed and understood that comprehensive coverage does not cover driver added equipment

2602 Each rental driver shall be supplied for a daily twelve (12) or twenty-four (24) hour period at no extra cost a roadworthy safe sedan four (4) door taxicab with proper weather resistant tires for all seasons and with a seating capacity for not less than four (4) passengers containing

2701

2702

2703

1 A roof sign 2 A sealed taxi meter 3 A two-way radio 4 A full size spare tire subject to space limitations 5 A tire tool 6 A jack 7 A mike clip 8 A full tank of gas at start date 9 Air conditioning on replacement vehicle where possible 10 An electric rear window defroster or blower

Any equipment owned by the Owners Group that becomes inoperative shall be repaired as soon as possible

ARTICLE 27 RENTAL CHARGES AND TERMS OF AGREEMENT

This agreement shall take effect upon ratification and be binding on both parties for three (3) years and shall continue for annual periods of one year each unless either party gives at least one hundred and twenty (120) days notice that it wishes to amend this agreement

It is agreed and understood that this agreement will remain in full force and effect until amended by negotiations

Rates shall be as follows

Collective Agreement laquoCompanyn Page 34

712011 712012 712013

Stand Rent (monthly) $43900 $45000 $45900

Plate Rent (monthly) $71926 $75000 $75960

Daily Car Rental 24 hr Regular Plated $9700 $9700 $9700

24 hr Accessible Plated $10500 $10500 $10500 12 hr Regular Plated $6700 $ 6700 $6700

12 hr Accessible Plated middot $8300 $8300 $8300

Credit Card Transaction 50 50 50

Debit Card (per) Transaction $065 $065 $065 (To the Driver)

POS Rental Fee (monthly) $800 $800 $800

POS Insurance (monthly) $300 $300 $300

Note The above rates do not include HST

Note For purposes of car rental rates the weekly rents shall be six (6) times the daily rent

Note It is recommended that drivers use Company supplied POS machines and systems

2704 Employees shall pay all monies owed to the Company in the following manner Monthly By the 5th business day of the month

2705 Any employee failing to pay monies by the above dates and times shall be suspended and not reinstated until the monies are paid in full and credited to their account

2706 Employees shall be entitled to pay their rents to the company by company approved charges cash and cheque - provided the employee has at least one (1) year of seniority

Employee(s) who have one (1) cheque returned NSF shall be suspended immediately upon the company receiving notification from the

Collective Agreement ((Company Page35

bank shall lose such privilege for twelve (12) months and shall be charged the appropriate charges

ARriCLE 28 GENERAL

2801 The Company and drivers shall maintain its internal company charge system and accept major credit cards which currently include Visa Mastercard American Express and Diners Cluben Route as approved by the Company

2802

2803

2804

2805

2806

2807

This system shall continue for the duration of this Agreement so long as external factors outside the Companys control do not prevent the Company from doing so Drivers shall be entitled to cash their charges provided they do not have any outstanding balances at the offices of the Company during the hours of 0830am to 400pm Monday to Friday except holidays The Company shall make available to the employees during normal business office hours receipt cards and credit card slips All credit card charges must be authorized

Drivers shall pay a fee of five (5) of all credit card charges that they redeem

Except as otherwise provided in this agreement all passengers shall be treated in a polite professional courteous and businesslike manner at all times by both the Owners Group and the employees

If requested a properly signed receipt shall be furnished by the owner for all payments made by the driver (If requested said receipt shall show a breakdown of all payments made by the driver and the dates for which they apply) For the purposes of this clause a numbered computer receipt shall be deemed to be signed

The employees who own their own vehicles whether or not they own their own license shall have absolute choice as to where their vehicle is to be repaired andor maintained

No employee either full-time or part-time shall abuse or mistreat any vehicle or equipment (ie roof sign radios meters and aerials)

The Owners Group agrees to work with the Union to lobby the City of Ottawa to allocate stands where necessary and appropriate

The Company agrees to provide the Union with the rules covering the stands controlled by concession agreements

Collective Agreement ccCompanyraquo Page 36

bull

2808 Subject to the provision of adequate insurance coverage all car owners shall be free to place a second driver or a third driver on their vehicles should they require without interference from the Company

2809

2810

2811

2812

2813

2814

In the event the Company refuses an individual employment as a second driver or as a third driver the Company agrees that such refusal may be the subject of a grievance and the onus of proof shall rest with the Company to show just cause for such refusal

The parties agree that no vehicle will have more than three (3) drivers at any one (1) time

The Company shall take reasonable steps to maintain all current concession agreements for the duration of this agreement The Company shall take all reasonable steps to obtain additional concession agreements

The Company shall have a phone line separate from the dispatch office so that drivers business people friends of the office staff may call through middot without having to tie up the dispatchers time The separate phone line may be used by the dispatch office during non-business hours

Time-off without rental fees or loss of seniority will be given to those members of the bargaining unit who are called for jury duty Rental driver(s) must park their rental vehicle(s) at the Companys premises should the jury duty go beyond three (3) days

The Company shall maintain a drivers waiting area As well the Company shall allow the drivers to use the telephone in the office for local calls only pursuant to the current past practice

In the event of an assessment to the CompanyOwners Group by WSIB in relation to the provision of WSIB benefits for the Bargaining unit personnel the CompanyOwners group and the Union agree to renegotiate in good faith the rates set out in Article 2703 Where the parties fail to reach agreement on the issue the matter shall be referred to an arbitrator for full and final settlement

When a customer complaint is received by the dispatcher the latter will advise the customer that an authorized representative of the Company will handle the complaint in an expeditious manner Upon request by the Union the Company shall provide a copy of the computer printout and all other relevant information including but not limited to any taped conversation related to the complaint being investigated The privacy of the customer is paramount and will at all times be respected

Collective Agreement ccCompanybullbull Page 37

2901 (a)

(b)

ARriCLE 29 BEREAVEMENT LEAVE

The Members of the Owners Group agree to grant affected employee(s) the necessary time off of up to four (4) days without fees at the time of death of the following relative(s) of said employee(s) father mother spouse (includes common-law) child brother sister mother andor fathershyin-law

The Members of the Owners Group further agree to grant to affected employees two (2) days without fees at the time of death of the following relatives of the employee sister andor brother-in-law and grandparent

ARTICLE 30 SOCIAL JUSTICE FUND

3001 The Company shall pay to the Union an amount of eight hundred ($80000) dollars per collective agreement year with such amounts being made payable to the CAW Social Justice Fund Inc Said amounts shall be paid by separate cheque by the last day of February in each year of this collective agreement A tax receipt shall be supplied to the Company on receipt of said amount

ARTICLE 31 SAFETY BANQUET

3101 The Company agrees to contribute seven hundred and fifty dollars ($75000) to the Unions annual Safety Banquet in each year of the Collective Agreement

SIGNED THIS DAY OF APRIL 15 2012

FORTH~

~~

Collective Agreement laquoCompanyraquo Page38

Collective Agreement laquoCompanyraquo Page39

SCHEDULE 11 A 11 LIST OF THE OWNERS GROUP

Coventry Connections Inc

Collective Agreement ccCompanyraquo Page40

SCHEDULE nan EXISTING CUSTOMS RIGHTS AND PRIVILEGES

1 There shall be no charge for the receipt cards

2 There shall be no charge for credit card vouchers subject to suppliers (third party) availability and conditions Should the Company pursue a course of action leading to Point of Sale terminals which usage will include Debit transactions Decremental Cards and Credit Cards there would be a charge for paper usage

3 The drivers shall choose their own working hours during their shift

4 Reasonable accommodation shall be given to payment of outstanding debts for accident(s) The following minimum payments are required

A) Up to $1 00000 - $ 1 000 per day

B) Over $100000- $2000 per day

Agreed to on the understanding that this does not apply to spare cars

Collective Agreement laquoCompanyraquo Page 41

SCHEDULE C RULES AND REGULATIONS

1 The following articles of clothing are not acceptable forms of attire at OJS

(a) Sweat pants and shorts except for dress shorts Dress shorts will be allowed from April to Labour Day Drivers caught wearing inappropriate shorts will be given one (1) warning and any future occurrence with regards to inappropriate shorts will cause them to lose the right to wear dress shorts for the duration of that season Shorts can be no shorter than three (3) inches above the knees

(b) T-shirts (except Union decaled T-shirt) without lapels tank tops and muscle s1middot1irts

NB Clothing andor other attire with obscenities profanities or sexually degrading remarks are not acceptable Hair must be clean and neat Faces must be clean-shaven or beards neatly trimmed Clothing must be tear and rip free with no visible patches and is to be cleaned and ironed as required Socks must be worn at all times with all types of footwear except for sandals

2 Drivers must be courteous and pleasant at all times and must conduct themselves in a professional business-like manner

3 There is to be no abusive foul language or gestures directed at customers or the general public

4 Consumption of alcohol or drugs will not be tolerated prior to the commencement of a shift andor while driving

5 There wiil be no arguing and fighting among drivers or other DJs personnel under any circumstances

6 No playing of cards or any other games of chance is allowed at any time when working This includes any form of gambling or betting on the air

7 Profanity or abusive language on the air or in your vehicle is prohibited at all times

8 Use of cell phone during the conveyance of a customer(s) is prohibited

9 Each taxicab and driver shall carry at all times a current street guide Drivers are to make proper use of this guide to avoid unnecessary air time

Collective Agreement ccCompanyraquo Page42

10 Deliveries are to be taken directly to the destination Running other fares while occupied on deliveries will not be permitted unless approved by the dispatcher

11 No messages between drivers are permitted Drivers will receive messages to call home spouse office union office partner or garage

In addition When an authorized Union rep asks the dispatcher to have a member of the bargaining unit call them for union business only this will be allowed and if necessary a phone number will be given

12 Picking up a fare while on the way to an accepted dispatch call will not be permitted

13 Drivers must allow 5 minutes wait at the customers pick-up address

14 Drivers shall take reasonable steps to ensure that they pickup only those fares that they are dispatched to Drivers must check with dispatcher for authorization before taking another fare from same address

15 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical breakdown emergency or any other reason(s) not herein listed the dispatcher shall reshydispatch the fare and suspend the driver for one (1) hour

16 Interference or jamming of the radio is a Federal offence and will not be tolerated

17 When necessary drivers must assist customers with handling of baggage and opening and closing of doors

18 No complaining to customers about short fares or time calls A list of regular short fares will be established and such fares shall be dispatched as Locals

19 At customers request music radio and other sound systems except for the twoshyway radio must be turned off

20 Driver must issue a receipt card upon request by customer Drivers signature must be clearly marked in the appropriate place on the receipt card There is no charge for the issuance of a receipt card

21 No new driver is to commence work until he has been briefed by OJS staff in the operating of our charge account system

22 Some of the guidelines in the operation of our charge account system are as follows

Collective Agreement laquoCompanyraquo Page43

(a) All charges are to be signed with car number (eg-DJ70) and date clearly written

(b) If the fare goes to more than one destination these other destinations are to be clearly marked on the reverse side of the chit

(c) Taxi chits to be signed by the customer and dollar value to be clearly marked

(d) Gift certificates which currently have a maximum value of $500 each are to be accepted at face value and change given as required

(e) Drivers must note on back of chit the drop offpick up address if it is different from address shown on face of chit

Drivers are prohibited from buying other drivers charges whether they be DJS drivers or other cab Companys charges Violation of this rule shall result in the following fines

1st offence -2d offence bull 3rd and subsequent offences-

$5000 per chit $10000 per chit $20000 per chit

plus the face value of each chitCredit Card in all cases

The parties agree that the above penalties are specific penalties within the meaning of the Ontario Labour Relations Act An Arbitrator shall not have the power to alter or modify any penalty imposed under this clause

(f) Drivers must accept all major credit cards approved by OJS Taxi

(g) Drivers are responsible for ensuring that all necessary information is clearly marked on charge vouchers as follows

bull Customers name and signature bull Card number (correct number of digits) bull Expiry date bull Drivers signature and car number (eg-DJ70) bull Ensure proper copies of charges are submitted to the Company for

processing bull No hand written major credit card sales drafts will be accepted

23 All cars are to be cleaned inside and out by 1000 am every day with due regard given to road and weather conditions

Collective Agreement Page44

24 All drivers must ensure that they have change for $2000 at all times and will not be removed from the sheet while getting change provided they are not called

25 No taxicab driver shall charge a passenger for

(a) The cost of proceeding to an establishment for change or

(b) Waiting time while a passenger obtains the change provided the bill presented for payment is of $2000 denomination or less

26 No vehicle to be left unattended with keys in the ignition

27 No person(s) unless authorized by the Company shall accompany the driver in the vehicle while heshe is occupied with a paying fare

28 Taxis must not be left unattended on a OJS taxi concession stand for more than ten (1 0) minutes

29 Only au~horized drivers with valid licenses can operate a taxi-licensed vehicle

30 Roof sign must be removed from vehicle when not on duty or involved in an accident

31 ALL DRIVERS ARE ADVISED THAT IT IS AGAINST THE LAW AND OJS TAXI COMPANY LIMITED POLICY TO REFUSE DOG GUIDES IN THEIR CABS REFUSAL WILL RESULT IN FINES AND DISCIPLINARY ACTION BY THE COMPANY

1st offence - 1 week suspension 2nd offence - 2 weeks suspension

3rd offence - Dismissal No longer working under the OJS roof sign

Accommodating Persons with Disabilities

The Management of OJS Taxi wishes to advise all its employees drivers and others operating under the OJS Taxi roof sign of the OJS Taxi policy with respect to blind passengers whether or not they use dog guides

Under the Blind Persons Rights Act of Ontario no person may either deny any person services customarily available to the public or discriminate against any person with respect to services available to the public for the reason that they are a blind person accompanied by a dog guide

Under the Ontario Human Rights Code every person has a right to equal treatment with respect to the supply of services which includes taxi services

Collective Agreement laquoCompanyraquo Page45

bull

without discrimination because of among other things a disability A disability includes any physical impairment such as being blind visually impaired deaf or hard of hearing

Guide Dogs and Taxi Services Many disabled persons are physically dependent on guide animals in their daily activities Canadians who are blind or visually impaired deaf or hard of hearing or who have other types of disabilities such as epilepsy are dependent on guide animals

Accommodation of these individuals necessitates that they be permitted to take their guide animals with them into taxi cabs Refusing to allow them to do so will infringe on their human rights and is against the Blind Persons Rights Act of Ontario and the Ontario Human Rights Code

This notice will simply repeat what should be apparent to you all that if a blind person with or without a dog guide is refused services by any OJS Taxi driver such actions will result in fines to the driver and other disciplinary action including the possibility of suspension by the Management of DJs Taxi Co Ltd

For more information regarding guide animals please review the attached pamphlet and information sheet published by Dog Guides Canada

Any inquiries concerning this policy should be directed to any member of the Management who will if it is required explain the policy to you

32 Drivers are not allowed in the dispatch office

33 All parking tickets will be paid by the rental driver responsible

34 In order to boost with Company owned taxicabs employees must request an obtain instruction from the garage manager or his designee on the proper method of boosting in order to reduce any risk of injury to the driver passenger and damage to the vehicle(s)

In the event of misuse employees at their discretion may be either disciplined in accordance with the principle of progressive discipline or have the option of reimbursing the Company for the cost of damaged parts

35 Any driver operating a taxi while his drivers license or taxi license is under suspension will be disciplined unless the driver can obtain written proof from the Ontario Ministry of Transport andor the appropriate taxi licensing authority that the driver did not receive evidence that hisher license was suspended or cancelled

36 When necessary or requested all elderly andor disabled customers are to be assisted in and out of taxicab at all times

Collective Agreement laquoCompanyraquo Page 46

37 No stealing fares

38 Drivers are not allowed to book no loads and run the fare

39 Drivers cannot refuse dispatched fares subject to article 1304 andor where the driver believes his safety or health is at risk

40 Failure to come to voice after two (2) requests by the Dispatch Supervisor will result in the Driver being suspended in the computer

41 Dispatch staff will not make phone calls for drivers unless it is an emergency situation

42 There shall be no personalization of any fares or trips placed through the Dispatch System of OJS Taxi except for returns east of but not including the Civic Hospital within the same twenty-four (24) hour period Where a return-call has been prearranged through the Dispatch System prior to the initial call being dispatched then the return-call cannot be personalized

43 Drivers will pay monies owed to the company by 400pm on the day that they are due No driver with an outstanding balance will be allowed to book on the sheet until their account is paid in full to the business office This means credited to their account and a receipt issued

44 Dispatchers shall give the line-up every thirty- (30) minutes except for the months of December January and February On implementation of the Computerized Dispatch this clause will be eliminated

45 All deliveries shall be given out as regular calls except where provided in this agreement and all employees shall have the option to refuse to deliver alcohol When a dispatcher requests a driver to call him for information concerning a delivery the dispatcher will first give the delivery address over the radio to ensure the delivery is being dispatched correctly

46 When drivers book out of their cars to attend scheduled complaint meeting appointments they shall be allowed to remain in their spot on the line up queue passed by for fares and treated by the dispatch as if they are no longer on the sheet

When the affected driver returns to his car and books back in he shall be returned to his position in the line up queue and given his next rightful fare

The maximum time a driver shall be allowed to book out for a complaint meeting is one half-hour

Collective Agreement laquoCompanyraquo Page 47

This rule shall only apply if the affected driver does not incur any discipline as a result of the complaint meeting

47 All cabs at DJS Taxi must have a mike clip and the clip must be used Drivers must pick up their mike when communicating

48 Drivers using vans as taxicabs must have and make use of (when requested or required) a portable step to assist passengers in and out of their vehicles

49 All taxicabs must be free of any body damage and any damage must be repaired within ninety- (90) days

50 Roof signs must be kept in good working order and condition with Company approved logo clearly visible front and rear

51 In order to ensure equipment is compatible with computer dispatch system all new radio equipment must be approved by the Company prior to installation

Collective Agreement laquoCompanyraquo Page48

SCHEDULE D CREDIT CARD POLICY amp PROCEDURES

DRIVERS MUST ACCEPT ALL COMPANY APPROVED CHARGES CREDIT AND DEBIT CARDS

DRIVERS MUST HAVE A POINT OF SALE UNIT AND A MANUAL PRINTER PER CURRENT BYLAW CITY OF OTTAWA

Due to the increased use of fraudulent Credit Cards by customers in taxicabs the following procedures have been developed to protect drivers from falling victim to Credit card fraud When accepting Credit cards the following rules must be followed

Credit and Debit Cards- the following rules must be followed

AUTHORIZATION OF ALL DEBIT AND CREDIT CARDS

All Credit Card slips must be authorized regardless of amount Verification is generally done after the fare is completed but verification of an estimated or known amount can be done prior to the completion of the trip if

bull The destination is beyond the radio coverage area bull The driver has reason(s) to suspect the validity of the card

INFORMATION REQUIRED FOR ACCEPTANCE OF DEBIT ANDOR CREDIT CARD SLIP FOR PAYMENT The completed Credit Card slip must contain all the following information

(a) Vehicle Number (pre-printed on POS slip if not to be written by hand at the bottom of the slip)

(b) Drivers ID Number and Initials (c) Amount of fare and gratuity (if applicable) (d) Authorization number (Pre-printed on POS slip) (e) Date of the fare (Pre-printed on POS slip) (f) The Debit or Credit Card must be swiped at all times (in the event that the

receipt does not print imprinting Credit Card only on manual imprinter is acceptable with customers signature but the imprint of the card number has to be clear) In the case of a swiped transaction part of the card number will display per Credit and Debit Card industry rules

(g) Customers signature clearly written (Credit Card only) marked TRANSACTION COPY We will accept the CUSTOMER COPY as long as it has the customers signature Debit POS slips are to be submitted marked TRANSACTION COPY NO SIGNATURE IS REQUIRED

Collective Agreement laquoCompanyraquo Page49

DISPUTES BY A CUSTOMER

Should a debit or credit card slip be disputed by the customer their bank or other financial institution the company will investigate If such investigation proves fraud or error by the driver the driver will be charged back for the full amount of the charge

If the disputed transaction was processed on a non-company unit a $500 plus HST charge plus the value of the charge will be debited to the drivers account The Company will refund the customer for the value of the charge

Should a customer andor driver report that the charge has been approved more than once the Company will investigate The Company does not allow any refunds in the taxicab Drivers can void a transaction but this must be done before Batch Closing the transaction A Void can only be done in the presence of the customer as the card (debit or credit) must be present The driver can then re-swipe the card for the correct amount The Company publishes a toll free number for customers or drivers to call with any concerns about a transaction If a customer has been charged more than once for the incorrect amount the following procedures apply

Credit Card

The Company will verify that the customer was charged multiple times or has been over-charged and issue a refund as necessary The Company will send a copy to the customer upon request All refunds are processed on a Point of Sale unit or Virtual Merchant (on-line) The Company may contact the driver to determine the validity of the customers details

Debit Card

The Company will verify that the customer was charged multiple times or has been overcharged and issue a cheque refund as necessary The Company keeps a copy of the cheque issued

GENERAL INFORMATIONGUIDELINES

1 If the driver has overcharged the customer and has been paid the incorrect amount the Company will adjust the drivers account and provide a receipt The Company maintains a log in the even there is a dispute by the driver or the customer If the driver reports the overcharge that is logged on a Customer Incident Form which has a Control Number

2 Hand written Credit Cards will not be accepted All Credit Cards must be passed through a manual imprinter which clearly shows the full credit card number If the credit card number is not clear and cannot be authorized

Collective Agreement laquoCompany Page 50

the driver will face debitchargeback of the amount as it cannot be authorized

3 The only Credit Cards accepted by Taxitab a division of Coventry Connections Inc are

i Visa ii Mastercard iii American Express

Note Visa Mastercard and American Express all issue prepaid credit cards these are all accepted

4 Taxitab a Division of Coventry Connections accepts Debit Cards for Canadian Financial Institutions Debit Cards for foreign banks may not

work on the unit Visa Mastercard have commenced issuing Debit Cards these are all accepted These cards are clearly marked on the face of the card with the Visa and Mastercard logos

5 The following items are to be checkedverified by the driver upon presentation of a Credit Car (a to d) Debit Card (d only)

CHECK LIST

(a) Expiry Date Ensure the card is valid Check to be sure that the Card is not being used beyond the expiry date printed on the card If the card is expired refuse to accept it

(b) Altered Cards Check to see if the card has been noticeably altered in any way If it has been refuse to accept it

(c) Card holders name and signature Check that the signature on the Credit Card slip is the same name printed on the card At the same time check that the signature is the same as the signature on the rear of the card If there is no signature on the rear of the card ask the customer to sign it as you are required to check this

If in doubt ask to see some other form of identification (preferably one with a picture and signature) that ensures that the person using the card is who they say they are

(d) Amount of fare and gratuity (if applicable) The amount of the Debit or Credit card slip must be equal to the amount of the fare and the gratuity (where applicable) Each amount should be entered in their respective places and only by the customer unless otherwise directed In the case of a Debit Card customer must always enter their PIN number to

Collective Agreement ltbullCompany Page 51

authorize the card Drivers must remind customer that the TIP field comes first followed by the PIN number

(e) $150 Surcharge

Debit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated by the City of Ottawa By-Law The $150 charge is prompted by the point of sale unit automatically The Driver receives 65cent of the $150 for every transaction

Credit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated in the City of Ottawa By-Law The $150 charge is NOT prompted by the point of sale unit automatically The driver adds the $150 to the metered amount and enters this total in the base amount field

6 CAUTIONS

7

(a)

(b)

(c)

Bank Card only have the Bank name on the card

Credit Cards are identified by the VISA MASTERCARD AMERICAN EXPRESS OR DINERS CLUB-ENROUTE symbols Only Cards with these symbols will be accepted

Credit Cards will have a holographic image on the face of the card

CASH ADVANCES

The use of Credit Cards for cash advances in the taxicab is not permitted Credit Cards must only be used in the taxicab for paying for an actual fare Anyone using a Credit Card in a taxicab to obtain cash advance is most likely using a stolen or fraudulent card

8 OUT OF TOWN FARES

For the drivers protection it is suggested that for fares going out of town and the customer wishes to pay by Credit Card it is recommended that the driver authorize the fare at the beginning of the trip (dispatcher can give an estimated amount) If there is a difference process the difference at the end of the trip There is a pre-authorization feature available for Credit Card only on the Point of Sale unit The Company can activate this on driver request but the driver must be

Collective Agreement ccCompany)) Page 52

bull

9

given correct training for this There are several steps involved with pre-authorization that must be followed before batch closing

BATCH CLOSING

Drivers must close transaction in the terminals at the end of their shift Credit Card authorizations only remain in the terminal for five (5) days after that the processor closes them automatically Drivers must batch close all credit cards no later than four (4) days in order for the items to appear on the batch close report

Batch Close reports will print separately for Debit and Credit Cards and list the details of the transactions in the terminals showing the card type and the last four (4) digits of the card involved This Batch close cannot be reprinted drivers must hold on to them Attach the slips to the Batch Close and bring to the cashier The cashier will verify the attached slips are on the batch close and proceed to pay or credit the driver assuming all slips are authorized and complete (as discussed above under (1) Authorization Procedures)

The following circumstances regarding Batch Closes will apply

(i) Batch Close with All Debit and Signed Credit Card slips- Driver will be paid or credited at time of presentation at a cashiering station

(ii) Batch Close- No Debit Slips if the batch close shows a Debit Slip and the driver has misplaced or lost the slip the Driver will be paid or credited at the time of presentation at a cashiering station

(iii) Batch Close No Credit Card Slip- No Slip No Payment at time of cashiering (driver is to go to Driver Admin in this instance) If the driver has a signed manual slip and the last 4 numbers of the card match those on the batch close the slip will be accepted by the cashier

NO BATCH CLOSE REPORT -If a Driver has lost or misplaced Batch Close report the Driver is to go straight to Driver Admin (not cashiering) The Driver is to bring the receipts (if there is a credit card slip with no signature there is a separate procedure for this below) he has for which he has not batch close Driver Admin will initiate a Batch Close Incident Report which has a Control Number for future reference The Procedure is as follows

(i) Driver Admin to Photocopy all Slips and write the Control from the Batch Close Incident Form on the photocopy and date the sheet The

Collective Agreement ccCompanyraquo Page 53

bull

bull

Driver is to keep this in the event of a dispute or apparent nonshypayment in account

(ii) Driver Admin will complete the top copy of the report attach a copy of the slips The Driver will complete the bottom part of the report and sign it

(iii) Management will need 72 hours (three business days) from the date of Incident Report to investigate the transaction has been settled in the POS unit

(iv) Providing Management confirms the transaction is complete the slips will be credited to the Drivers account and a receipt will be printed A copy of the receipt is attached to the Batch Close Incident Report The Control from the Form is entered when the the amount is credited for reference A receipt can be printed at that time by cashier

(v) In the event that a driver does not have a Batch Close and presents a credit card slip with no signature the following will apply

(vi) If the Driver experiences a problem with the Batch Close or operation of the unit the Driver is to bring the unit to the office during normal hours Management will investigate the issue and call Driver to reshyissue the unit completing paperwork for the replacement unit which the driver will sign

Any driver attempting to defraud a customer by processing a debit or credit slip more than once will be terminated

Collective Agreement laquoCompany)) Page 54

bull

bull

SCHEDULE E STOLEN FARE POLICY

Whenever the Dispatch Supervisor receives a complaint that a fare either dispatched to the complainant or from within the same block of taxi standconcession on which the complainant is parked has been stolen and the identification of the accused is made known the Supervisor shall

(a) Bring the accused to voice and notify himher of the allegations

(b) Inform the complainant that a deposit of forty dollars ($4000) must accompany his accusation and to be deposited within one (1) hour of the complaint Where applicable inform the complainant that the accused wishes to challenge the allegations and the date and time of the hearing shall be known to both parties

(c) A failure of either party to attend the hearing will result in an additional fine of forty dollars ($4000) to be paid within sixty (60) minutes of the conclusion of the hearing or a suspension ob the absent party until payment is received

(d) Inform the accused of the available options

(i) Arrange for repayment of the fare in its entirety to a minimum of forty dollars ($4000) to the complainant a Union representative or the Company on behalf of the complainant within sixty (60) minutes or

(ii) If the allegation is being denied and the accused wishes to refute it forty dollars ($4000) must be deposited at the dispatch office within sixty (60) minutes with a notification to the Dispatch Supervisor that the allegation is being challenged

Where the accused fails to respond to two (2) voice messages or refuses to comply with (c) the accused shall have dispatch services suspended until in compliance or the Company receives instructions from a Union Representative to do otherwise

The penalty for a wrongful accusation is the payment of forty dollars ($4000) to the accused by the accuser in addition to the return of the accuseds deposited payment

It is understood and agreed that the action(s) of the Dispatch Supervisor(s) in the compliance of this Policy is not to be construed as a determination of who is the guilty party In all disputes regarding stolen fares the Committee shall make the final determination with respect to guilt

Collective Agreement laquoCompany Page 55

bull

bull

Note Such fare(s) will not be considered as Stolen Fare(s) if picked up by driver(s) arriving on the Concession(s)Taxi Stand(s) prior the driver(s) who accepted the dispatched fare(s)

Collective Agreement ((Company Page 56

bull bull

APPENDIX 1

PLATE CAR LESSEE IND START LESSEE START

1 1027 5027 ADAM GRANT 1 91111986 111987

2 1015 5015 TIMS VAUGHN 411995 411995

3 1043 5043 MARTON FERENC G 10251995 10251995

4 1050 5050 DUBOIS JOHN 12111994 311996

5 1048 5048 SUNIL JOSHI 1111994 711996

6 1030 5030 SLIM MOHAMED 711996 7111996

7 1041 5041 JAMALEDDINE ZAHER 911996 911996

8 1040 5040 MAHEUX FRANK 11151996 181997

9 1109 1 5109 ASTLEY JAMES 1011994 1131997

10 1045 5045 MELHEM SAMIR 1211996 9211997

11 1028 5028 LABINE ANTHONY 10151980 11281997

12 1054 5054 ELmiddotNEMER NEMER 11131997 21271998

13 1113 5113 WEAGANT BROCK C 82211988 3131998

i

14 1039 5039 SOBH HAC HEM 11171997 5111998

15 1044 1 5044 MOUFARREJ RAYMOND 10241996 1161998

16 1042 5042 MCCONVILLE BILL 311992 11111998

17 1107 5107 GIANNAKOS LOUIS I 9111997 491999

18 1026 5026 VERMA LALIT 51261996 5311999

19 1033 5033 MITCHELL BRUCE 111987 9301999

i

20 1108 5108 PAPPAS CHRISTINE 121111991 1041999

rmiddot 1014 5014 NYTRA BEDRICH 961996 3302000

22 1000 5000 ABOUmiddotARRAG SAM I 611997 7132000

23 1038 5038 MUNROE JOHN 1111977 492001

24 1022 5022 RADULESCU GELU 611999 5232002

25 1139 5139 HASSOUN I MOUFID 71211999 8152002

26 1006 5006 SADER I GHASSAN 6211999 292004

27 1029 5029 CLAYTON GREG 911980 21132004

Collective Agreement ccCompany Page 57

bull

28 1034 5034 IBRAHIM 12301995 4302004

29 1037 5037 ABDALLA HASSAN I 3312000 2202006

30 1010 5010 HASSOUN AD NAN 8272001 312006

31 1031 MASSOUD 1241998 312006

32 1 1o35 5035 JANCO 911992 362006

1 33 1036 5036 SINGH BALWANT 92211999 3172006

Collective Agreement ltltCompanyraquo Page 58

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 30: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

ARTICLE 22 TAXI PLATE SALES

2201 1 Members of the Owners Group shall be able to sell plate(s) in the following manner

2202

(a) A notice of its intent to sell plate(s) shall be posted and announced over the dispatch system for a period of three (3) days and shall be offered to the lessees and rental drivers in the bargaining unit

(b) Where there is more than one interested applicant the plate(s) shall be offered based on seniority and plates sold shall be the plate of the most junior lesseedriver

Where the sale will result in the layoff of a driver that driver shall be recalled prior to any new hires by all Members of the Owners Group

2 Where there are no applicants the Member of the Owners Group will sell the last leased plate at their discretion Any driver laid off shall be recalled prior to any new hires by all members of the Owners Group

3 Sale of More Than One Plate at One Time

4

5

The Owners Group has the right to sell to whomever they choose provided that no one is displaced

In the event that the most junior lessee is displaced as a result of the sale of the plate the Company agrees to pay to the displaced lessee no more than fifty-five thousand dollars ($5500000) in the first year of this Agreement and according to the succession plan as outlined in article 23 for the following years of this Agreement This would apply only if the said lessee has complied with the succession plan as per article 23

An individual Member of the Owners Group shall not require any of his drivers to give up their rights under this Agreement and work under another roof sign without the drivers written consent given before a Notary Public for Ontario The Union shall be supplied with copies of the consents

In the case where a Member of the Owners Group is leasing a taxi plate and the Member of the Owners Group has a car under this plate and this vehicle is then rented out on a 12 or 24 hour rental this article then does not apply The Owners Group cannot be held responsible for any damage or compensation that may arise from the actions taken by the 3rd party

Collective Agreement laquoCompanyraquo Page28

2301

2302

2303

1

2

3

4

ARTICLE 23 SUCCESSION AND TAXI PLATE LEASES

Definition

The process by which the lessee of a Company-owned taxi license plate having determined that heshe wishes to retire andor otherwise terminate hisher relationship with the Company and having officially notified in writing both the Union and the Company of hisher intention to do so offers the opportunity to hisher driver to be the lessees successor all in accordance with the conditions sot out in this Article

In order to be eligible to offer a lease for succession the lessee must have been a party to a valid taxi plate Leasing Agreement with the Company for a minimum of one (1) year and have two (2) years of continuous uninterrupted service operating a taxi vehicle under the Companys roof sign The lessee must also be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

In order to qualify as a successor the driver must be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

An offer for succession shall follow the following order

No offer for succession can be made until the day after the final version of the seniority list as outlined in Appendix 2 has been agreed upon and signed-off by the Parties

The lessee must notify the Company and the Union in writing of hisher intention to exercise the option of succession and the projected date of the succession

The taxi plate lease shall be offered to the lessees current driver (if any) who shall have thirty (30) days to reject or accept the succession

If the offer is rejected or thirty (30) days have passed since the offer was made the taxi plate lease shall be offered to the drivers who are not single plate lessees (SPL) or a single plate owner (SPO) on the seniority list who shall have thirty (30) days to reject or accept the succession

Collective Agreement ltltCompanygtgt Page29

5

6

2304

2305

2306

2307

2308

2309

The most senior driver on the seniority list (who is not a single plate lessee-SPL or single plate owner-S PO) who accepts the succession shall be the successful incumbent lessee

In the event that no driver accepts the succession the lessee may ask that his request for succession be held in abeyance until such time as an incumbent lessee is found or may retire andor otherwise terminate hisher relationship with the Company at the time of hisher choosing In the event that the lessee retires andor terminates hisher employment relationship the taxi plate shall be returned to the Company and assigned to the next senior eligible driver as per the Companys past practice

The succession shall be valued at no more and no less than fifty-five thousand dollars ($5500000) except as modified as per sub-Article 2308 The driver (incumbent lessee) shall pay to the lessee the full value of the succession fee within sixty (60) days of the date of acceptance of the offer Once the driver has paid the succession fee the driver becomes a single plate lessee for the purposes of this Collective Agreement and will assume all rights duties responsibilities and obligations of a single plate lessee as set out in this Collective Agreement

The Parties agree that any monies or other considerations paid to a lessee at any time other than the time set out in sub-Article 2304 above shall not be counted towards the succession fee

The amount of $300000 (plus HST if applicable) shall be paid to the Company as a consulting fee by the incumbent lessee no later than the day before the day the incumbent lessee becomes a single plate lessee for the purposes of this Collective Agreement

Any lessee who exercises the succession option voluntarily terminates hisher employment with the Company and loses all seniority A driver who wishes to subsequently be rehired by the Company as a driver shall be placed at the bottom of the seniority list The driver will be eligible to become a lessee two (2) years from the date of hisher rehiring

The amount set out in sub-Article 2304 shall be increased annually on the date of the plate and stand rent increases set out in Article 27 of this Collective Agreement The annual increase shall be the same as the average of the percentage increase in the plate rent and the stand rent for that year

In the event of the death of a lessee and provided the lessee is up to date with all payments to the Company and has no outstanding amounts owing to the Company whatsoever the lessees estate shall have up to six (6) months from the date of death to exercise the option of succession

Collective Agreement laquoCompanybullbull Page 30

2310

2311

(a)

(b)

(c)

2312

Leasing agreements must be entered into provided they do not conflict with the terms of this Agreement

Without limiting the generality of 2310 in any way whatsoever a leasing agreement shall contain the following provisions

The lease shall terminate automatically for failure to fuHill any term of the lease including but not limited to failure by the lessee to fulfill any financial obligation or failure by the lessee to obtain replacement insurance in the event of cancellation of insurance

The lessee shall be the principal driver of the taxi vehicle which is attached to the taxi license plate

This Collective Agreement between the parties shall be the entire agreement and there shall be no other fee condition or other obligation except those set out in the Collective Agreement

All leased plates shall remain as such and shall not be converted to rental vehicles for the duration of this Agreement provided there are persons willing to leased said plates

ARTICLE 24 GRIEVANCE PROCEDURE

2401 A grievance shall include any issue regarding the interpretation administration application or alleged violation of this agreement It is the mutual desire of the parties that complaints of the drivers be adjusted as quickly as possible To that end the parties have adopted the following grievance procedure

STEP 1 A driver may bring his complaint to the Supervisor of the Members of the Owners Group If the driver does bring his complaint to the Supervisor he must do so within twenty (20) days of the incident or of he having knowledge of this incident giving rise to the complaint Where the complaint is brought forward it must be given to the Supervisor and the Supervisor shall reply within two (2) working days

STEP 2 Failing settlement of the complaint at Step 1 or where the driver has chosen not to avail himself of Step 1 the driver must file the grievance in writing within twenty (20) days of the incident or omiddotf he having knowledge of this incident giving rise to the grievance The grievance must be referred to the Member of the Owners Group claimed to be responsible andor any other person designated by the Member of the Owners Group Grievances shall be dealt with at the Step 2 meeting which shall be scheduled on the 3rd Wednesday of every month This monthly Step 2

Collective Agreement ccCompanyraquo Page 31

meeting shall be one meeting held at the Companys office Where the grievance involves the discharge of a driver the parties agree to meet within ten (1 0) working days of the filing of the grievance A representative of the Union shall be present at all step 2 meetings The Member of the Owners Group must respond within three (3) working days of the meeting

2402 Should a group grievance or a Union or policy grievance develop it shall be filed at Step 2 within twenty-five (25) days of the incident giving rise to the grievance or of the drivers or Union having knowledge of this incident

2403 Failing settlement under the above the matter in dispute may be taken to arbitration in accordance with article 26

2404 Drivers employed by single plate owners and single plate lessees may not grieve matters or disputes arising between the driver and the single plate owner or single plate lessee A committee shall be set up and made up of equal numbers of Uniondriver and Company personnel to assist in resolving disputes between the drivers and single plate owner and single plate lessee The committee shall have the power to determine a procedure to be followed as well as to determine fault and penalties

ARTICLE 25 ARBIrRATION

2501 After exhausting the provisions of the grievance procedure either of the parties may submit a grievance to arbitration either expedited or formal in writing within thirty (30) days of the Step 2 reply or if there is no reply within thirty (30) days after the expiration of the time limits to provide a reply

2502 Unless otherwise mutually agreed by the parties all grievances referred to arbitration not relating to an indefinite suspension a discharge or any separation of employment or to the interpretation of the collective agreement group grievances and policy grievances shall be referred to the expedited process

Grievances referred to arbitration in respect of indefinite suspensions discharge or separation of employment for any reason or to the interpretation of the collective agreement and group grievances may only be referred to this expedited process by the mutual agreement of the parties

2503 Within fourteen (14) days after notice has been given that the grievance will proceed to formal arbitration the parties shall meet and agree on a single arbitrator If the parties cannot agree on an arbitrator within this time limit either party may request the Minister of Labour to appoint an

Collective Agreement laquoCompanyraquo Page32

arbitrator and this appointment shall be binding on both parties In respect of the cost of arbitration of formal grievances the parties shall share equally the fee and expenses of the sole arbitrator

2504 The formal arbitrator shall have the right to exercise all the powers provided by the Labour Relations Act as amended from time to time

2505 The Arbitrator must hand down a written decision within sixty (60) days of the date of the hearing

2506 As an alternative to the formal arbitration process set out in the foregoing paragraphs a grievance may be referred to a previously agreed-upon person who shall hear the grievance and who shall at the conclusion of the hearing give a decision immediately Such decisions may not be used to alter modify or amend any part of the collective agreement and are made without precedent or prejudice to similar or like cases Such a decision shall be final and binding upon both parties and no further action may be taken on that grievance by any means whatsoever

2507 To maintain the efficiency of this expedited process the parties shall schedule a minimum of one (1) day of arbitration every three- (3) months except in those circumstances where either party deems it necessary to schedule the arbitrator more frequently

2508 The parties shall share equally the fee and expenses of the persons selected to hear the expedited arbitration cases

2509 At all expedited arbitration hearings the Company or Member of the Owners Group shall be represented by a member of their management and the Union shall be represented by a Union staff representative or an officersteward of the Local Union

2510 The Union shall forward to the representative of the Member of the Owners Group a list of the expedited grievances to be heard on the day or days scheduled for the hearing of grievances according to the expedited arbitration procedure The aforementioned list shall be forwarded to the representative of the Member of the Owners Group no later than ten (10) working days in advance of the hearing unless otherwise mutually agreed

2511 By exception a party may call one (1) witness at an expedited arbitration

2512 Prior to proceeding to formal or expedited arbitration and at least thirty (30) days prior to the date of arbitration the parties may upon mutually agreement request that any grievance be referred to a mediator to act as a grievance mediation officer for the purpose of attempting to

Collective Agreement laquoCompanyraquo Page33

mediate a settlement of the grievance The parties shall share equally the fee and expenses of this officer

ARTICLE 26 TAXI PACKAGE

2601 The employer shall provide to the rental driver at no extra cost motor vehicle insurance with a collision provision deductible not exceeding $50000 for each accident at fault

The Owners Group shall also provide to the rental driver at no extra cost comprehensive coverage with zero (0) deductible including but not limited to fire and theft It is agreed and understood that comprehensive coverage does not cover driver added equipment

2602 Each rental driver shall be supplied for a daily twelve (12) or twenty-four (24) hour period at no extra cost a roadworthy safe sedan four (4) door taxicab with proper weather resistant tires for all seasons and with a seating capacity for not less than four (4) passengers containing

2701

2702

2703

1 A roof sign 2 A sealed taxi meter 3 A two-way radio 4 A full size spare tire subject to space limitations 5 A tire tool 6 A jack 7 A mike clip 8 A full tank of gas at start date 9 Air conditioning on replacement vehicle where possible 10 An electric rear window defroster or blower

Any equipment owned by the Owners Group that becomes inoperative shall be repaired as soon as possible

ARTICLE 27 RENTAL CHARGES AND TERMS OF AGREEMENT

This agreement shall take effect upon ratification and be binding on both parties for three (3) years and shall continue for annual periods of one year each unless either party gives at least one hundred and twenty (120) days notice that it wishes to amend this agreement

It is agreed and understood that this agreement will remain in full force and effect until amended by negotiations

Rates shall be as follows

Collective Agreement laquoCompanyn Page 34

712011 712012 712013

Stand Rent (monthly) $43900 $45000 $45900

Plate Rent (monthly) $71926 $75000 $75960

Daily Car Rental 24 hr Regular Plated $9700 $9700 $9700

24 hr Accessible Plated $10500 $10500 $10500 12 hr Regular Plated $6700 $ 6700 $6700

12 hr Accessible Plated middot $8300 $8300 $8300

Credit Card Transaction 50 50 50

Debit Card (per) Transaction $065 $065 $065 (To the Driver)

POS Rental Fee (monthly) $800 $800 $800

POS Insurance (monthly) $300 $300 $300

Note The above rates do not include HST

Note For purposes of car rental rates the weekly rents shall be six (6) times the daily rent

Note It is recommended that drivers use Company supplied POS machines and systems

2704 Employees shall pay all monies owed to the Company in the following manner Monthly By the 5th business day of the month

2705 Any employee failing to pay monies by the above dates and times shall be suspended and not reinstated until the monies are paid in full and credited to their account

2706 Employees shall be entitled to pay their rents to the company by company approved charges cash and cheque - provided the employee has at least one (1) year of seniority

Employee(s) who have one (1) cheque returned NSF shall be suspended immediately upon the company receiving notification from the

Collective Agreement ((Company Page35

bank shall lose such privilege for twelve (12) months and shall be charged the appropriate charges

ARriCLE 28 GENERAL

2801 The Company and drivers shall maintain its internal company charge system and accept major credit cards which currently include Visa Mastercard American Express and Diners Cluben Route as approved by the Company

2802

2803

2804

2805

2806

2807

This system shall continue for the duration of this Agreement so long as external factors outside the Companys control do not prevent the Company from doing so Drivers shall be entitled to cash their charges provided they do not have any outstanding balances at the offices of the Company during the hours of 0830am to 400pm Monday to Friday except holidays The Company shall make available to the employees during normal business office hours receipt cards and credit card slips All credit card charges must be authorized

Drivers shall pay a fee of five (5) of all credit card charges that they redeem

Except as otherwise provided in this agreement all passengers shall be treated in a polite professional courteous and businesslike manner at all times by both the Owners Group and the employees

If requested a properly signed receipt shall be furnished by the owner for all payments made by the driver (If requested said receipt shall show a breakdown of all payments made by the driver and the dates for which they apply) For the purposes of this clause a numbered computer receipt shall be deemed to be signed

The employees who own their own vehicles whether or not they own their own license shall have absolute choice as to where their vehicle is to be repaired andor maintained

No employee either full-time or part-time shall abuse or mistreat any vehicle or equipment (ie roof sign radios meters and aerials)

The Owners Group agrees to work with the Union to lobby the City of Ottawa to allocate stands where necessary and appropriate

The Company agrees to provide the Union with the rules covering the stands controlled by concession agreements

Collective Agreement ccCompanyraquo Page 36

bull

2808 Subject to the provision of adequate insurance coverage all car owners shall be free to place a second driver or a third driver on their vehicles should they require without interference from the Company

2809

2810

2811

2812

2813

2814

In the event the Company refuses an individual employment as a second driver or as a third driver the Company agrees that such refusal may be the subject of a grievance and the onus of proof shall rest with the Company to show just cause for such refusal

The parties agree that no vehicle will have more than three (3) drivers at any one (1) time

The Company shall take reasonable steps to maintain all current concession agreements for the duration of this agreement The Company shall take all reasonable steps to obtain additional concession agreements

The Company shall have a phone line separate from the dispatch office so that drivers business people friends of the office staff may call through middot without having to tie up the dispatchers time The separate phone line may be used by the dispatch office during non-business hours

Time-off without rental fees or loss of seniority will be given to those members of the bargaining unit who are called for jury duty Rental driver(s) must park their rental vehicle(s) at the Companys premises should the jury duty go beyond three (3) days

The Company shall maintain a drivers waiting area As well the Company shall allow the drivers to use the telephone in the office for local calls only pursuant to the current past practice

In the event of an assessment to the CompanyOwners Group by WSIB in relation to the provision of WSIB benefits for the Bargaining unit personnel the CompanyOwners group and the Union agree to renegotiate in good faith the rates set out in Article 2703 Where the parties fail to reach agreement on the issue the matter shall be referred to an arbitrator for full and final settlement

When a customer complaint is received by the dispatcher the latter will advise the customer that an authorized representative of the Company will handle the complaint in an expeditious manner Upon request by the Union the Company shall provide a copy of the computer printout and all other relevant information including but not limited to any taped conversation related to the complaint being investigated The privacy of the customer is paramount and will at all times be respected

Collective Agreement ccCompanybullbull Page 37

2901 (a)

(b)

ARriCLE 29 BEREAVEMENT LEAVE

The Members of the Owners Group agree to grant affected employee(s) the necessary time off of up to four (4) days without fees at the time of death of the following relative(s) of said employee(s) father mother spouse (includes common-law) child brother sister mother andor fathershyin-law

The Members of the Owners Group further agree to grant to affected employees two (2) days without fees at the time of death of the following relatives of the employee sister andor brother-in-law and grandparent

ARTICLE 30 SOCIAL JUSTICE FUND

3001 The Company shall pay to the Union an amount of eight hundred ($80000) dollars per collective agreement year with such amounts being made payable to the CAW Social Justice Fund Inc Said amounts shall be paid by separate cheque by the last day of February in each year of this collective agreement A tax receipt shall be supplied to the Company on receipt of said amount

ARTICLE 31 SAFETY BANQUET

3101 The Company agrees to contribute seven hundred and fifty dollars ($75000) to the Unions annual Safety Banquet in each year of the Collective Agreement

SIGNED THIS DAY OF APRIL 15 2012

FORTH~

~~

Collective Agreement laquoCompanyraquo Page38

Collective Agreement laquoCompanyraquo Page39

SCHEDULE 11 A 11 LIST OF THE OWNERS GROUP

Coventry Connections Inc

Collective Agreement ccCompanyraquo Page40

SCHEDULE nan EXISTING CUSTOMS RIGHTS AND PRIVILEGES

1 There shall be no charge for the receipt cards

2 There shall be no charge for credit card vouchers subject to suppliers (third party) availability and conditions Should the Company pursue a course of action leading to Point of Sale terminals which usage will include Debit transactions Decremental Cards and Credit Cards there would be a charge for paper usage

3 The drivers shall choose their own working hours during their shift

4 Reasonable accommodation shall be given to payment of outstanding debts for accident(s) The following minimum payments are required

A) Up to $1 00000 - $ 1 000 per day

B) Over $100000- $2000 per day

Agreed to on the understanding that this does not apply to spare cars

Collective Agreement laquoCompanyraquo Page 41

SCHEDULE C RULES AND REGULATIONS

1 The following articles of clothing are not acceptable forms of attire at OJS

(a) Sweat pants and shorts except for dress shorts Dress shorts will be allowed from April to Labour Day Drivers caught wearing inappropriate shorts will be given one (1) warning and any future occurrence with regards to inappropriate shorts will cause them to lose the right to wear dress shorts for the duration of that season Shorts can be no shorter than three (3) inches above the knees

(b) T-shirts (except Union decaled T-shirt) without lapels tank tops and muscle s1middot1irts

NB Clothing andor other attire with obscenities profanities or sexually degrading remarks are not acceptable Hair must be clean and neat Faces must be clean-shaven or beards neatly trimmed Clothing must be tear and rip free with no visible patches and is to be cleaned and ironed as required Socks must be worn at all times with all types of footwear except for sandals

2 Drivers must be courteous and pleasant at all times and must conduct themselves in a professional business-like manner

3 There is to be no abusive foul language or gestures directed at customers or the general public

4 Consumption of alcohol or drugs will not be tolerated prior to the commencement of a shift andor while driving

5 There wiil be no arguing and fighting among drivers or other DJs personnel under any circumstances

6 No playing of cards or any other games of chance is allowed at any time when working This includes any form of gambling or betting on the air

7 Profanity or abusive language on the air or in your vehicle is prohibited at all times

8 Use of cell phone during the conveyance of a customer(s) is prohibited

9 Each taxicab and driver shall carry at all times a current street guide Drivers are to make proper use of this guide to avoid unnecessary air time

Collective Agreement ccCompanyraquo Page42

10 Deliveries are to be taken directly to the destination Running other fares while occupied on deliveries will not be permitted unless approved by the dispatcher

11 No messages between drivers are permitted Drivers will receive messages to call home spouse office union office partner or garage

In addition When an authorized Union rep asks the dispatcher to have a member of the bargaining unit call them for union business only this will be allowed and if necessary a phone number will be given

12 Picking up a fare while on the way to an accepted dispatch call will not be permitted

13 Drivers must allow 5 minutes wait at the customers pick-up address

14 Drivers shall take reasonable steps to ensure that they pickup only those fares that they are dispatched to Drivers must check with dispatcher for authorization before taking another fare from same address

15 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical breakdown emergency or any other reason(s) not herein listed the dispatcher shall reshydispatch the fare and suspend the driver for one (1) hour

16 Interference or jamming of the radio is a Federal offence and will not be tolerated

17 When necessary drivers must assist customers with handling of baggage and opening and closing of doors

18 No complaining to customers about short fares or time calls A list of regular short fares will be established and such fares shall be dispatched as Locals

19 At customers request music radio and other sound systems except for the twoshyway radio must be turned off

20 Driver must issue a receipt card upon request by customer Drivers signature must be clearly marked in the appropriate place on the receipt card There is no charge for the issuance of a receipt card

21 No new driver is to commence work until he has been briefed by OJS staff in the operating of our charge account system

22 Some of the guidelines in the operation of our charge account system are as follows

Collective Agreement laquoCompanyraquo Page43

(a) All charges are to be signed with car number (eg-DJ70) and date clearly written

(b) If the fare goes to more than one destination these other destinations are to be clearly marked on the reverse side of the chit

(c) Taxi chits to be signed by the customer and dollar value to be clearly marked

(d) Gift certificates which currently have a maximum value of $500 each are to be accepted at face value and change given as required

(e) Drivers must note on back of chit the drop offpick up address if it is different from address shown on face of chit

Drivers are prohibited from buying other drivers charges whether they be DJS drivers or other cab Companys charges Violation of this rule shall result in the following fines

1st offence -2d offence bull 3rd and subsequent offences-

$5000 per chit $10000 per chit $20000 per chit

plus the face value of each chitCredit Card in all cases

The parties agree that the above penalties are specific penalties within the meaning of the Ontario Labour Relations Act An Arbitrator shall not have the power to alter or modify any penalty imposed under this clause

(f) Drivers must accept all major credit cards approved by OJS Taxi

(g) Drivers are responsible for ensuring that all necessary information is clearly marked on charge vouchers as follows

bull Customers name and signature bull Card number (correct number of digits) bull Expiry date bull Drivers signature and car number (eg-DJ70) bull Ensure proper copies of charges are submitted to the Company for

processing bull No hand written major credit card sales drafts will be accepted

23 All cars are to be cleaned inside and out by 1000 am every day with due regard given to road and weather conditions

Collective Agreement Page44

24 All drivers must ensure that they have change for $2000 at all times and will not be removed from the sheet while getting change provided they are not called

25 No taxicab driver shall charge a passenger for

(a) The cost of proceeding to an establishment for change or

(b) Waiting time while a passenger obtains the change provided the bill presented for payment is of $2000 denomination or less

26 No vehicle to be left unattended with keys in the ignition

27 No person(s) unless authorized by the Company shall accompany the driver in the vehicle while heshe is occupied with a paying fare

28 Taxis must not be left unattended on a OJS taxi concession stand for more than ten (1 0) minutes

29 Only au~horized drivers with valid licenses can operate a taxi-licensed vehicle

30 Roof sign must be removed from vehicle when not on duty or involved in an accident

31 ALL DRIVERS ARE ADVISED THAT IT IS AGAINST THE LAW AND OJS TAXI COMPANY LIMITED POLICY TO REFUSE DOG GUIDES IN THEIR CABS REFUSAL WILL RESULT IN FINES AND DISCIPLINARY ACTION BY THE COMPANY

1st offence - 1 week suspension 2nd offence - 2 weeks suspension

3rd offence - Dismissal No longer working under the OJS roof sign

Accommodating Persons with Disabilities

The Management of OJS Taxi wishes to advise all its employees drivers and others operating under the OJS Taxi roof sign of the OJS Taxi policy with respect to blind passengers whether or not they use dog guides

Under the Blind Persons Rights Act of Ontario no person may either deny any person services customarily available to the public or discriminate against any person with respect to services available to the public for the reason that they are a blind person accompanied by a dog guide

Under the Ontario Human Rights Code every person has a right to equal treatment with respect to the supply of services which includes taxi services

Collective Agreement laquoCompanyraquo Page45

bull

without discrimination because of among other things a disability A disability includes any physical impairment such as being blind visually impaired deaf or hard of hearing

Guide Dogs and Taxi Services Many disabled persons are physically dependent on guide animals in their daily activities Canadians who are blind or visually impaired deaf or hard of hearing or who have other types of disabilities such as epilepsy are dependent on guide animals

Accommodation of these individuals necessitates that they be permitted to take their guide animals with them into taxi cabs Refusing to allow them to do so will infringe on their human rights and is against the Blind Persons Rights Act of Ontario and the Ontario Human Rights Code

This notice will simply repeat what should be apparent to you all that if a blind person with or without a dog guide is refused services by any OJS Taxi driver such actions will result in fines to the driver and other disciplinary action including the possibility of suspension by the Management of DJs Taxi Co Ltd

For more information regarding guide animals please review the attached pamphlet and information sheet published by Dog Guides Canada

Any inquiries concerning this policy should be directed to any member of the Management who will if it is required explain the policy to you

32 Drivers are not allowed in the dispatch office

33 All parking tickets will be paid by the rental driver responsible

34 In order to boost with Company owned taxicabs employees must request an obtain instruction from the garage manager or his designee on the proper method of boosting in order to reduce any risk of injury to the driver passenger and damage to the vehicle(s)

In the event of misuse employees at their discretion may be either disciplined in accordance with the principle of progressive discipline or have the option of reimbursing the Company for the cost of damaged parts

35 Any driver operating a taxi while his drivers license or taxi license is under suspension will be disciplined unless the driver can obtain written proof from the Ontario Ministry of Transport andor the appropriate taxi licensing authority that the driver did not receive evidence that hisher license was suspended or cancelled

36 When necessary or requested all elderly andor disabled customers are to be assisted in and out of taxicab at all times

Collective Agreement laquoCompanyraquo Page 46

37 No stealing fares

38 Drivers are not allowed to book no loads and run the fare

39 Drivers cannot refuse dispatched fares subject to article 1304 andor where the driver believes his safety or health is at risk

40 Failure to come to voice after two (2) requests by the Dispatch Supervisor will result in the Driver being suspended in the computer

41 Dispatch staff will not make phone calls for drivers unless it is an emergency situation

42 There shall be no personalization of any fares or trips placed through the Dispatch System of OJS Taxi except for returns east of but not including the Civic Hospital within the same twenty-four (24) hour period Where a return-call has been prearranged through the Dispatch System prior to the initial call being dispatched then the return-call cannot be personalized

43 Drivers will pay monies owed to the company by 400pm on the day that they are due No driver with an outstanding balance will be allowed to book on the sheet until their account is paid in full to the business office This means credited to their account and a receipt issued

44 Dispatchers shall give the line-up every thirty- (30) minutes except for the months of December January and February On implementation of the Computerized Dispatch this clause will be eliminated

45 All deliveries shall be given out as regular calls except where provided in this agreement and all employees shall have the option to refuse to deliver alcohol When a dispatcher requests a driver to call him for information concerning a delivery the dispatcher will first give the delivery address over the radio to ensure the delivery is being dispatched correctly

46 When drivers book out of their cars to attend scheduled complaint meeting appointments they shall be allowed to remain in their spot on the line up queue passed by for fares and treated by the dispatch as if they are no longer on the sheet

When the affected driver returns to his car and books back in he shall be returned to his position in the line up queue and given his next rightful fare

The maximum time a driver shall be allowed to book out for a complaint meeting is one half-hour

Collective Agreement laquoCompanyraquo Page 47

This rule shall only apply if the affected driver does not incur any discipline as a result of the complaint meeting

47 All cabs at DJS Taxi must have a mike clip and the clip must be used Drivers must pick up their mike when communicating

48 Drivers using vans as taxicabs must have and make use of (when requested or required) a portable step to assist passengers in and out of their vehicles

49 All taxicabs must be free of any body damage and any damage must be repaired within ninety- (90) days

50 Roof signs must be kept in good working order and condition with Company approved logo clearly visible front and rear

51 In order to ensure equipment is compatible with computer dispatch system all new radio equipment must be approved by the Company prior to installation

Collective Agreement laquoCompanyraquo Page48

SCHEDULE D CREDIT CARD POLICY amp PROCEDURES

DRIVERS MUST ACCEPT ALL COMPANY APPROVED CHARGES CREDIT AND DEBIT CARDS

DRIVERS MUST HAVE A POINT OF SALE UNIT AND A MANUAL PRINTER PER CURRENT BYLAW CITY OF OTTAWA

Due to the increased use of fraudulent Credit Cards by customers in taxicabs the following procedures have been developed to protect drivers from falling victim to Credit card fraud When accepting Credit cards the following rules must be followed

Credit and Debit Cards- the following rules must be followed

AUTHORIZATION OF ALL DEBIT AND CREDIT CARDS

All Credit Card slips must be authorized regardless of amount Verification is generally done after the fare is completed but verification of an estimated or known amount can be done prior to the completion of the trip if

bull The destination is beyond the radio coverage area bull The driver has reason(s) to suspect the validity of the card

INFORMATION REQUIRED FOR ACCEPTANCE OF DEBIT ANDOR CREDIT CARD SLIP FOR PAYMENT The completed Credit Card slip must contain all the following information

(a) Vehicle Number (pre-printed on POS slip if not to be written by hand at the bottom of the slip)

(b) Drivers ID Number and Initials (c) Amount of fare and gratuity (if applicable) (d) Authorization number (Pre-printed on POS slip) (e) Date of the fare (Pre-printed on POS slip) (f) The Debit or Credit Card must be swiped at all times (in the event that the

receipt does not print imprinting Credit Card only on manual imprinter is acceptable with customers signature but the imprint of the card number has to be clear) In the case of a swiped transaction part of the card number will display per Credit and Debit Card industry rules

(g) Customers signature clearly written (Credit Card only) marked TRANSACTION COPY We will accept the CUSTOMER COPY as long as it has the customers signature Debit POS slips are to be submitted marked TRANSACTION COPY NO SIGNATURE IS REQUIRED

Collective Agreement laquoCompanyraquo Page49

DISPUTES BY A CUSTOMER

Should a debit or credit card slip be disputed by the customer their bank or other financial institution the company will investigate If such investigation proves fraud or error by the driver the driver will be charged back for the full amount of the charge

If the disputed transaction was processed on a non-company unit a $500 plus HST charge plus the value of the charge will be debited to the drivers account The Company will refund the customer for the value of the charge

Should a customer andor driver report that the charge has been approved more than once the Company will investigate The Company does not allow any refunds in the taxicab Drivers can void a transaction but this must be done before Batch Closing the transaction A Void can only be done in the presence of the customer as the card (debit or credit) must be present The driver can then re-swipe the card for the correct amount The Company publishes a toll free number for customers or drivers to call with any concerns about a transaction If a customer has been charged more than once for the incorrect amount the following procedures apply

Credit Card

The Company will verify that the customer was charged multiple times or has been over-charged and issue a refund as necessary The Company will send a copy to the customer upon request All refunds are processed on a Point of Sale unit or Virtual Merchant (on-line) The Company may contact the driver to determine the validity of the customers details

Debit Card

The Company will verify that the customer was charged multiple times or has been overcharged and issue a cheque refund as necessary The Company keeps a copy of the cheque issued

GENERAL INFORMATIONGUIDELINES

1 If the driver has overcharged the customer and has been paid the incorrect amount the Company will adjust the drivers account and provide a receipt The Company maintains a log in the even there is a dispute by the driver or the customer If the driver reports the overcharge that is logged on a Customer Incident Form which has a Control Number

2 Hand written Credit Cards will not be accepted All Credit Cards must be passed through a manual imprinter which clearly shows the full credit card number If the credit card number is not clear and cannot be authorized

Collective Agreement laquoCompany Page 50

the driver will face debitchargeback of the amount as it cannot be authorized

3 The only Credit Cards accepted by Taxitab a division of Coventry Connections Inc are

i Visa ii Mastercard iii American Express

Note Visa Mastercard and American Express all issue prepaid credit cards these are all accepted

4 Taxitab a Division of Coventry Connections accepts Debit Cards for Canadian Financial Institutions Debit Cards for foreign banks may not

work on the unit Visa Mastercard have commenced issuing Debit Cards these are all accepted These cards are clearly marked on the face of the card with the Visa and Mastercard logos

5 The following items are to be checkedverified by the driver upon presentation of a Credit Car (a to d) Debit Card (d only)

CHECK LIST

(a) Expiry Date Ensure the card is valid Check to be sure that the Card is not being used beyond the expiry date printed on the card If the card is expired refuse to accept it

(b) Altered Cards Check to see if the card has been noticeably altered in any way If it has been refuse to accept it

(c) Card holders name and signature Check that the signature on the Credit Card slip is the same name printed on the card At the same time check that the signature is the same as the signature on the rear of the card If there is no signature on the rear of the card ask the customer to sign it as you are required to check this

If in doubt ask to see some other form of identification (preferably one with a picture and signature) that ensures that the person using the card is who they say they are

(d) Amount of fare and gratuity (if applicable) The amount of the Debit or Credit card slip must be equal to the amount of the fare and the gratuity (where applicable) Each amount should be entered in their respective places and only by the customer unless otherwise directed In the case of a Debit Card customer must always enter their PIN number to

Collective Agreement ltbullCompany Page 51

authorize the card Drivers must remind customer that the TIP field comes first followed by the PIN number

(e) $150 Surcharge

Debit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated by the City of Ottawa By-Law The $150 charge is prompted by the point of sale unit automatically The Driver receives 65cent of the $150 for every transaction

Credit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated in the City of Ottawa By-Law The $150 charge is NOT prompted by the point of sale unit automatically The driver adds the $150 to the metered amount and enters this total in the base amount field

6 CAUTIONS

7

(a)

(b)

(c)

Bank Card only have the Bank name on the card

Credit Cards are identified by the VISA MASTERCARD AMERICAN EXPRESS OR DINERS CLUB-ENROUTE symbols Only Cards with these symbols will be accepted

Credit Cards will have a holographic image on the face of the card

CASH ADVANCES

The use of Credit Cards for cash advances in the taxicab is not permitted Credit Cards must only be used in the taxicab for paying for an actual fare Anyone using a Credit Card in a taxicab to obtain cash advance is most likely using a stolen or fraudulent card

8 OUT OF TOWN FARES

For the drivers protection it is suggested that for fares going out of town and the customer wishes to pay by Credit Card it is recommended that the driver authorize the fare at the beginning of the trip (dispatcher can give an estimated amount) If there is a difference process the difference at the end of the trip There is a pre-authorization feature available for Credit Card only on the Point of Sale unit The Company can activate this on driver request but the driver must be

Collective Agreement ccCompany)) Page 52

bull

9

given correct training for this There are several steps involved with pre-authorization that must be followed before batch closing

BATCH CLOSING

Drivers must close transaction in the terminals at the end of their shift Credit Card authorizations only remain in the terminal for five (5) days after that the processor closes them automatically Drivers must batch close all credit cards no later than four (4) days in order for the items to appear on the batch close report

Batch Close reports will print separately for Debit and Credit Cards and list the details of the transactions in the terminals showing the card type and the last four (4) digits of the card involved This Batch close cannot be reprinted drivers must hold on to them Attach the slips to the Batch Close and bring to the cashier The cashier will verify the attached slips are on the batch close and proceed to pay or credit the driver assuming all slips are authorized and complete (as discussed above under (1) Authorization Procedures)

The following circumstances regarding Batch Closes will apply

(i) Batch Close with All Debit and Signed Credit Card slips- Driver will be paid or credited at time of presentation at a cashiering station

(ii) Batch Close- No Debit Slips if the batch close shows a Debit Slip and the driver has misplaced or lost the slip the Driver will be paid or credited at the time of presentation at a cashiering station

(iii) Batch Close No Credit Card Slip- No Slip No Payment at time of cashiering (driver is to go to Driver Admin in this instance) If the driver has a signed manual slip and the last 4 numbers of the card match those on the batch close the slip will be accepted by the cashier

NO BATCH CLOSE REPORT -If a Driver has lost or misplaced Batch Close report the Driver is to go straight to Driver Admin (not cashiering) The Driver is to bring the receipts (if there is a credit card slip with no signature there is a separate procedure for this below) he has for which he has not batch close Driver Admin will initiate a Batch Close Incident Report which has a Control Number for future reference The Procedure is as follows

(i) Driver Admin to Photocopy all Slips and write the Control from the Batch Close Incident Form on the photocopy and date the sheet The

Collective Agreement ccCompanyraquo Page 53

bull

bull

Driver is to keep this in the event of a dispute or apparent nonshypayment in account

(ii) Driver Admin will complete the top copy of the report attach a copy of the slips The Driver will complete the bottom part of the report and sign it

(iii) Management will need 72 hours (three business days) from the date of Incident Report to investigate the transaction has been settled in the POS unit

(iv) Providing Management confirms the transaction is complete the slips will be credited to the Drivers account and a receipt will be printed A copy of the receipt is attached to the Batch Close Incident Report The Control from the Form is entered when the the amount is credited for reference A receipt can be printed at that time by cashier

(v) In the event that a driver does not have a Batch Close and presents a credit card slip with no signature the following will apply

(vi) If the Driver experiences a problem with the Batch Close or operation of the unit the Driver is to bring the unit to the office during normal hours Management will investigate the issue and call Driver to reshyissue the unit completing paperwork for the replacement unit which the driver will sign

Any driver attempting to defraud a customer by processing a debit or credit slip more than once will be terminated

Collective Agreement laquoCompany)) Page 54

bull

bull

SCHEDULE E STOLEN FARE POLICY

Whenever the Dispatch Supervisor receives a complaint that a fare either dispatched to the complainant or from within the same block of taxi standconcession on which the complainant is parked has been stolen and the identification of the accused is made known the Supervisor shall

(a) Bring the accused to voice and notify himher of the allegations

(b) Inform the complainant that a deposit of forty dollars ($4000) must accompany his accusation and to be deposited within one (1) hour of the complaint Where applicable inform the complainant that the accused wishes to challenge the allegations and the date and time of the hearing shall be known to both parties

(c) A failure of either party to attend the hearing will result in an additional fine of forty dollars ($4000) to be paid within sixty (60) minutes of the conclusion of the hearing or a suspension ob the absent party until payment is received

(d) Inform the accused of the available options

(i) Arrange for repayment of the fare in its entirety to a minimum of forty dollars ($4000) to the complainant a Union representative or the Company on behalf of the complainant within sixty (60) minutes or

(ii) If the allegation is being denied and the accused wishes to refute it forty dollars ($4000) must be deposited at the dispatch office within sixty (60) minutes with a notification to the Dispatch Supervisor that the allegation is being challenged

Where the accused fails to respond to two (2) voice messages or refuses to comply with (c) the accused shall have dispatch services suspended until in compliance or the Company receives instructions from a Union Representative to do otherwise

The penalty for a wrongful accusation is the payment of forty dollars ($4000) to the accused by the accuser in addition to the return of the accuseds deposited payment

It is understood and agreed that the action(s) of the Dispatch Supervisor(s) in the compliance of this Policy is not to be construed as a determination of who is the guilty party In all disputes regarding stolen fares the Committee shall make the final determination with respect to guilt

Collective Agreement laquoCompany Page 55

bull

bull

Note Such fare(s) will not be considered as Stolen Fare(s) if picked up by driver(s) arriving on the Concession(s)Taxi Stand(s) prior the driver(s) who accepted the dispatched fare(s)

Collective Agreement ((Company Page 56

bull bull

APPENDIX 1

PLATE CAR LESSEE IND START LESSEE START

1 1027 5027 ADAM GRANT 1 91111986 111987

2 1015 5015 TIMS VAUGHN 411995 411995

3 1043 5043 MARTON FERENC G 10251995 10251995

4 1050 5050 DUBOIS JOHN 12111994 311996

5 1048 5048 SUNIL JOSHI 1111994 711996

6 1030 5030 SLIM MOHAMED 711996 7111996

7 1041 5041 JAMALEDDINE ZAHER 911996 911996

8 1040 5040 MAHEUX FRANK 11151996 181997

9 1109 1 5109 ASTLEY JAMES 1011994 1131997

10 1045 5045 MELHEM SAMIR 1211996 9211997

11 1028 5028 LABINE ANTHONY 10151980 11281997

12 1054 5054 ELmiddotNEMER NEMER 11131997 21271998

13 1113 5113 WEAGANT BROCK C 82211988 3131998

i

14 1039 5039 SOBH HAC HEM 11171997 5111998

15 1044 1 5044 MOUFARREJ RAYMOND 10241996 1161998

16 1042 5042 MCCONVILLE BILL 311992 11111998

17 1107 5107 GIANNAKOS LOUIS I 9111997 491999

18 1026 5026 VERMA LALIT 51261996 5311999

19 1033 5033 MITCHELL BRUCE 111987 9301999

i

20 1108 5108 PAPPAS CHRISTINE 121111991 1041999

rmiddot 1014 5014 NYTRA BEDRICH 961996 3302000

22 1000 5000 ABOUmiddotARRAG SAM I 611997 7132000

23 1038 5038 MUNROE JOHN 1111977 492001

24 1022 5022 RADULESCU GELU 611999 5232002

25 1139 5139 HASSOUN I MOUFID 71211999 8152002

26 1006 5006 SADER I GHASSAN 6211999 292004

27 1029 5029 CLAYTON GREG 911980 21132004

Collective Agreement ccCompany Page 57

bull

28 1034 5034 IBRAHIM 12301995 4302004

29 1037 5037 ABDALLA HASSAN I 3312000 2202006

30 1010 5010 HASSOUN AD NAN 8272001 312006

31 1031 MASSOUD 1241998 312006

32 1 1o35 5035 JANCO 911992 362006

1 33 1036 5036 SINGH BALWANT 92211999 3172006

Collective Agreement ltltCompanyraquo Page 58

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 31: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

2301

2302

2303

1

2

3

4

ARTICLE 23 SUCCESSION AND TAXI PLATE LEASES

Definition

The process by which the lessee of a Company-owned taxi license plate having determined that heshe wishes to retire andor otherwise terminate hisher relationship with the Company and having officially notified in writing both the Union and the Company of hisher intention to do so offers the opportunity to hisher driver to be the lessees successor all in accordance with the conditions sot out in this Article

In order to be eligible to offer a lease for succession the lessee must have been a party to a valid taxi plate Leasing Agreement with the Company for a minimum of one (1) year and have two (2) years of continuous uninterrupted service operating a taxi vehicle under the Companys roof sign The lessee must also be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

In order to qualify as a successor the driver must be up to date with all payments to the Company and have no outstanding amounts owing to the Company whatsoever including but not limited to plate and stand rents vehicle and equipment insurance etc

An offer for succession shall follow the following order

No offer for succession can be made until the day after the final version of the seniority list as outlined in Appendix 2 has been agreed upon and signed-off by the Parties

The lessee must notify the Company and the Union in writing of hisher intention to exercise the option of succession and the projected date of the succession

The taxi plate lease shall be offered to the lessees current driver (if any) who shall have thirty (30) days to reject or accept the succession

If the offer is rejected or thirty (30) days have passed since the offer was made the taxi plate lease shall be offered to the drivers who are not single plate lessees (SPL) or a single plate owner (SPO) on the seniority list who shall have thirty (30) days to reject or accept the succession

Collective Agreement ltltCompanygtgt Page29

5

6

2304

2305

2306

2307

2308

2309

The most senior driver on the seniority list (who is not a single plate lessee-SPL or single plate owner-S PO) who accepts the succession shall be the successful incumbent lessee

In the event that no driver accepts the succession the lessee may ask that his request for succession be held in abeyance until such time as an incumbent lessee is found or may retire andor otherwise terminate hisher relationship with the Company at the time of hisher choosing In the event that the lessee retires andor terminates hisher employment relationship the taxi plate shall be returned to the Company and assigned to the next senior eligible driver as per the Companys past practice

The succession shall be valued at no more and no less than fifty-five thousand dollars ($5500000) except as modified as per sub-Article 2308 The driver (incumbent lessee) shall pay to the lessee the full value of the succession fee within sixty (60) days of the date of acceptance of the offer Once the driver has paid the succession fee the driver becomes a single plate lessee for the purposes of this Collective Agreement and will assume all rights duties responsibilities and obligations of a single plate lessee as set out in this Collective Agreement

The Parties agree that any monies or other considerations paid to a lessee at any time other than the time set out in sub-Article 2304 above shall not be counted towards the succession fee

The amount of $300000 (plus HST if applicable) shall be paid to the Company as a consulting fee by the incumbent lessee no later than the day before the day the incumbent lessee becomes a single plate lessee for the purposes of this Collective Agreement

Any lessee who exercises the succession option voluntarily terminates hisher employment with the Company and loses all seniority A driver who wishes to subsequently be rehired by the Company as a driver shall be placed at the bottom of the seniority list The driver will be eligible to become a lessee two (2) years from the date of hisher rehiring

The amount set out in sub-Article 2304 shall be increased annually on the date of the plate and stand rent increases set out in Article 27 of this Collective Agreement The annual increase shall be the same as the average of the percentage increase in the plate rent and the stand rent for that year

In the event of the death of a lessee and provided the lessee is up to date with all payments to the Company and has no outstanding amounts owing to the Company whatsoever the lessees estate shall have up to six (6) months from the date of death to exercise the option of succession

Collective Agreement laquoCompanybullbull Page 30

2310

2311

(a)

(b)

(c)

2312

Leasing agreements must be entered into provided they do not conflict with the terms of this Agreement

Without limiting the generality of 2310 in any way whatsoever a leasing agreement shall contain the following provisions

The lease shall terminate automatically for failure to fuHill any term of the lease including but not limited to failure by the lessee to fulfill any financial obligation or failure by the lessee to obtain replacement insurance in the event of cancellation of insurance

The lessee shall be the principal driver of the taxi vehicle which is attached to the taxi license plate

This Collective Agreement between the parties shall be the entire agreement and there shall be no other fee condition or other obligation except those set out in the Collective Agreement

All leased plates shall remain as such and shall not be converted to rental vehicles for the duration of this Agreement provided there are persons willing to leased said plates

ARTICLE 24 GRIEVANCE PROCEDURE

2401 A grievance shall include any issue regarding the interpretation administration application or alleged violation of this agreement It is the mutual desire of the parties that complaints of the drivers be adjusted as quickly as possible To that end the parties have adopted the following grievance procedure

STEP 1 A driver may bring his complaint to the Supervisor of the Members of the Owners Group If the driver does bring his complaint to the Supervisor he must do so within twenty (20) days of the incident or of he having knowledge of this incident giving rise to the complaint Where the complaint is brought forward it must be given to the Supervisor and the Supervisor shall reply within two (2) working days

STEP 2 Failing settlement of the complaint at Step 1 or where the driver has chosen not to avail himself of Step 1 the driver must file the grievance in writing within twenty (20) days of the incident or omiddotf he having knowledge of this incident giving rise to the grievance The grievance must be referred to the Member of the Owners Group claimed to be responsible andor any other person designated by the Member of the Owners Group Grievances shall be dealt with at the Step 2 meeting which shall be scheduled on the 3rd Wednesday of every month This monthly Step 2

Collective Agreement ccCompanyraquo Page 31

meeting shall be one meeting held at the Companys office Where the grievance involves the discharge of a driver the parties agree to meet within ten (1 0) working days of the filing of the grievance A representative of the Union shall be present at all step 2 meetings The Member of the Owners Group must respond within three (3) working days of the meeting

2402 Should a group grievance or a Union or policy grievance develop it shall be filed at Step 2 within twenty-five (25) days of the incident giving rise to the grievance or of the drivers or Union having knowledge of this incident

2403 Failing settlement under the above the matter in dispute may be taken to arbitration in accordance with article 26

2404 Drivers employed by single plate owners and single plate lessees may not grieve matters or disputes arising between the driver and the single plate owner or single plate lessee A committee shall be set up and made up of equal numbers of Uniondriver and Company personnel to assist in resolving disputes between the drivers and single plate owner and single plate lessee The committee shall have the power to determine a procedure to be followed as well as to determine fault and penalties

ARTICLE 25 ARBIrRATION

2501 After exhausting the provisions of the grievance procedure either of the parties may submit a grievance to arbitration either expedited or formal in writing within thirty (30) days of the Step 2 reply or if there is no reply within thirty (30) days after the expiration of the time limits to provide a reply

2502 Unless otherwise mutually agreed by the parties all grievances referred to arbitration not relating to an indefinite suspension a discharge or any separation of employment or to the interpretation of the collective agreement group grievances and policy grievances shall be referred to the expedited process

Grievances referred to arbitration in respect of indefinite suspensions discharge or separation of employment for any reason or to the interpretation of the collective agreement and group grievances may only be referred to this expedited process by the mutual agreement of the parties

2503 Within fourteen (14) days after notice has been given that the grievance will proceed to formal arbitration the parties shall meet and agree on a single arbitrator If the parties cannot agree on an arbitrator within this time limit either party may request the Minister of Labour to appoint an

Collective Agreement laquoCompanyraquo Page32

arbitrator and this appointment shall be binding on both parties In respect of the cost of arbitration of formal grievances the parties shall share equally the fee and expenses of the sole arbitrator

2504 The formal arbitrator shall have the right to exercise all the powers provided by the Labour Relations Act as amended from time to time

2505 The Arbitrator must hand down a written decision within sixty (60) days of the date of the hearing

2506 As an alternative to the formal arbitration process set out in the foregoing paragraphs a grievance may be referred to a previously agreed-upon person who shall hear the grievance and who shall at the conclusion of the hearing give a decision immediately Such decisions may not be used to alter modify or amend any part of the collective agreement and are made without precedent or prejudice to similar or like cases Such a decision shall be final and binding upon both parties and no further action may be taken on that grievance by any means whatsoever

2507 To maintain the efficiency of this expedited process the parties shall schedule a minimum of one (1) day of arbitration every three- (3) months except in those circumstances where either party deems it necessary to schedule the arbitrator more frequently

2508 The parties shall share equally the fee and expenses of the persons selected to hear the expedited arbitration cases

2509 At all expedited arbitration hearings the Company or Member of the Owners Group shall be represented by a member of their management and the Union shall be represented by a Union staff representative or an officersteward of the Local Union

2510 The Union shall forward to the representative of the Member of the Owners Group a list of the expedited grievances to be heard on the day or days scheduled for the hearing of grievances according to the expedited arbitration procedure The aforementioned list shall be forwarded to the representative of the Member of the Owners Group no later than ten (10) working days in advance of the hearing unless otherwise mutually agreed

2511 By exception a party may call one (1) witness at an expedited arbitration

2512 Prior to proceeding to formal or expedited arbitration and at least thirty (30) days prior to the date of arbitration the parties may upon mutually agreement request that any grievance be referred to a mediator to act as a grievance mediation officer for the purpose of attempting to

Collective Agreement laquoCompanyraquo Page33

mediate a settlement of the grievance The parties shall share equally the fee and expenses of this officer

ARTICLE 26 TAXI PACKAGE

2601 The employer shall provide to the rental driver at no extra cost motor vehicle insurance with a collision provision deductible not exceeding $50000 for each accident at fault

The Owners Group shall also provide to the rental driver at no extra cost comprehensive coverage with zero (0) deductible including but not limited to fire and theft It is agreed and understood that comprehensive coverage does not cover driver added equipment

2602 Each rental driver shall be supplied for a daily twelve (12) or twenty-four (24) hour period at no extra cost a roadworthy safe sedan four (4) door taxicab with proper weather resistant tires for all seasons and with a seating capacity for not less than four (4) passengers containing

2701

2702

2703

1 A roof sign 2 A sealed taxi meter 3 A two-way radio 4 A full size spare tire subject to space limitations 5 A tire tool 6 A jack 7 A mike clip 8 A full tank of gas at start date 9 Air conditioning on replacement vehicle where possible 10 An electric rear window defroster or blower

Any equipment owned by the Owners Group that becomes inoperative shall be repaired as soon as possible

ARTICLE 27 RENTAL CHARGES AND TERMS OF AGREEMENT

This agreement shall take effect upon ratification and be binding on both parties for three (3) years and shall continue for annual periods of one year each unless either party gives at least one hundred and twenty (120) days notice that it wishes to amend this agreement

It is agreed and understood that this agreement will remain in full force and effect until amended by negotiations

Rates shall be as follows

Collective Agreement laquoCompanyn Page 34

712011 712012 712013

Stand Rent (monthly) $43900 $45000 $45900

Plate Rent (monthly) $71926 $75000 $75960

Daily Car Rental 24 hr Regular Plated $9700 $9700 $9700

24 hr Accessible Plated $10500 $10500 $10500 12 hr Regular Plated $6700 $ 6700 $6700

12 hr Accessible Plated middot $8300 $8300 $8300

Credit Card Transaction 50 50 50

Debit Card (per) Transaction $065 $065 $065 (To the Driver)

POS Rental Fee (monthly) $800 $800 $800

POS Insurance (monthly) $300 $300 $300

Note The above rates do not include HST

Note For purposes of car rental rates the weekly rents shall be six (6) times the daily rent

Note It is recommended that drivers use Company supplied POS machines and systems

2704 Employees shall pay all monies owed to the Company in the following manner Monthly By the 5th business day of the month

2705 Any employee failing to pay monies by the above dates and times shall be suspended and not reinstated until the monies are paid in full and credited to their account

2706 Employees shall be entitled to pay their rents to the company by company approved charges cash and cheque - provided the employee has at least one (1) year of seniority

Employee(s) who have one (1) cheque returned NSF shall be suspended immediately upon the company receiving notification from the

Collective Agreement ((Company Page35

bank shall lose such privilege for twelve (12) months and shall be charged the appropriate charges

ARriCLE 28 GENERAL

2801 The Company and drivers shall maintain its internal company charge system and accept major credit cards which currently include Visa Mastercard American Express and Diners Cluben Route as approved by the Company

2802

2803

2804

2805

2806

2807

This system shall continue for the duration of this Agreement so long as external factors outside the Companys control do not prevent the Company from doing so Drivers shall be entitled to cash their charges provided they do not have any outstanding balances at the offices of the Company during the hours of 0830am to 400pm Monday to Friday except holidays The Company shall make available to the employees during normal business office hours receipt cards and credit card slips All credit card charges must be authorized

Drivers shall pay a fee of five (5) of all credit card charges that they redeem

Except as otherwise provided in this agreement all passengers shall be treated in a polite professional courteous and businesslike manner at all times by both the Owners Group and the employees

If requested a properly signed receipt shall be furnished by the owner for all payments made by the driver (If requested said receipt shall show a breakdown of all payments made by the driver and the dates for which they apply) For the purposes of this clause a numbered computer receipt shall be deemed to be signed

The employees who own their own vehicles whether or not they own their own license shall have absolute choice as to where their vehicle is to be repaired andor maintained

No employee either full-time or part-time shall abuse or mistreat any vehicle or equipment (ie roof sign radios meters and aerials)

The Owners Group agrees to work with the Union to lobby the City of Ottawa to allocate stands where necessary and appropriate

The Company agrees to provide the Union with the rules covering the stands controlled by concession agreements

Collective Agreement ccCompanyraquo Page 36

bull

2808 Subject to the provision of adequate insurance coverage all car owners shall be free to place a second driver or a third driver on their vehicles should they require without interference from the Company

2809

2810

2811

2812

2813

2814

In the event the Company refuses an individual employment as a second driver or as a third driver the Company agrees that such refusal may be the subject of a grievance and the onus of proof shall rest with the Company to show just cause for such refusal

The parties agree that no vehicle will have more than three (3) drivers at any one (1) time

The Company shall take reasonable steps to maintain all current concession agreements for the duration of this agreement The Company shall take all reasonable steps to obtain additional concession agreements

The Company shall have a phone line separate from the dispatch office so that drivers business people friends of the office staff may call through middot without having to tie up the dispatchers time The separate phone line may be used by the dispatch office during non-business hours

Time-off without rental fees or loss of seniority will be given to those members of the bargaining unit who are called for jury duty Rental driver(s) must park their rental vehicle(s) at the Companys premises should the jury duty go beyond three (3) days

The Company shall maintain a drivers waiting area As well the Company shall allow the drivers to use the telephone in the office for local calls only pursuant to the current past practice

In the event of an assessment to the CompanyOwners Group by WSIB in relation to the provision of WSIB benefits for the Bargaining unit personnel the CompanyOwners group and the Union agree to renegotiate in good faith the rates set out in Article 2703 Where the parties fail to reach agreement on the issue the matter shall be referred to an arbitrator for full and final settlement

When a customer complaint is received by the dispatcher the latter will advise the customer that an authorized representative of the Company will handle the complaint in an expeditious manner Upon request by the Union the Company shall provide a copy of the computer printout and all other relevant information including but not limited to any taped conversation related to the complaint being investigated The privacy of the customer is paramount and will at all times be respected

Collective Agreement ccCompanybullbull Page 37

2901 (a)

(b)

ARriCLE 29 BEREAVEMENT LEAVE

The Members of the Owners Group agree to grant affected employee(s) the necessary time off of up to four (4) days without fees at the time of death of the following relative(s) of said employee(s) father mother spouse (includes common-law) child brother sister mother andor fathershyin-law

The Members of the Owners Group further agree to grant to affected employees two (2) days without fees at the time of death of the following relatives of the employee sister andor brother-in-law and grandparent

ARTICLE 30 SOCIAL JUSTICE FUND

3001 The Company shall pay to the Union an amount of eight hundred ($80000) dollars per collective agreement year with such amounts being made payable to the CAW Social Justice Fund Inc Said amounts shall be paid by separate cheque by the last day of February in each year of this collective agreement A tax receipt shall be supplied to the Company on receipt of said amount

ARTICLE 31 SAFETY BANQUET

3101 The Company agrees to contribute seven hundred and fifty dollars ($75000) to the Unions annual Safety Banquet in each year of the Collective Agreement

SIGNED THIS DAY OF APRIL 15 2012

FORTH~

~~

Collective Agreement laquoCompanyraquo Page38

Collective Agreement laquoCompanyraquo Page39

SCHEDULE 11 A 11 LIST OF THE OWNERS GROUP

Coventry Connections Inc

Collective Agreement ccCompanyraquo Page40

SCHEDULE nan EXISTING CUSTOMS RIGHTS AND PRIVILEGES

1 There shall be no charge for the receipt cards

2 There shall be no charge for credit card vouchers subject to suppliers (third party) availability and conditions Should the Company pursue a course of action leading to Point of Sale terminals which usage will include Debit transactions Decremental Cards and Credit Cards there would be a charge for paper usage

3 The drivers shall choose their own working hours during their shift

4 Reasonable accommodation shall be given to payment of outstanding debts for accident(s) The following minimum payments are required

A) Up to $1 00000 - $ 1 000 per day

B) Over $100000- $2000 per day

Agreed to on the understanding that this does not apply to spare cars

Collective Agreement laquoCompanyraquo Page 41

SCHEDULE C RULES AND REGULATIONS

1 The following articles of clothing are not acceptable forms of attire at OJS

(a) Sweat pants and shorts except for dress shorts Dress shorts will be allowed from April to Labour Day Drivers caught wearing inappropriate shorts will be given one (1) warning and any future occurrence with regards to inappropriate shorts will cause them to lose the right to wear dress shorts for the duration of that season Shorts can be no shorter than three (3) inches above the knees

(b) T-shirts (except Union decaled T-shirt) without lapels tank tops and muscle s1middot1irts

NB Clothing andor other attire with obscenities profanities or sexually degrading remarks are not acceptable Hair must be clean and neat Faces must be clean-shaven or beards neatly trimmed Clothing must be tear and rip free with no visible patches and is to be cleaned and ironed as required Socks must be worn at all times with all types of footwear except for sandals

2 Drivers must be courteous and pleasant at all times and must conduct themselves in a professional business-like manner

3 There is to be no abusive foul language or gestures directed at customers or the general public

4 Consumption of alcohol or drugs will not be tolerated prior to the commencement of a shift andor while driving

5 There wiil be no arguing and fighting among drivers or other DJs personnel under any circumstances

6 No playing of cards or any other games of chance is allowed at any time when working This includes any form of gambling or betting on the air

7 Profanity or abusive language on the air or in your vehicle is prohibited at all times

8 Use of cell phone during the conveyance of a customer(s) is prohibited

9 Each taxicab and driver shall carry at all times a current street guide Drivers are to make proper use of this guide to avoid unnecessary air time

Collective Agreement ccCompanyraquo Page42

10 Deliveries are to be taken directly to the destination Running other fares while occupied on deliveries will not be permitted unless approved by the dispatcher

11 No messages between drivers are permitted Drivers will receive messages to call home spouse office union office partner or garage

In addition When an authorized Union rep asks the dispatcher to have a member of the bargaining unit call them for union business only this will be allowed and if necessary a phone number will be given

12 Picking up a fare while on the way to an accepted dispatch call will not be permitted

13 Drivers must allow 5 minutes wait at the customers pick-up address

14 Drivers shall take reasonable steps to ensure that they pickup only those fares that they are dispatched to Drivers must check with dispatcher for authorization before taking another fare from same address

15 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical breakdown emergency or any other reason(s) not herein listed the dispatcher shall reshydispatch the fare and suspend the driver for one (1) hour

16 Interference or jamming of the radio is a Federal offence and will not be tolerated

17 When necessary drivers must assist customers with handling of baggage and opening and closing of doors

18 No complaining to customers about short fares or time calls A list of regular short fares will be established and such fares shall be dispatched as Locals

19 At customers request music radio and other sound systems except for the twoshyway radio must be turned off

20 Driver must issue a receipt card upon request by customer Drivers signature must be clearly marked in the appropriate place on the receipt card There is no charge for the issuance of a receipt card

21 No new driver is to commence work until he has been briefed by OJS staff in the operating of our charge account system

22 Some of the guidelines in the operation of our charge account system are as follows

Collective Agreement laquoCompanyraquo Page43

(a) All charges are to be signed with car number (eg-DJ70) and date clearly written

(b) If the fare goes to more than one destination these other destinations are to be clearly marked on the reverse side of the chit

(c) Taxi chits to be signed by the customer and dollar value to be clearly marked

(d) Gift certificates which currently have a maximum value of $500 each are to be accepted at face value and change given as required

(e) Drivers must note on back of chit the drop offpick up address if it is different from address shown on face of chit

Drivers are prohibited from buying other drivers charges whether they be DJS drivers or other cab Companys charges Violation of this rule shall result in the following fines

1st offence -2d offence bull 3rd and subsequent offences-

$5000 per chit $10000 per chit $20000 per chit

plus the face value of each chitCredit Card in all cases

The parties agree that the above penalties are specific penalties within the meaning of the Ontario Labour Relations Act An Arbitrator shall not have the power to alter or modify any penalty imposed under this clause

(f) Drivers must accept all major credit cards approved by OJS Taxi

(g) Drivers are responsible for ensuring that all necessary information is clearly marked on charge vouchers as follows

bull Customers name and signature bull Card number (correct number of digits) bull Expiry date bull Drivers signature and car number (eg-DJ70) bull Ensure proper copies of charges are submitted to the Company for

processing bull No hand written major credit card sales drafts will be accepted

23 All cars are to be cleaned inside and out by 1000 am every day with due regard given to road and weather conditions

Collective Agreement Page44

24 All drivers must ensure that they have change for $2000 at all times and will not be removed from the sheet while getting change provided they are not called

25 No taxicab driver shall charge a passenger for

(a) The cost of proceeding to an establishment for change or

(b) Waiting time while a passenger obtains the change provided the bill presented for payment is of $2000 denomination or less

26 No vehicle to be left unattended with keys in the ignition

27 No person(s) unless authorized by the Company shall accompany the driver in the vehicle while heshe is occupied with a paying fare

28 Taxis must not be left unattended on a OJS taxi concession stand for more than ten (1 0) minutes

29 Only au~horized drivers with valid licenses can operate a taxi-licensed vehicle

30 Roof sign must be removed from vehicle when not on duty or involved in an accident

31 ALL DRIVERS ARE ADVISED THAT IT IS AGAINST THE LAW AND OJS TAXI COMPANY LIMITED POLICY TO REFUSE DOG GUIDES IN THEIR CABS REFUSAL WILL RESULT IN FINES AND DISCIPLINARY ACTION BY THE COMPANY

1st offence - 1 week suspension 2nd offence - 2 weeks suspension

3rd offence - Dismissal No longer working under the OJS roof sign

Accommodating Persons with Disabilities

The Management of OJS Taxi wishes to advise all its employees drivers and others operating under the OJS Taxi roof sign of the OJS Taxi policy with respect to blind passengers whether or not they use dog guides

Under the Blind Persons Rights Act of Ontario no person may either deny any person services customarily available to the public or discriminate against any person with respect to services available to the public for the reason that they are a blind person accompanied by a dog guide

Under the Ontario Human Rights Code every person has a right to equal treatment with respect to the supply of services which includes taxi services

Collective Agreement laquoCompanyraquo Page45

bull

without discrimination because of among other things a disability A disability includes any physical impairment such as being blind visually impaired deaf or hard of hearing

Guide Dogs and Taxi Services Many disabled persons are physically dependent on guide animals in their daily activities Canadians who are blind or visually impaired deaf or hard of hearing or who have other types of disabilities such as epilepsy are dependent on guide animals

Accommodation of these individuals necessitates that they be permitted to take their guide animals with them into taxi cabs Refusing to allow them to do so will infringe on their human rights and is against the Blind Persons Rights Act of Ontario and the Ontario Human Rights Code

This notice will simply repeat what should be apparent to you all that if a blind person with or without a dog guide is refused services by any OJS Taxi driver such actions will result in fines to the driver and other disciplinary action including the possibility of suspension by the Management of DJs Taxi Co Ltd

For more information regarding guide animals please review the attached pamphlet and information sheet published by Dog Guides Canada

Any inquiries concerning this policy should be directed to any member of the Management who will if it is required explain the policy to you

32 Drivers are not allowed in the dispatch office

33 All parking tickets will be paid by the rental driver responsible

34 In order to boost with Company owned taxicabs employees must request an obtain instruction from the garage manager or his designee on the proper method of boosting in order to reduce any risk of injury to the driver passenger and damage to the vehicle(s)

In the event of misuse employees at their discretion may be either disciplined in accordance with the principle of progressive discipline or have the option of reimbursing the Company for the cost of damaged parts

35 Any driver operating a taxi while his drivers license or taxi license is under suspension will be disciplined unless the driver can obtain written proof from the Ontario Ministry of Transport andor the appropriate taxi licensing authority that the driver did not receive evidence that hisher license was suspended or cancelled

36 When necessary or requested all elderly andor disabled customers are to be assisted in and out of taxicab at all times

Collective Agreement laquoCompanyraquo Page 46

37 No stealing fares

38 Drivers are not allowed to book no loads and run the fare

39 Drivers cannot refuse dispatched fares subject to article 1304 andor where the driver believes his safety or health is at risk

40 Failure to come to voice after two (2) requests by the Dispatch Supervisor will result in the Driver being suspended in the computer

41 Dispatch staff will not make phone calls for drivers unless it is an emergency situation

42 There shall be no personalization of any fares or trips placed through the Dispatch System of OJS Taxi except for returns east of but not including the Civic Hospital within the same twenty-four (24) hour period Where a return-call has been prearranged through the Dispatch System prior to the initial call being dispatched then the return-call cannot be personalized

43 Drivers will pay monies owed to the company by 400pm on the day that they are due No driver with an outstanding balance will be allowed to book on the sheet until their account is paid in full to the business office This means credited to their account and a receipt issued

44 Dispatchers shall give the line-up every thirty- (30) minutes except for the months of December January and February On implementation of the Computerized Dispatch this clause will be eliminated

45 All deliveries shall be given out as regular calls except where provided in this agreement and all employees shall have the option to refuse to deliver alcohol When a dispatcher requests a driver to call him for information concerning a delivery the dispatcher will first give the delivery address over the radio to ensure the delivery is being dispatched correctly

46 When drivers book out of their cars to attend scheduled complaint meeting appointments they shall be allowed to remain in their spot on the line up queue passed by for fares and treated by the dispatch as if they are no longer on the sheet

When the affected driver returns to his car and books back in he shall be returned to his position in the line up queue and given his next rightful fare

The maximum time a driver shall be allowed to book out for a complaint meeting is one half-hour

Collective Agreement laquoCompanyraquo Page 47

This rule shall only apply if the affected driver does not incur any discipline as a result of the complaint meeting

47 All cabs at DJS Taxi must have a mike clip and the clip must be used Drivers must pick up their mike when communicating

48 Drivers using vans as taxicabs must have and make use of (when requested or required) a portable step to assist passengers in and out of their vehicles

49 All taxicabs must be free of any body damage and any damage must be repaired within ninety- (90) days

50 Roof signs must be kept in good working order and condition with Company approved logo clearly visible front and rear

51 In order to ensure equipment is compatible with computer dispatch system all new radio equipment must be approved by the Company prior to installation

Collective Agreement laquoCompanyraquo Page48

SCHEDULE D CREDIT CARD POLICY amp PROCEDURES

DRIVERS MUST ACCEPT ALL COMPANY APPROVED CHARGES CREDIT AND DEBIT CARDS

DRIVERS MUST HAVE A POINT OF SALE UNIT AND A MANUAL PRINTER PER CURRENT BYLAW CITY OF OTTAWA

Due to the increased use of fraudulent Credit Cards by customers in taxicabs the following procedures have been developed to protect drivers from falling victim to Credit card fraud When accepting Credit cards the following rules must be followed

Credit and Debit Cards- the following rules must be followed

AUTHORIZATION OF ALL DEBIT AND CREDIT CARDS

All Credit Card slips must be authorized regardless of amount Verification is generally done after the fare is completed but verification of an estimated or known amount can be done prior to the completion of the trip if

bull The destination is beyond the radio coverage area bull The driver has reason(s) to suspect the validity of the card

INFORMATION REQUIRED FOR ACCEPTANCE OF DEBIT ANDOR CREDIT CARD SLIP FOR PAYMENT The completed Credit Card slip must contain all the following information

(a) Vehicle Number (pre-printed on POS slip if not to be written by hand at the bottom of the slip)

(b) Drivers ID Number and Initials (c) Amount of fare and gratuity (if applicable) (d) Authorization number (Pre-printed on POS slip) (e) Date of the fare (Pre-printed on POS slip) (f) The Debit or Credit Card must be swiped at all times (in the event that the

receipt does not print imprinting Credit Card only on manual imprinter is acceptable with customers signature but the imprint of the card number has to be clear) In the case of a swiped transaction part of the card number will display per Credit and Debit Card industry rules

(g) Customers signature clearly written (Credit Card only) marked TRANSACTION COPY We will accept the CUSTOMER COPY as long as it has the customers signature Debit POS slips are to be submitted marked TRANSACTION COPY NO SIGNATURE IS REQUIRED

Collective Agreement laquoCompanyraquo Page49

DISPUTES BY A CUSTOMER

Should a debit or credit card slip be disputed by the customer their bank or other financial institution the company will investigate If such investigation proves fraud or error by the driver the driver will be charged back for the full amount of the charge

If the disputed transaction was processed on a non-company unit a $500 plus HST charge plus the value of the charge will be debited to the drivers account The Company will refund the customer for the value of the charge

Should a customer andor driver report that the charge has been approved more than once the Company will investigate The Company does not allow any refunds in the taxicab Drivers can void a transaction but this must be done before Batch Closing the transaction A Void can only be done in the presence of the customer as the card (debit or credit) must be present The driver can then re-swipe the card for the correct amount The Company publishes a toll free number for customers or drivers to call with any concerns about a transaction If a customer has been charged more than once for the incorrect amount the following procedures apply

Credit Card

The Company will verify that the customer was charged multiple times or has been over-charged and issue a refund as necessary The Company will send a copy to the customer upon request All refunds are processed on a Point of Sale unit or Virtual Merchant (on-line) The Company may contact the driver to determine the validity of the customers details

Debit Card

The Company will verify that the customer was charged multiple times or has been overcharged and issue a cheque refund as necessary The Company keeps a copy of the cheque issued

GENERAL INFORMATIONGUIDELINES

1 If the driver has overcharged the customer and has been paid the incorrect amount the Company will adjust the drivers account and provide a receipt The Company maintains a log in the even there is a dispute by the driver or the customer If the driver reports the overcharge that is logged on a Customer Incident Form which has a Control Number

2 Hand written Credit Cards will not be accepted All Credit Cards must be passed through a manual imprinter which clearly shows the full credit card number If the credit card number is not clear and cannot be authorized

Collective Agreement laquoCompany Page 50

the driver will face debitchargeback of the amount as it cannot be authorized

3 The only Credit Cards accepted by Taxitab a division of Coventry Connections Inc are

i Visa ii Mastercard iii American Express

Note Visa Mastercard and American Express all issue prepaid credit cards these are all accepted

4 Taxitab a Division of Coventry Connections accepts Debit Cards for Canadian Financial Institutions Debit Cards for foreign banks may not

work on the unit Visa Mastercard have commenced issuing Debit Cards these are all accepted These cards are clearly marked on the face of the card with the Visa and Mastercard logos

5 The following items are to be checkedverified by the driver upon presentation of a Credit Car (a to d) Debit Card (d only)

CHECK LIST

(a) Expiry Date Ensure the card is valid Check to be sure that the Card is not being used beyond the expiry date printed on the card If the card is expired refuse to accept it

(b) Altered Cards Check to see if the card has been noticeably altered in any way If it has been refuse to accept it

(c) Card holders name and signature Check that the signature on the Credit Card slip is the same name printed on the card At the same time check that the signature is the same as the signature on the rear of the card If there is no signature on the rear of the card ask the customer to sign it as you are required to check this

If in doubt ask to see some other form of identification (preferably one with a picture and signature) that ensures that the person using the card is who they say they are

(d) Amount of fare and gratuity (if applicable) The amount of the Debit or Credit card slip must be equal to the amount of the fare and the gratuity (where applicable) Each amount should be entered in their respective places and only by the customer unless otherwise directed In the case of a Debit Card customer must always enter their PIN number to

Collective Agreement ltbullCompany Page 51

authorize the card Drivers must remind customer that the TIP field comes first followed by the PIN number

(e) $150 Surcharge

Debit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated by the City of Ottawa By-Law The $150 charge is prompted by the point of sale unit automatically The Driver receives 65cent of the $150 for every transaction

Credit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated in the City of Ottawa By-Law The $150 charge is NOT prompted by the point of sale unit automatically The driver adds the $150 to the metered amount and enters this total in the base amount field

6 CAUTIONS

7

(a)

(b)

(c)

Bank Card only have the Bank name on the card

Credit Cards are identified by the VISA MASTERCARD AMERICAN EXPRESS OR DINERS CLUB-ENROUTE symbols Only Cards with these symbols will be accepted

Credit Cards will have a holographic image on the face of the card

CASH ADVANCES

The use of Credit Cards for cash advances in the taxicab is not permitted Credit Cards must only be used in the taxicab for paying for an actual fare Anyone using a Credit Card in a taxicab to obtain cash advance is most likely using a stolen or fraudulent card

8 OUT OF TOWN FARES

For the drivers protection it is suggested that for fares going out of town and the customer wishes to pay by Credit Card it is recommended that the driver authorize the fare at the beginning of the trip (dispatcher can give an estimated amount) If there is a difference process the difference at the end of the trip There is a pre-authorization feature available for Credit Card only on the Point of Sale unit The Company can activate this on driver request but the driver must be

Collective Agreement ccCompany)) Page 52

bull

9

given correct training for this There are several steps involved with pre-authorization that must be followed before batch closing

BATCH CLOSING

Drivers must close transaction in the terminals at the end of their shift Credit Card authorizations only remain in the terminal for five (5) days after that the processor closes them automatically Drivers must batch close all credit cards no later than four (4) days in order for the items to appear on the batch close report

Batch Close reports will print separately for Debit and Credit Cards and list the details of the transactions in the terminals showing the card type and the last four (4) digits of the card involved This Batch close cannot be reprinted drivers must hold on to them Attach the slips to the Batch Close and bring to the cashier The cashier will verify the attached slips are on the batch close and proceed to pay or credit the driver assuming all slips are authorized and complete (as discussed above under (1) Authorization Procedures)

The following circumstances regarding Batch Closes will apply

(i) Batch Close with All Debit and Signed Credit Card slips- Driver will be paid or credited at time of presentation at a cashiering station

(ii) Batch Close- No Debit Slips if the batch close shows a Debit Slip and the driver has misplaced or lost the slip the Driver will be paid or credited at the time of presentation at a cashiering station

(iii) Batch Close No Credit Card Slip- No Slip No Payment at time of cashiering (driver is to go to Driver Admin in this instance) If the driver has a signed manual slip and the last 4 numbers of the card match those on the batch close the slip will be accepted by the cashier

NO BATCH CLOSE REPORT -If a Driver has lost or misplaced Batch Close report the Driver is to go straight to Driver Admin (not cashiering) The Driver is to bring the receipts (if there is a credit card slip with no signature there is a separate procedure for this below) he has for which he has not batch close Driver Admin will initiate a Batch Close Incident Report which has a Control Number for future reference The Procedure is as follows

(i) Driver Admin to Photocopy all Slips and write the Control from the Batch Close Incident Form on the photocopy and date the sheet The

Collective Agreement ccCompanyraquo Page 53

bull

bull

Driver is to keep this in the event of a dispute or apparent nonshypayment in account

(ii) Driver Admin will complete the top copy of the report attach a copy of the slips The Driver will complete the bottom part of the report and sign it

(iii) Management will need 72 hours (three business days) from the date of Incident Report to investigate the transaction has been settled in the POS unit

(iv) Providing Management confirms the transaction is complete the slips will be credited to the Drivers account and a receipt will be printed A copy of the receipt is attached to the Batch Close Incident Report The Control from the Form is entered when the the amount is credited for reference A receipt can be printed at that time by cashier

(v) In the event that a driver does not have a Batch Close and presents a credit card slip with no signature the following will apply

(vi) If the Driver experiences a problem with the Batch Close or operation of the unit the Driver is to bring the unit to the office during normal hours Management will investigate the issue and call Driver to reshyissue the unit completing paperwork for the replacement unit which the driver will sign

Any driver attempting to defraud a customer by processing a debit or credit slip more than once will be terminated

Collective Agreement laquoCompany)) Page 54

bull

bull

SCHEDULE E STOLEN FARE POLICY

Whenever the Dispatch Supervisor receives a complaint that a fare either dispatched to the complainant or from within the same block of taxi standconcession on which the complainant is parked has been stolen and the identification of the accused is made known the Supervisor shall

(a) Bring the accused to voice and notify himher of the allegations

(b) Inform the complainant that a deposit of forty dollars ($4000) must accompany his accusation and to be deposited within one (1) hour of the complaint Where applicable inform the complainant that the accused wishes to challenge the allegations and the date and time of the hearing shall be known to both parties

(c) A failure of either party to attend the hearing will result in an additional fine of forty dollars ($4000) to be paid within sixty (60) minutes of the conclusion of the hearing or a suspension ob the absent party until payment is received

(d) Inform the accused of the available options

(i) Arrange for repayment of the fare in its entirety to a minimum of forty dollars ($4000) to the complainant a Union representative or the Company on behalf of the complainant within sixty (60) minutes or

(ii) If the allegation is being denied and the accused wishes to refute it forty dollars ($4000) must be deposited at the dispatch office within sixty (60) minutes with a notification to the Dispatch Supervisor that the allegation is being challenged

Where the accused fails to respond to two (2) voice messages or refuses to comply with (c) the accused shall have dispatch services suspended until in compliance or the Company receives instructions from a Union Representative to do otherwise

The penalty for a wrongful accusation is the payment of forty dollars ($4000) to the accused by the accuser in addition to the return of the accuseds deposited payment

It is understood and agreed that the action(s) of the Dispatch Supervisor(s) in the compliance of this Policy is not to be construed as a determination of who is the guilty party In all disputes regarding stolen fares the Committee shall make the final determination with respect to guilt

Collective Agreement laquoCompany Page 55

bull

bull

Note Such fare(s) will not be considered as Stolen Fare(s) if picked up by driver(s) arriving on the Concession(s)Taxi Stand(s) prior the driver(s) who accepted the dispatched fare(s)

Collective Agreement ((Company Page 56

bull bull

APPENDIX 1

PLATE CAR LESSEE IND START LESSEE START

1 1027 5027 ADAM GRANT 1 91111986 111987

2 1015 5015 TIMS VAUGHN 411995 411995

3 1043 5043 MARTON FERENC G 10251995 10251995

4 1050 5050 DUBOIS JOHN 12111994 311996

5 1048 5048 SUNIL JOSHI 1111994 711996

6 1030 5030 SLIM MOHAMED 711996 7111996

7 1041 5041 JAMALEDDINE ZAHER 911996 911996

8 1040 5040 MAHEUX FRANK 11151996 181997

9 1109 1 5109 ASTLEY JAMES 1011994 1131997

10 1045 5045 MELHEM SAMIR 1211996 9211997

11 1028 5028 LABINE ANTHONY 10151980 11281997

12 1054 5054 ELmiddotNEMER NEMER 11131997 21271998

13 1113 5113 WEAGANT BROCK C 82211988 3131998

i

14 1039 5039 SOBH HAC HEM 11171997 5111998

15 1044 1 5044 MOUFARREJ RAYMOND 10241996 1161998

16 1042 5042 MCCONVILLE BILL 311992 11111998

17 1107 5107 GIANNAKOS LOUIS I 9111997 491999

18 1026 5026 VERMA LALIT 51261996 5311999

19 1033 5033 MITCHELL BRUCE 111987 9301999

i

20 1108 5108 PAPPAS CHRISTINE 121111991 1041999

rmiddot 1014 5014 NYTRA BEDRICH 961996 3302000

22 1000 5000 ABOUmiddotARRAG SAM I 611997 7132000

23 1038 5038 MUNROE JOHN 1111977 492001

24 1022 5022 RADULESCU GELU 611999 5232002

25 1139 5139 HASSOUN I MOUFID 71211999 8152002

26 1006 5006 SADER I GHASSAN 6211999 292004

27 1029 5029 CLAYTON GREG 911980 21132004

Collective Agreement ccCompany Page 57

bull

28 1034 5034 IBRAHIM 12301995 4302004

29 1037 5037 ABDALLA HASSAN I 3312000 2202006

30 1010 5010 HASSOUN AD NAN 8272001 312006

31 1031 MASSOUD 1241998 312006

32 1 1o35 5035 JANCO 911992 362006

1 33 1036 5036 SINGH BALWANT 92211999 3172006

Collective Agreement ltltCompanyraquo Page 58

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 32: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

5

6

2304

2305

2306

2307

2308

2309

The most senior driver on the seniority list (who is not a single plate lessee-SPL or single plate owner-S PO) who accepts the succession shall be the successful incumbent lessee

In the event that no driver accepts the succession the lessee may ask that his request for succession be held in abeyance until such time as an incumbent lessee is found or may retire andor otherwise terminate hisher relationship with the Company at the time of hisher choosing In the event that the lessee retires andor terminates hisher employment relationship the taxi plate shall be returned to the Company and assigned to the next senior eligible driver as per the Companys past practice

The succession shall be valued at no more and no less than fifty-five thousand dollars ($5500000) except as modified as per sub-Article 2308 The driver (incumbent lessee) shall pay to the lessee the full value of the succession fee within sixty (60) days of the date of acceptance of the offer Once the driver has paid the succession fee the driver becomes a single plate lessee for the purposes of this Collective Agreement and will assume all rights duties responsibilities and obligations of a single plate lessee as set out in this Collective Agreement

The Parties agree that any monies or other considerations paid to a lessee at any time other than the time set out in sub-Article 2304 above shall not be counted towards the succession fee

The amount of $300000 (plus HST if applicable) shall be paid to the Company as a consulting fee by the incumbent lessee no later than the day before the day the incumbent lessee becomes a single plate lessee for the purposes of this Collective Agreement

Any lessee who exercises the succession option voluntarily terminates hisher employment with the Company and loses all seniority A driver who wishes to subsequently be rehired by the Company as a driver shall be placed at the bottom of the seniority list The driver will be eligible to become a lessee two (2) years from the date of hisher rehiring

The amount set out in sub-Article 2304 shall be increased annually on the date of the plate and stand rent increases set out in Article 27 of this Collective Agreement The annual increase shall be the same as the average of the percentage increase in the plate rent and the stand rent for that year

In the event of the death of a lessee and provided the lessee is up to date with all payments to the Company and has no outstanding amounts owing to the Company whatsoever the lessees estate shall have up to six (6) months from the date of death to exercise the option of succession

Collective Agreement laquoCompanybullbull Page 30

2310

2311

(a)

(b)

(c)

2312

Leasing agreements must be entered into provided they do not conflict with the terms of this Agreement

Without limiting the generality of 2310 in any way whatsoever a leasing agreement shall contain the following provisions

The lease shall terminate automatically for failure to fuHill any term of the lease including but not limited to failure by the lessee to fulfill any financial obligation or failure by the lessee to obtain replacement insurance in the event of cancellation of insurance

The lessee shall be the principal driver of the taxi vehicle which is attached to the taxi license plate

This Collective Agreement between the parties shall be the entire agreement and there shall be no other fee condition or other obligation except those set out in the Collective Agreement

All leased plates shall remain as such and shall not be converted to rental vehicles for the duration of this Agreement provided there are persons willing to leased said plates

ARTICLE 24 GRIEVANCE PROCEDURE

2401 A grievance shall include any issue regarding the interpretation administration application or alleged violation of this agreement It is the mutual desire of the parties that complaints of the drivers be adjusted as quickly as possible To that end the parties have adopted the following grievance procedure

STEP 1 A driver may bring his complaint to the Supervisor of the Members of the Owners Group If the driver does bring his complaint to the Supervisor he must do so within twenty (20) days of the incident or of he having knowledge of this incident giving rise to the complaint Where the complaint is brought forward it must be given to the Supervisor and the Supervisor shall reply within two (2) working days

STEP 2 Failing settlement of the complaint at Step 1 or where the driver has chosen not to avail himself of Step 1 the driver must file the grievance in writing within twenty (20) days of the incident or omiddotf he having knowledge of this incident giving rise to the grievance The grievance must be referred to the Member of the Owners Group claimed to be responsible andor any other person designated by the Member of the Owners Group Grievances shall be dealt with at the Step 2 meeting which shall be scheduled on the 3rd Wednesday of every month This monthly Step 2

Collective Agreement ccCompanyraquo Page 31

meeting shall be one meeting held at the Companys office Where the grievance involves the discharge of a driver the parties agree to meet within ten (1 0) working days of the filing of the grievance A representative of the Union shall be present at all step 2 meetings The Member of the Owners Group must respond within three (3) working days of the meeting

2402 Should a group grievance or a Union or policy grievance develop it shall be filed at Step 2 within twenty-five (25) days of the incident giving rise to the grievance or of the drivers or Union having knowledge of this incident

2403 Failing settlement under the above the matter in dispute may be taken to arbitration in accordance with article 26

2404 Drivers employed by single plate owners and single plate lessees may not grieve matters or disputes arising between the driver and the single plate owner or single plate lessee A committee shall be set up and made up of equal numbers of Uniondriver and Company personnel to assist in resolving disputes between the drivers and single plate owner and single plate lessee The committee shall have the power to determine a procedure to be followed as well as to determine fault and penalties

ARTICLE 25 ARBIrRATION

2501 After exhausting the provisions of the grievance procedure either of the parties may submit a grievance to arbitration either expedited or formal in writing within thirty (30) days of the Step 2 reply or if there is no reply within thirty (30) days after the expiration of the time limits to provide a reply

2502 Unless otherwise mutually agreed by the parties all grievances referred to arbitration not relating to an indefinite suspension a discharge or any separation of employment or to the interpretation of the collective agreement group grievances and policy grievances shall be referred to the expedited process

Grievances referred to arbitration in respect of indefinite suspensions discharge or separation of employment for any reason or to the interpretation of the collective agreement and group grievances may only be referred to this expedited process by the mutual agreement of the parties

2503 Within fourteen (14) days after notice has been given that the grievance will proceed to formal arbitration the parties shall meet and agree on a single arbitrator If the parties cannot agree on an arbitrator within this time limit either party may request the Minister of Labour to appoint an

Collective Agreement laquoCompanyraquo Page32

arbitrator and this appointment shall be binding on both parties In respect of the cost of arbitration of formal grievances the parties shall share equally the fee and expenses of the sole arbitrator

2504 The formal arbitrator shall have the right to exercise all the powers provided by the Labour Relations Act as amended from time to time

2505 The Arbitrator must hand down a written decision within sixty (60) days of the date of the hearing

2506 As an alternative to the formal arbitration process set out in the foregoing paragraphs a grievance may be referred to a previously agreed-upon person who shall hear the grievance and who shall at the conclusion of the hearing give a decision immediately Such decisions may not be used to alter modify or amend any part of the collective agreement and are made without precedent or prejudice to similar or like cases Such a decision shall be final and binding upon both parties and no further action may be taken on that grievance by any means whatsoever

2507 To maintain the efficiency of this expedited process the parties shall schedule a minimum of one (1) day of arbitration every three- (3) months except in those circumstances where either party deems it necessary to schedule the arbitrator more frequently

2508 The parties shall share equally the fee and expenses of the persons selected to hear the expedited arbitration cases

2509 At all expedited arbitration hearings the Company or Member of the Owners Group shall be represented by a member of their management and the Union shall be represented by a Union staff representative or an officersteward of the Local Union

2510 The Union shall forward to the representative of the Member of the Owners Group a list of the expedited grievances to be heard on the day or days scheduled for the hearing of grievances according to the expedited arbitration procedure The aforementioned list shall be forwarded to the representative of the Member of the Owners Group no later than ten (10) working days in advance of the hearing unless otherwise mutually agreed

2511 By exception a party may call one (1) witness at an expedited arbitration

2512 Prior to proceeding to formal or expedited arbitration and at least thirty (30) days prior to the date of arbitration the parties may upon mutually agreement request that any grievance be referred to a mediator to act as a grievance mediation officer for the purpose of attempting to

Collective Agreement laquoCompanyraquo Page33

mediate a settlement of the grievance The parties shall share equally the fee and expenses of this officer

ARTICLE 26 TAXI PACKAGE

2601 The employer shall provide to the rental driver at no extra cost motor vehicle insurance with a collision provision deductible not exceeding $50000 for each accident at fault

The Owners Group shall also provide to the rental driver at no extra cost comprehensive coverage with zero (0) deductible including but not limited to fire and theft It is agreed and understood that comprehensive coverage does not cover driver added equipment

2602 Each rental driver shall be supplied for a daily twelve (12) or twenty-four (24) hour period at no extra cost a roadworthy safe sedan four (4) door taxicab with proper weather resistant tires for all seasons and with a seating capacity for not less than four (4) passengers containing

2701

2702

2703

1 A roof sign 2 A sealed taxi meter 3 A two-way radio 4 A full size spare tire subject to space limitations 5 A tire tool 6 A jack 7 A mike clip 8 A full tank of gas at start date 9 Air conditioning on replacement vehicle where possible 10 An electric rear window defroster or blower

Any equipment owned by the Owners Group that becomes inoperative shall be repaired as soon as possible

ARTICLE 27 RENTAL CHARGES AND TERMS OF AGREEMENT

This agreement shall take effect upon ratification and be binding on both parties for three (3) years and shall continue for annual periods of one year each unless either party gives at least one hundred and twenty (120) days notice that it wishes to amend this agreement

It is agreed and understood that this agreement will remain in full force and effect until amended by negotiations

Rates shall be as follows

Collective Agreement laquoCompanyn Page 34

712011 712012 712013

Stand Rent (monthly) $43900 $45000 $45900

Plate Rent (monthly) $71926 $75000 $75960

Daily Car Rental 24 hr Regular Plated $9700 $9700 $9700

24 hr Accessible Plated $10500 $10500 $10500 12 hr Regular Plated $6700 $ 6700 $6700

12 hr Accessible Plated middot $8300 $8300 $8300

Credit Card Transaction 50 50 50

Debit Card (per) Transaction $065 $065 $065 (To the Driver)

POS Rental Fee (monthly) $800 $800 $800

POS Insurance (monthly) $300 $300 $300

Note The above rates do not include HST

Note For purposes of car rental rates the weekly rents shall be six (6) times the daily rent

Note It is recommended that drivers use Company supplied POS machines and systems

2704 Employees shall pay all monies owed to the Company in the following manner Monthly By the 5th business day of the month

2705 Any employee failing to pay monies by the above dates and times shall be suspended and not reinstated until the monies are paid in full and credited to their account

2706 Employees shall be entitled to pay their rents to the company by company approved charges cash and cheque - provided the employee has at least one (1) year of seniority

Employee(s) who have one (1) cheque returned NSF shall be suspended immediately upon the company receiving notification from the

Collective Agreement ((Company Page35

bank shall lose such privilege for twelve (12) months and shall be charged the appropriate charges

ARriCLE 28 GENERAL

2801 The Company and drivers shall maintain its internal company charge system and accept major credit cards which currently include Visa Mastercard American Express and Diners Cluben Route as approved by the Company

2802

2803

2804

2805

2806

2807

This system shall continue for the duration of this Agreement so long as external factors outside the Companys control do not prevent the Company from doing so Drivers shall be entitled to cash their charges provided they do not have any outstanding balances at the offices of the Company during the hours of 0830am to 400pm Monday to Friday except holidays The Company shall make available to the employees during normal business office hours receipt cards and credit card slips All credit card charges must be authorized

Drivers shall pay a fee of five (5) of all credit card charges that they redeem

Except as otherwise provided in this agreement all passengers shall be treated in a polite professional courteous and businesslike manner at all times by both the Owners Group and the employees

If requested a properly signed receipt shall be furnished by the owner for all payments made by the driver (If requested said receipt shall show a breakdown of all payments made by the driver and the dates for which they apply) For the purposes of this clause a numbered computer receipt shall be deemed to be signed

The employees who own their own vehicles whether or not they own their own license shall have absolute choice as to where their vehicle is to be repaired andor maintained

No employee either full-time or part-time shall abuse or mistreat any vehicle or equipment (ie roof sign radios meters and aerials)

The Owners Group agrees to work with the Union to lobby the City of Ottawa to allocate stands where necessary and appropriate

The Company agrees to provide the Union with the rules covering the stands controlled by concession agreements

Collective Agreement ccCompanyraquo Page 36

bull

2808 Subject to the provision of adequate insurance coverage all car owners shall be free to place a second driver or a third driver on their vehicles should they require without interference from the Company

2809

2810

2811

2812

2813

2814

In the event the Company refuses an individual employment as a second driver or as a third driver the Company agrees that such refusal may be the subject of a grievance and the onus of proof shall rest with the Company to show just cause for such refusal

The parties agree that no vehicle will have more than three (3) drivers at any one (1) time

The Company shall take reasonable steps to maintain all current concession agreements for the duration of this agreement The Company shall take all reasonable steps to obtain additional concession agreements

The Company shall have a phone line separate from the dispatch office so that drivers business people friends of the office staff may call through middot without having to tie up the dispatchers time The separate phone line may be used by the dispatch office during non-business hours

Time-off without rental fees or loss of seniority will be given to those members of the bargaining unit who are called for jury duty Rental driver(s) must park their rental vehicle(s) at the Companys premises should the jury duty go beyond three (3) days

The Company shall maintain a drivers waiting area As well the Company shall allow the drivers to use the telephone in the office for local calls only pursuant to the current past practice

In the event of an assessment to the CompanyOwners Group by WSIB in relation to the provision of WSIB benefits for the Bargaining unit personnel the CompanyOwners group and the Union agree to renegotiate in good faith the rates set out in Article 2703 Where the parties fail to reach agreement on the issue the matter shall be referred to an arbitrator for full and final settlement

When a customer complaint is received by the dispatcher the latter will advise the customer that an authorized representative of the Company will handle the complaint in an expeditious manner Upon request by the Union the Company shall provide a copy of the computer printout and all other relevant information including but not limited to any taped conversation related to the complaint being investigated The privacy of the customer is paramount and will at all times be respected

Collective Agreement ccCompanybullbull Page 37

2901 (a)

(b)

ARriCLE 29 BEREAVEMENT LEAVE

The Members of the Owners Group agree to grant affected employee(s) the necessary time off of up to four (4) days without fees at the time of death of the following relative(s) of said employee(s) father mother spouse (includes common-law) child brother sister mother andor fathershyin-law

The Members of the Owners Group further agree to grant to affected employees two (2) days without fees at the time of death of the following relatives of the employee sister andor brother-in-law and grandparent

ARTICLE 30 SOCIAL JUSTICE FUND

3001 The Company shall pay to the Union an amount of eight hundred ($80000) dollars per collective agreement year with such amounts being made payable to the CAW Social Justice Fund Inc Said amounts shall be paid by separate cheque by the last day of February in each year of this collective agreement A tax receipt shall be supplied to the Company on receipt of said amount

ARTICLE 31 SAFETY BANQUET

3101 The Company agrees to contribute seven hundred and fifty dollars ($75000) to the Unions annual Safety Banquet in each year of the Collective Agreement

SIGNED THIS DAY OF APRIL 15 2012

FORTH~

~~

Collective Agreement laquoCompanyraquo Page38

Collective Agreement laquoCompanyraquo Page39

SCHEDULE 11 A 11 LIST OF THE OWNERS GROUP

Coventry Connections Inc

Collective Agreement ccCompanyraquo Page40

SCHEDULE nan EXISTING CUSTOMS RIGHTS AND PRIVILEGES

1 There shall be no charge for the receipt cards

2 There shall be no charge for credit card vouchers subject to suppliers (third party) availability and conditions Should the Company pursue a course of action leading to Point of Sale terminals which usage will include Debit transactions Decremental Cards and Credit Cards there would be a charge for paper usage

3 The drivers shall choose their own working hours during their shift

4 Reasonable accommodation shall be given to payment of outstanding debts for accident(s) The following minimum payments are required

A) Up to $1 00000 - $ 1 000 per day

B) Over $100000- $2000 per day

Agreed to on the understanding that this does not apply to spare cars

Collective Agreement laquoCompanyraquo Page 41

SCHEDULE C RULES AND REGULATIONS

1 The following articles of clothing are not acceptable forms of attire at OJS

(a) Sweat pants and shorts except for dress shorts Dress shorts will be allowed from April to Labour Day Drivers caught wearing inappropriate shorts will be given one (1) warning and any future occurrence with regards to inappropriate shorts will cause them to lose the right to wear dress shorts for the duration of that season Shorts can be no shorter than three (3) inches above the knees

(b) T-shirts (except Union decaled T-shirt) without lapels tank tops and muscle s1middot1irts

NB Clothing andor other attire with obscenities profanities or sexually degrading remarks are not acceptable Hair must be clean and neat Faces must be clean-shaven or beards neatly trimmed Clothing must be tear and rip free with no visible patches and is to be cleaned and ironed as required Socks must be worn at all times with all types of footwear except for sandals

2 Drivers must be courteous and pleasant at all times and must conduct themselves in a professional business-like manner

3 There is to be no abusive foul language or gestures directed at customers or the general public

4 Consumption of alcohol or drugs will not be tolerated prior to the commencement of a shift andor while driving

5 There wiil be no arguing and fighting among drivers or other DJs personnel under any circumstances

6 No playing of cards or any other games of chance is allowed at any time when working This includes any form of gambling or betting on the air

7 Profanity or abusive language on the air or in your vehicle is prohibited at all times

8 Use of cell phone during the conveyance of a customer(s) is prohibited

9 Each taxicab and driver shall carry at all times a current street guide Drivers are to make proper use of this guide to avoid unnecessary air time

Collective Agreement ccCompanyraquo Page42

10 Deliveries are to be taken directly to the destination Running other fares while occupied on deliveries will not be permitted unless approved by the dispatcher

11 No messages between drivers are permitted Drivers will receive messages to call home spouse office union office partner or garage

In addition When an authorized Union rep asks the dispatcher to have a member of the bargaining unit call them for union business only this will be allowed and if necessary a phone number will be given

12 Picking up a fare while on the way to an accepted dispatch call will not be permitted

13 Drivers must allow 5 minutes wait at the customers pick-up address

14 Drivers shall take reasonable steps to ensure that they pickup only those fares that they are dispatched to Drivers must check with dispatcher for authorization before taking another fare from same address

15 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical breakdown emergency or any other reason(s) not herein listed the dispatcher shall reshydispatch the fare and suspend the driver for one (1) hour

16 Interference or jamming of the radio is a Federal offence and will not be tolerated

17 When necessary drivers must assist customers with handling of baggage and opening and closing of doors

18 No complaining to customers about short fares or time calls A list of regular short fares will be established and such fares shall be dispatched as Locals

19 At customers request music radio and other sound systems except for the twoshyway radio must be turned off

20 Driver must issue a receipt card upon request by customer Drivers signature must be clearly marked in the appropriate place on the receipt card There is no charge for the issuance of a receipt card

21 No new driver is to commence work until he has been briefed by OJS staff in the operating of our charge account system

22 Some of the guidelines in the operation of our charge account system are as follows

Collective Agreement laquoCompanyraquo Page43

(a) All charges are to be signed with car number (eg-DJ70) and date clearly written

(b) If the fare goes to more than one destination these other destinations are to be clearly marked on the reverse side of the chit

(c) Taxi chits to be signed by the customer and dollar value to be clearly marked

(d) Gift certificates which currently have a maximum value of $500 each are to be accepted at face value and change given as required

(e) Drivers must note on back of chit the drop offpick up address if it is different from address shown on face of chit

Drivers are prohibited from buying other drivers charges whether they be DJS drivers or other cab Companys charges Violation of this rule shall result in the following fines

1st offence -2d offence bull 3rd and subsequent offences-

$5000 per chit $10000 per chit $20000 per chit

plus the face value of each chitCredit Card in all cases

The parties agree that the above penalties are specific penalties within the meaning of the Ontario Labour Relations Act An Arbitrator shall not have the power to alter or modify any penalty imposed under this clause

(f) Drivers must accept all major credit cards approved by OJS Taxi

(g) Drivers are responsible for ensuring that all necessary information is clearly marked on charge vouchers as follows

bull Customers name and signature bull Card number (correct number of digits) bull Expiry date bull Drivers signature and car number (eg-DJ70) bull Ensure proper copies of charges are submitted to the Company for

processing bull No hand written major credit card sales drafts will be accepted

23 All cars are to be cleaned inside and out by 1000 am every day with due regard given to road and weather conditions

Collective Agreement Page44

24 All drivers must ensure that they have change for $2000 at all times and will not be removed from the sheet while getting change provided they are not called

25 No taxicab driver shall charge a passenger for

(a) The cost of proceeding to an establishment for change or

(b) Waiting time while a passenger obtains the change provided the bill presented for payment is of $2000 denomination or less

26 No vehicle to be left unattended with keys in the ignition

27 No person(s) unless authorized by the Company shall accompany the driver in the vehicle while heshe is occupied with a paying fare

28 Taxis must not be left unattended on a OJS taxi concession stand for more than ten (1 0) minutes

29 Only au~horized drivers with valid licenses can operate a taxi-licensed vehicle

30 Roof sign must be removed from vehicle when not on duty or involved in an accident

31 ALL DRIVERS ARE ADVISED THAT IT IS AGAINST THE LAW AND OJS TAXI COMPANY LIMITED POLICY TO REFUSE DOG GUIDES IN THEIR CABS REFUSAL WILL RESULT IN FINES AND DISCIPLINARY ACTION BY THE COMPANY

1st offence - 1 week suspension 2nd offence - 2 weeks suspension

3rd offence - Dismissal No longer working under the OJS roof sign

Accommodating Persons with Disabilities

The Management of OJS Taxi wishes to advise all its employees drivers and others operating under the OJS Taxi roof sign of the OJS Taxi policy with respect to blind passengers whether or not they use dog guides

Under the Blind Persons Rights Act of Ontario no person may either deny any person services customarily available to the public or discriminate against any person with respect to services available to the public for the reason that they are a blind person accompanied by a dog guide

Under the Ontario Human Rights Code every person has a right to equal treatment with respect to the supply of services which includes taxi services

Collective Agreement laquoCompanyraquo Page45

bull

without discrimination because of among other things a disability A disability includes any physical impairment such as being blind visually impaired deaf or hard of hearing

Guide Dogs and Taxi Services Many disabled persons are physically dependent on guide animals in their daily activities Canadians who are blind or visually impaired deaf or hard of hearing or who have other types of disabilities such as epilepsy are dependent on guide animals

Accommodation of these individuals necessitates that they be permitted to take their guide animals with them into taxi cabs Refusing to allow them to do so will infringe on their human rights and is against the Blind Persons Rights Act of Ontario and the Ontario Human Rights Code

This notice will simply repeat what should be apparent to you all that if a blind person with or without a dog guide is refused services by any OJS Taxi driver such actions will result in fines to the driver and other disciplinary action including the possibility of suspension by the Management of DJs Taxi Co Ltd

For more information regarding guide animals please review the attached pamphlet and information sheet published by Dog Guides Canada

Any inquiries concerning this policy should be directed to any member of the Management who will if it is required explain the policy to you

32 Drivers are not allowed in the dispatch office

33 All parking tickets will be paid by the rental driver responsible

34 In order to boost with Company owned taxicabs employees must request an obtain instruction from the garage manager or his designee on the proper method of boosting in order to reduce any risk of injury to the driver passenger and damage to the vehicle(s)

In the event of misuse employees at their discretion may be either disciplined in accordance with the principle of progressive discipline or have the option of reimbursing the Company for the cost of damaged parts

35 Any driver operating a taxi while his drivers license or taxi license is under suspension will be disciplined unless the driver can obtain written proof from the Ontario Ministry of Transport andor the appropriate taxi licensing authority that the driver did not receive evidence that hisher license was suspended or cancelled

36 When necessary or requested all elderly andor disabled customers are to be assisted in and out of taxicab at all times

Collective Agreement laquoCompanyraquo Page 46

37 No stealing fares

38 Drivers are not allowed to book no loads and run the fare

39 Drivers cannot refuse dispatched fares subject to article 1304 andor where the driver believes his safety or health is at risk

40 Failure to come to voice after two (2) requests by the Dispatch Supervisor will result in the Driver being suspended in the computer

41 Dispatch staff will not make phone calls for drivers unless it is an emergency situation

42 There shall be no personalization of any fares or trips placed through the Dispatch System of OJS Taxi except for returns east of but not including the Civic Hospital within the same twenty-four (24) hour period Where a return-call has been prearranged through the Dispatch System prior to the initial call being dispatched then the return-call cannot be personalized

43 Drivers will pay monies owed to the company by 400pm on the day that they are due No driver with an outstanding balance will be allowed to book on the sheet until their account is paid in full to the business office This means credited to their account and a receipt issued

44 Dispatchers shall give the line-up every thirty- (30) minutes except for the months of December January and February On implementation of the Computerized Dispatch this clause will be eliminated

45 All deliveries shall be given out as regular calls except where provided in this agreement and all employees shall have the option to refuse to deliver alcohol When a dispatcher requests a driver to call him for information concerning a delivery the dispatcher will first give the delivery address over the radio to ensure the delivery is being dispatched correctly

46 When drivers book out of their cars to attend scheduled complaint meeting appointments they shall be allowed to remain in their spot on the line up queue passed by for fares and treated by the dispatch as if they are no longer on the sheet

When the affected driver returns to his car and books back in he shall be returned to his position in the line up queue and given his next rightful fare

The maximum time a driver shall be allowed to book out for a complaint meeting is one half-hour

Collective Agreement laquoCompanyraquo Page 47

This rule shall only apply if the affected driver does not incur any discipline as a result of the complaint meeting

47 All cabs at DJS Taxi must have a mike clip and the clip must be used Drivers must pick up their mike when communicating

48 Drivers using vans as taxicabs must have and make use of (when requested or required) a portable step to assist passengers in and out of their vehicles

49 All taxicabs must be free of any body damage and any damage must be repaired within ninety- (90) days

50 Roof signs must be kept in good working order and condition with Company approved logo clearly visible front and rear

51 In order to ensure equipment is compatible with computer dispatch system all new radio equipment must be approved by the Company prior to installation

Collective Agreement laquoCompanyraquo Page48

SCHEDULE D CREDIT CARD POLICY amp PROCEDURES

DRIVERS MUST ACCEPT ALL COMPANY APPROVED CHARGES CREDIT AND DEBIT CARDS

DRIVERS MUST HAVE A POINT OF SALE UNIT AND A MANUAL PRINTER PER CURRENT BYLAW CITY OF OTTAWA

Due to the increased use of fraudulent Credit Cards by customers in taxicabs the following procedures have been developed to protect drivers from falling victim to Credit card fraud When accepting Credit cards the following rules must be followed

Credit and Debit Cards- the following rules must be followed

AUTHORIZATION OF ALL DEBIT AND CREDIT CARDS

All Credit Card slips must be authorized regardless of amount Verification is generally done after the fare is completed but verification of an estimated or known amount can be done prior to the completion of the trip if

bull The destination is beyond the radio coverage area bull The driver has reason(s) to suspect the validity of the card

INFORMATION REQUIRED FOR ACCEPTANCE OF DEBIT ANDOR CREDIT CARD SLIP FOR PAYMENT The completed Credit Card slip must contain all the following information

(a) Vehicle Number (pre-printed on POS slip if not to be written by hand at the bottom of the slip)

(b) Drivers ID Number and Initials (c) Amount of fare and gratuity (if applicable) (d) Authorization number (Pre-printed on POS slip) (e) Date of the fare (Pre-printed on POS slip) (f) The Debit or Credit Card must be swiped at all times (in the event that the

receipt does not print imprinting Credit Card only on manual imprinter is acceptable with customers signature but the imprint of the card number has to be clear) In the case of a swiped transaction part of the card number will display per Credit and Debit Card industry rules

(g) Customers signature clearly written (Credit Card only) marked TRANSACTION COPY We will accept the CUSTOMER COPY as long as it has the customers signature Debit POS slips are to be submitted marked TRANSACTION COPY NO SIGNATURE IS REQUIRED

Collective Agreement laquoCompanyraquo Page49

DISPUTES BY A CUSTOMER

Should a debit or credit card slip be disputed by the customer their bank or other financial institution the company will investigate If such investigation proves fraud or error by the driver the driver will be charged back for the full amount of the charge

If the disputed transaction was processed on a non-company unit a $500 plus HST charge plus the value of the charge will be debited to the drivers account The Company will refund the customer for the value of the charge

Should a customer andor driver report that the charge has been approved more than once the Company will investigate The Company does not allow any refunds in the taxicab Drivers can void a transaction but this must be done before Batch Closing the transaction A Void can only be done in the presence of the customer as the card (debit or credit) must be present The driver can then re-swipe the card for the correct amount The Company publishes a toll free number for customers or drivers to call with any concerns about a transaction If a customer has been charged more than once for the incorrect amount the following procedures apply

Credit Card

The Company will verify that the customer was charged multiple times or has been over-charged and issue a refund as necessary The Company will send a copy to the customer upon request All refunds are processed on a Point of Sale unit or Virtual Merchant (on-line) The Company may contact the driver to determine the validity of the customers details

Debit Card

The Company will verify that the customer was charged multiple times or has been overcharged and issue a cheque refund as necessary The Company keeps a copy of the cheque issued

GENERAL INFORMATIONGUIDELINES

1 If the driver has overcharged the customer and has been paid the incorrect amount the Company will adjust the drivers account and provide a receipt The Company maintains a log in the even there is a dispute by the driver or the customer If the driver reports the overcharge that is logged on a Customer Incident Form which has a Control Number

2 Hand written Credit Cards will not be accepted All Credit Cards must be passed through a manual imprinter which clearly shows the full credit card number If the credit card number is not clear and cannot be authorized

Collective Agreement laquoCompany Page 50

the driver will face debitchargeback of the amount as it cannot be authorized

3 The only Credit Cards accepted by Taxitab a division of Coventry Connections Inc are

i Visa ii Mastercard iii American Express

Note Visa Mastercard and American Express all issue prepaid credit cards these are all accepted

4 Taxitab a Division of Coventry Connections accepts Debit Cards for Canadian Financial Institutions Debit Cards for foreign banks may not

work on the unit Visa Mastercard have commenced issuing Debit Cards these are all accepted These cards are clearly marked on the face of the card with the Visa and Mastercard logos

5 The following items are to be checkedverified by the driver upon presentation of a Credit Car (a to d) Debit Card (d only)

CHECK LIST

(a) Expiry Date Ensure the card is valid Check to be sure that the Card is not being used beyond the expiry date printed on the card If the card is expired refuse to accept it

(b) Altered Cards Check to see if the card has been noticeably altered in any way If it has been refuse to accept it

(c) Card holders name and signature Check that the signature on the Credit Card slip is the same name printed on the card At the same time check that the signature is the same as the signature on the rear of the card If there is no signature on the rear of the card ask the customer to sign it as you are required to check this

If in doubt ask to see some other form of identification (preferably one with a picture and signature) that ensures that the person using the card is who they say they are

(d) Amount of fare and gratuity (if applicable) The amount of the Debit or Credit card slip must be equal to the amount of the fare and the gratuity (where applicable) Each amount should be entered in their respective places and only by the customer unless otherwise directed In the case of a Debit Card customer must always enter their PIN number to

Collective Agreement ltbullCompany Page 51

authorize the card Drivers must remind customer that the TIP field comes first followed by the PIN number

(e) $150 Surcharge

Debit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated by the City of Ottawa By-Law The $150 charge is prompted by the point of sale unit automatically The Driver receives 65cent of the $150 for every transaction

Credit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated in the City of Ottawa By-Law The $150 charge is NOT prompted by the point of sale unit automatically The driver adds the $150 to the metered amount and enters this total in the base amount field

6 CAUTIONS

7

(a)

(b)

(c)

Bank Card only have the Bank name on the card

Credit Cards are identified by the VISA MASTERCARD AMERICAN EXPRESS OR DINERS CLUB-ENROUTE symbols Only Cards with these symbols will be accepted

Credit Cards will have a holographic image on the face of the card

CASH ADVANCES

The use of Credit Cards for cash advances in the taxicab is not permitted Credit Cards must only be used in the taxicab for paying for an actual fare Anyone using a Credit Card in a taxicab to obtain cash advance is most likely using a stolen or fraudulent card

8 OUT OF TOWN FARES

For the drivers protection it is suggested that for fares going out of town and the customer wishes to pay by Credit Card it is recommended that the driver authorize the fare at the beginning of the trip (dispatcher can give an estimated amount) If there is a difference process the difference at the end of the trip There is a pre-authorization feature available for Credit Card only on the Point of Sale unit The Company can activate this on driver request but the driver must be

Collective Agreement ccCompany)) Page 52

bull

9

given correct training for this There are several steps involved with pre-authorization that must be followed before batch closing

BATCH CLOSING

Drivers must close transaction in the terminals at the end of their shift Credit Card authorizations only remain in the terminal for five (5) days after that the processor closes them automatically Drivers must batch close all credit cards no later than four (4) days in order for the items to appear on the batch close report

Batch Close reports will print separately for Debit and Credit Cards and list the details of the transactions in the terminals showing the card type and the last four (4) digits of the card involved This Batch close cannot be reprinted drivers must hold on to them Attach the slips to the Batch Close and bring to the cashier The cashier will verify the attached slips are on the batch close and proceed to pay or credit the driver assuming all slips are authorized and complete (as discussed above under (1) Authorization Procedures)

The following circumstances regarding Batch Closes will apply

(i) Batch Close with All Debit and Signed Credit Card slips- Driver will be paid or credited at time of presentation at a cashiering station

(ii) Batch Close- No Debit Slips if the batch close shows a Debit Slip and the driver has misplaced or lost the slip the Driver will be paid or credited at the time of presentation at a cashiering station

(iii) Batch Close No Credit Card Slip- No Slip No Payment at time of cashiering (driver is to go to Driver Admin in this instance) If the driver has a signed manual slip and the last 4 numbers of the card match those on the batch close the slip will be accepted by the cashier

NO BATCH CLOSE REPORT -If a Driver has lost or misplaced Batch Close report the Driver is to go straight to Driver Admin (not cashiering) The Driver is to bring the receipts (if there is a credit card slip with no signature there is a separate procedure for this below) he has for which he has not batch close Driver Admin will initiate a Batch Close Incident Report which has a Control Number for future reference The Procedure is as follows

(i) Driver Admin to Photocopy all Slips and write the Control from the Batch Close Incident Form on the photocopy and date the sheet The

Collective Agreement ccCompanyraquo Page 53

bull

bull

Driver is to keep this in the event of a dispute or apparent nonshypayment in account

(ii) Driver Admin will complete the top copy of the report attach a copy of the slips The Driver will complete the bottom part of the report and sign it

(iii) Management will need 72 hours (three business days) from the date of Incident Report to investigate the transaction has been settled in the POS unit

(iv) Providing Management confirms the transaction is complete the slips will be credited to the Drivers account and a receipt will be printed A copy of the receipt is attached to the Batch Close Incident Report The Control from the Form is entered when the the amount is credited for reference A receipt can be printed at that time by cashier

(v) In the event that a driver does not have a Batch Close and presents a credit card slip with no signature the following will apply

(vi) If the Driver experiences a problem with the Batch Close or operation of the unit the Driver is to bring the unit to the office during normal hours Management will investigate the issue and call Driver to reshyissue the unit completing paperwork for the replacement unit which the driver will sign

Any driver attempting to defraud a customer by processing a debit or credit slip more than once will be terminated

Collective Agreement laquoCompany)) Page 54

bull

bull

SCHEDULE E STOLEN FARE POLICY

Whenever the Dispatch Supervisor receives a complaint that a fare either dispatched to the complainant or from within the same block of taxi standconcession on which the complainant is parked has been stolen and the identification of the accused is made known the Supervisor shall

(a) Bring the accused to voice and notify himher of the allegations

(b) Inform the complainant that a deposit of forty dollars ($4000) must accompany his accusation and to be deposited within one (1) hour of the complaint Where applicable inform the complainant that the accused wishes to challenge the allegations and the date and time of the hearing shall be known to both parties

(c) A failure of either party to attend the hearing will result in an additional fine of forty dollars ($4000) to be paid within sixty (60) minutes of the conclusion of the hearing or a suspension ob the absent party until payment is received

(d) Inform the accused of the available options

(i) Arrange for repayment of the fare in its entirety to a minimum of forty dollars ($4000) to the complainant a Union representative or the Company on behalf of the complainant within sixty (60) minutes or

(ii) If the allegation is being denied and the accused wishes to refute it forty dollars ($4000) must be deposited at the dispatch office within sixty (60) minutes with a notification to the Dispatch Supervisor that the allegation is being challenged

Where the accused fails to respond to two (2) voice messages or refuses to comply with (c) the accused shall have dispatch services suspended until in compliance or the Company receives instructions from a Union Representative to do otherwise

The penalty for a wrongful accusation is the payment of forty dollars ($4000) to the accused by the accuser in addition to the return of the accuseds deposited payment

It is understood and agreed that the action(s) of the Dispatch Supervisor(s) in the compliance of this Policy is not to be construed as a determination of who is the guilty party In all disputes regarding stolen fares the Committee shall make the final determination with respect to guilt

Collective Agreement laquoCompany Page 55

bull

bull

Note Such fare(s) will not be considered as Stolen Fare(s) if picked up by driver(s) arriving on the Concession(s)Taxi Stand(s) prior the driver(s) who accepted the dispatched fare(s)

Collective Agreement ((Company Page 56

bull bull

APPENDIX 1

PLATE CAR LESSEE IND START LESSEE START

1 1027 5027 ADAM GRANT 1 91111986 111987

2 1015 5015 TIMS VAUGHN 411995 411995

3 1043 5043 MARTON FERENC G 10251995 10251995

4 1050 5050 DUBOIS JOHN 12111994 311996

5 1048 5048 SUNIL JOSHI 1111994 711996

6 1030 5030 SLIM MOHAMED 711996 7111996

7 1041 5041 JAMALEDDINE ZAHER 911996 911996

8 1040 5040 MAHEUX FRANK 11151996 181997

9 1109 1 5109 ASTLEY JAMES 1011994 1131997

10 1045 5045 MELHEM SAMIR 1211996 9211997

11 1028 5028 LABINE ANTHONY 10151980 11281997

12 1054 5054 ELmiddotNEMER NEMER 11131997 21271998

13 1113 5113 WEAGANT BROCK C 82211988 3131998

i

14 1039 5039 SOBH HAC HEM 11171997 5111998

15 1044 1 5044 MOUFARREJ RAYMOND 10241996 1161998

16 1042 5042 MCCONVILLE BILL 311992 11111998

17 1107 5107 GIANNAKOS LOUIS I 9111997 491999

18 1026 5026 VERMA LALIT 51261996 5311999

19 1033 5033 MITCHELL BRUCE 111987 9301999

i

20 1108 5108 PAPPAS CHRISTINE 121111991 1041999

rmiddot 1014 5014 NYTRA BEDRICH 961996 3302000

22 1000 5000 ABOUmiddotARRAG SAM I 611997 7132000

23 1038 5038 MUNROE JOHN 1111977 492001

24 1022 5022 RADULESCU GELU 611999 5232002

25 1139 5139 HASSOUN I MOUFID 71211999 8152002

26 1006 5006 SADER I GHASSAN 6211999 292004

27 1029 5029 CLAYTON GREG 911980 21132004

Collective Agreement ccCompany Page 57

bull

28 1034 5034 IBRAHIM 12301995 4302004

29 1037 5037 ABDALLA HASSAN I 3312000 2202006

30 1010 5010 HASSOUN AD NAN 8272001 312006

31 1031 MASSOUD 1241998 312006

32 1 1o35 5035 JANCO 911992 362006

1 33 1036 5036 SINGH BALWANT 92211999 3172006

Collective Agreement ltltCompanyraquo Page 58

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 33: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

2310

2311

(a)

(b)

(c)

2312

Leasing agreements must be entered into provided they do not conflict with the terms of this Agreement

Without limiting the generality of 2310 in any way whatsoever a leasing agreement shall contain the following provisions

The lease shall terminate automatically for failure to fuHill any term of the lease including but not limited to failure by the lessee to fulfill any financial obligation or failure by the lessee to obtain replacement insurance in the event of cancellation of insurance

The lessee shall be the principal driver of the taxi vehicle which is attached to the taxi license plate

This Collective Agreement between the parties shall be the entire agreement and there shall be no other fee condition or other obligation except those set out in the Collective Agreement

All leased plates shall remain as such and shall not be converted to rental vehicles for the duration of this Agreement provided there are persons willing to leased said plates

ARTICLE 24 GRIEVANCE PROCEDURE

2401 A grievance shall include any issue regarding the interpretation administration application or alleged violation of this agreement It is the mutual desire of the parties that complaints of the drivers be adjusted as quickly as possible To that end the parties have adopted the following grievance procedure

STEP 1 A driver may bring his complaint to the Supervisor of the Members of the Owners Group If the driver does bring his complaint to the Supervisor he must do so within twenty (20) days of the incident or of he having knowledge of this incident giving rise to the complaint Where the complaint is brought forward it must be given to the Supervisor and the Supervisor shall reply within two (2) working days

STEP 2 Failing settlement of the complaint at Step 1 or where the driver has chosen not to avail himself of Step 1 the driver must file the grievance in writing within twenty (20) days of the incident or omiddotf he having knowledge of this incident giving rise to the grievance The grievance must be referred to the Member of the Owners Group claimed to be responsible andor any other person designated by the Member of the Owners Group Grievances shall be dealt with at the Step 2 meeting which shall be scheduled on the 3rd Wednesday of every month This monthly Step 2

Collective Agreement ccCompanyraquo Page 31

meeting shall be one meeting held at the Companys office Where the grievance involves the discharge of a driver the parties agree to meet within ten (1 0) working days of the filing of the grievance A representative of the Union shall be present at all step 2 meetings The Member of the Owners Group must respond within three (3) working days of the meeting

2402 Should a group grievance or a Union or policy grievance develop it shall be filed at Step 2 within twenty-five (25) days of the incident giving rise to the grievance or of the drivers or Union having knowledge of this incident

2403 Failing settlement under the above the matter in dispute may be taken to arbitration in accordance with article 26

2404 Drivers employed by single plate owners and single plate lessees may not grieve matters or disputes arising between the driver and the single plate owner or single plate lessee A committee shall be set up and made up of equal numbers of Uniondriver and Company personnel to assist in resolving disputes between the drivers and single plate owner and single plate lessee The committee shall have the power to determine a procedure to be followed as well as to determine fault and penalties

ARTICLE 25 ARBIrRATION

2501 After exhausting the provisions of the grievance procedure either of the parties may submit a grievance to arbitration either expedited or formal in writing within thirty (30) days of the Step 2 reply or if there is no reply within thirty (30) days after the expiration of the time limits to provide a reply

2502 Unless otherwise mutually agreed by the parties all grievances referred to arbitration not relating to an indefinite suspension a discharge or any separation of employment or to the interpretation of the collective agreement group grievances and policy grievances shall be referred to the expedited process

Grievances referred to arbitration in respect of indefinite suspensions discharge or separation of employment for any reason or to the interpretation of the collective agreement and group grievances may only be referred to this expedited process by the mutual agreement of the parties

2503 Within fourteen (14) days after notice has been given that the grievance will proceed to formal arbitration the parties shall meet and agree on a single arbitrator If the parties cannot agree on an arbitrator within this time limit either party may request the Minister of Labour to appoint an

Collective Agreement laquoCompanyraquo Page32

arbitrator and this appointment shall be binding on both parties In respect of the cost of arbitration of formal grievances the parties shall share equally the fee and expenses of the sole arbitrator

2504 The formal arbitrator shall have the right to exercise all the powers provided by the Labour Relations Act as amended from time to time

2505 The Arbitrator must hand down a written decision within sixty (60) days of the date of the hearing

2506 As an alternative to the formal arbitration process set out in the foregoing paragraphs a grievance may be referred to a previously agreed-upon person who shall hear the grievance and who shall at the conclusion of the hearing give a decision immediately Such decisions may not be used to alter modify or amend any part of the collective agreement and are made without precedent or prejudice to similar or like cases Such a decision shall be final and binding upon both parties and no further action may be taken on that grievance by any means whatsoever

2507 To maintain the efficiency of this expedited process the parties shall schedule a minimum of one (1) day of arbitration every three- (3) months except in those circumstances where either party deems it necessary to schedule the arbitrator more frequently

2508 The parties shall share equally the fee and expenses of the persons selected to hear the expedited arbitration cases

2509 At all expedited arbitration hearings the Company or Member of the Owners Group shall be represented by a member of their management and the Union shall be represented by a Union staff representative or an officersteward of the Local Union

2510 The Union shall forward to the representative of the Member of the Owners Group a list of the expedited grievances to be heard on the day or days scheduled for the hearing of grievances according to the expedited arbitration procedure The aforementioned list shall be forwarded to the representative of the Member of the Owners Group no later than ten (10) working days in advance of the hearing unless otherwise mutually agreed

2511 By exception a party may call one (1) witness at an expedited arbitration

2512 Prior to proceeding to formal or expedited arbitration and at least thirty (30) days prior to the date of arbitration the parties may upon mutually agreement request that any grievance be referred to a mediator to act as a grievance mediation officer for the purpose of attempting to

Collective Agreement laquoCompanyraquo Page33

mediate a settlement of the grievance The parties shall share equally the fee and expenses of this officer

ARTICLE 26 TAXI PACKAGE

2601 The employer shall provide to the rental driver at no extra cost motor vehicle insurance with a collision provision deductible not exceeding $50000 for each accident at fault

The Owners Group shall also provide to the rental driver at no extra cost comprehensive coverage with zero (0) deductible including but not limited to fire and theft It is agreed and understood that comprehensive coverage does not cover driver added equipment

2602 Each rental driver shall be supplied for a daily twelve (12) or twenty-four (24) hour period at no extra cost a roadworthy safe sedan four (4) door taxicab with proper weather resistant tires for all seasons and with a seating capacity for not less than four (4) passengers containing

2701

2702

2703

1 A roof sign 2 A sealed taxi meter 3 A two-way radio 4 A full size spare tire subject to space limitations 5 A tire tool 6 A jack 7 A mike clip 8 A full tank of gas at start date 9 Air conditioning on replacement vehicle where possible 10 An electric rear window defroster or blower

Any equipment owned by the Owners Group that becomes inoperative shall be repaired as soon as possible

ARTICLE 27 RENTAL CHARGES AND TERMS OF AGREEMENT

This agreement shall take effect upon ratification and be binding on both parties for three (3) years and shall continue for annual periods of one year each unless either party gives at least one hundred and twenty (120) days notice that it wishes to amend this agreement

It is agreed and understood that this agreement will remain in full force and effect until amended by negotiations

Rates shall be as follows

Collective Agreement laquoCompanyn Page 34

712011 712012 712013

Stand Rent (monthly) $43900 $45000 $45900

Plate Rent (monthly) $71926 $75000 $75960

Daily Car Rental 24 hr Regular Plated $9700 $9700 $9700

24 hr Accessible Plated $10500 $10500 $10500 12 hr Regular Plated $6700 $ 6700 $6700

12 hr Accessible Plated middot $8300 $8300 $8300

Credit Card Transaction 50 50 50

Debit Card (per) Transaction $065 $065 $065 (To the Driver)

POS Rental Fee (monthly) $800 $800 $800

POS Insurance (monthly) $300 $300 $300

Note The above rates do not include HST

Note For purposes of car rental rates the weekly rents shall be six (6) times the daily rent

Note It is recommended that drivers use Company supplied POS machines and systems

2704 Employees shall pay all monies owed to the Company in the following manner Monthly By the 5th business day of the month

2705 Any employee failing to pay monies by the above dates and times shall be suspended and not reinstated until the monies are paid in full and credited to their account

2706 Employees shall be entitled to pay their rents to the company by company approved charges cash and cheque - provided the employee has at least one (1) year of seniority

Employee(s) who have one (1) cheque returned NSF shall be suspended immediately upon the company receiving notification from the

Collective Agreement ((Company Page35

bank shall lose such privilege for twelve (12) months and shall be charged the appropriate charges

ARriCLE 28 GENERAL

2801 The Company and drivers shall maintain its internal company charge system and accept major credit cards which currently include Visa Mastercard American Express and Diners Cluben Route as approved by the Company

2802

2803

2804

2805

2806

2807

This system shall continue for the duration of this Agreement so long as external factors outside the Companys control do not prevent the Company from doing so Drivers shall be entitled to cash their charges provided they do not have any outstanding balances at the offices of the Company during the hours of 0830am to 400pm Monday to Friday except holidays The Company shall make available to the employees during normal business office hours receipt cards and credit card slips All credit card charges must be authorized

Drivers shall pay a fee of five (5) of all credit card charges that they redeem

Except as otherwise provided in this agreement all passengers shall be treated in a polite professional courteous and businesslike manner at all times by both the Owners Group and the employees

If requested a properly signed receipt shall be furnished by the owner for all payments made by the driver (If requested said receipt shall show a breakdown of all payments made by the driver and the dates for which they apply) For the purposes of this clause a numbered computer receipt shall be deemed to be signed

The employees who own their own vehicles whether or not they own their own license shall have absolute choice as to where their vehicle is to be repaired andor maintained

No employee either full-time or part-time shall abuse or mistreat any vehicle or equipment (ie roof sign radios meters and aerials)

The Owners Group agrees to work with the Union to lobby the City of Ottawa to allocate stands where necessary and appropriate

The Company agrees to provide the Union with the rules covering the stands controlled by concession agreements

Collective Agreement ccCompanyraquo Page 36

bull

2808 Subject to the provision of adequate insurance coverage all car owners shall be free to place a second driver or a third driver on their vehicles should they require without interference from the Company

2809

2810

2811

2812

2813

2814

In the event the Company refuses an individual employment as a second driver or as a third driver the Company agrees that such refusal may be the subject of a grievance and the onus of proof shall rest with the Company to show just cause for such refusal

The parties agree that no vehicle will have more than three (3) drivers at any one (1) time

The Company shall take reasonable steps to maintain all current concession agreements for the duration of this agreement The Company shall take all reasonable steps to obtain additional concession agreements

The Company shall have a phone line separate from the dispatch office so that drivers business people friends of the office staff may call through middot without having to tie up the dispatchers time The separate phone line may be used by the dispatch office during non-business hours

Time-off without rental fees or loss of seniority will be given to those members of the bargaining unit who are called for jury duty Rental driver(s) must park their rental vehicle(s) at the Companys premises should the jury duty go beyond three (3) days

The Company shall maintain a drivers waiting area As well the Company shall allow the drivers to use the telephone in the office for local calls only pursuant to the current past practice

In the event of an assessment to the CompanyOwners Group by WSIB in relation to the provision of WSIB benefits for the Bargaining unit personnel the CompanyOwners group and the Union agree to renegotiate in good faith the rates set out in Article 2703 Where the parties fail to reach agreement on the issue the matter shall be referred to an arbitrator for full and final settlement

When a customer complaint is received by the dispatcher the latter will advise the customer that an authorized representative of the Company will handle the complaint in an expeditious manner Upon request by the Union the Company shall provide a copy of the computer printout and all other relevant information including but not limited to any taped conversation related to the complaint being investigated The privacy of the customer is paramount and will at all times be respected

Collective Agreement ccCompanybullbull Page 37

2901 (a)

(b)

ARriCLE 29 BEREAVEMENT LEAVE

The Members of the Owners Group agree to grant affected employee(s) the necessary time off of up to four (4) days without fees at the time of death of the following relative(s) of said employee(s) father mother spouse (includes common-law) child brother sister mother andor fathershyin-law

The Members of the Owners Group further agree to grant to affected employees two (2) days without fees at the time of death of the following relatives of the employee sister andor brother-in-law and grandparent

ARTICLE 30 SOCIAL JUSTICE FUND

3001 The Company shall pay to the Union an amount of eight hundred ($80000) dollars per collective agreement year with such amounts being made payable to the CAW Social Justice Fund Inc Said amounts shall be paid by separate cheque by the last day of February in each year of this collective agreement A tax receipt shall be supplied to the Company on receipt of said amount

ARTICLE 31 SAFETY BANQUET

3101 The Company agrees to contribute seven hundred and fifty dollars ($75000) to the Unions annual Safety Banquet in each year of the Collective Agreement

SIGNED THIS DAY OF APRIL 15 2012

FORTH~

~~

Collective Agreement laquoCompanyraquo Page38

Collective Agreement laquoCompanyraquo Page39

SCHEDULE 11 A 11 LIST OF THE OWNERS GROUP

Coventry Connections Inc

Collective Agreement ccCompanyraquo Page40

SCHEDULE nan EXISTING CUSTOMS RIGHTS AND PRIVILEGES

1 There shall be no charge for the receipt cards

2 There shall be no charge for credit card vouchers subject to suppliers (third party) availability and conditions Should the Company pursue a course of action leading to Point of Sale terminals which usage will include Debit transactions Decremental Cards and Credit Cards there would be a charge for paper usage

3 The drivers shall choose their own working hours during their shift

4 Reasonable accommodation shall be given to payment of outstanding debts for accident(s) The following minimum payments are required

A) Up to $1 00000 - $ 1 000 per day

B) Over $100000- $2000 per day

Agreed to on the understanding that this does not apply to spare cars

Collective Agreement laquoCompanyraquo Page 41

SCHEDULE C RULES AND REGULATIONS

1 The following articles of clothing are not acceptable forms of attire at OJS

(a) Sweat pants and shorts except for dress shorts Dress shorts will be allowed from April to Labour Day Drivers caught wearing inappropriate shorts will be given one (1) warning and any future occurrence with regards to inappropriate shorts will cause them to lose the right to wear dress shorts for the duration of that season Shorts can be no shorter than three (3) inches above the knees

(b) T-shirts (except Union decaled T-shirt) without lapels tank tops and muscle s1middot1irts

NB Clothing andor other attire with obscenities profanities or sexually degrading remarks are not acceptable Hair must be clean and neat Faces must be clean-shaven or beards neatly trimmed Clothing must be tear and rip free with no visible patches and is to be cleaned and ironed as required Socks must be worn at all times with all types of footwear except for sandals

2 Drivers must be courteous and pleasant at all times and must conduct themselves in a professional business-like manner

3 There is to be no abusive foul language or gestures directed at customers or the general public

4 Consumption of alcohol or drugs will not be tolerated prior to the commencement of a shift andor while driving

5 There wiil be no arguing and fighting among drivers or other DJs personnel under any circumstances

6 No playing of cards or any other games of chance is allowed at any time when working This includes any form of gambling or betting on the air

7 Profanity or abusive language on the air or in your vehicle is prohibited at all times

8 Use of cell phone during the conveyance of a customer(s) is prohibited

9 Each taxicab and driver shall carry at all times a current street guide Drivers are to make proper use of this guide to avoid unnecessary air time

Collective Agreement ccCompanyraquo Page42

10 Deliveries are to be taken directly to the destination Running other fares while occupied on deliveries will not be permitted unless approved by the dispatcher

11 No messages between drivers are permitted Drivers will receive messages to call home spouse office union office partner or garage

In addition When an authorized Union rep asks the dispatcher to have a member of the bargaining unit call them for union business only this will be allowed and if necessary a phone number will be given

12 Picking up a fare while on the way to an accepted dispatch call will not be permitted

13 Drivers must allow 5 minutes wait at the customers pick-up address

14 Drivers shall take reasonable steps to ensure that they pickup only those fares that they are dispatched to Drivers must check with dispatcher for authorization before taking another fare from same address

15 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical breakdown emergency or any other reason(s) not herein listed the dispatcher shall reshydispatch the fare and suspend the driver for one (1) hour

16 Interference or jamming of the radio is a Federal offence and will not be tolerated

17 When necessary drivers must assist customers with handling of baggage and opening and closing of doors

18 No complaining to customers about short fares or time calls A list of regular short fares will be established and such fares shall be dispatched as Locals

19 At customers request music radio and other sound systems except for the twoshyway radio must be turned off

20 Driver must issue a receipt card upon request by customer Drivers signature must be clearly marked in the appropriate place on the receipt card There is no charge for the issuance of a receipt card

21 No new driver is to commence work until he has been briefed by OJS staff in the operating of our charge account system

22 Some of the guidelines in the operation of our charge account system are as follows

Collective Agreement laquoCompanyraquo Page43

(a) All charges are to be signed with car number (eg-DJ70) and date clearly written

(b) If the fare goes to more than one destination these other destinations are to be clearly marked on the reverse side of the chit

(c) Taxi chits to be signed by the customer and dollar value to be clearly marked

(d) Gift certificates which currently have a maximum value of $500 each are to be accepted at face value and change given as required

(e) Drivers must note on back of chit the drop offpick up address if it is different from address shown on face of chit

Drivers are prohibited from buying other drivers charges whether they be DJS drivers or other cab Companys charges Violation of this rule shall result in the following fines

1st offence -2d offence bull 3rd and subsequent offences-

$5000 per chit $10000 per chit $20000 per chit

plus the face value of each chitCredit Card in all cases

The parties agree that the above penalties are specific penalties within the meaning of the Ontario Labour Relations Act An Arbitrator shall not have the power to alter or modify any penalty imposed under this clause

(f) Drivers must accept all major credit cards approved by OJS Taxi

(g) Drivers are responsible for ensuring that all necessary information is clearly marked on charge vouchers as follows

bull Customers name and signature bull Card number (correct number of digits) bull Expiry date bull Drivers signature and car number (eg-DJ70) bull Ensure proper copies of charges are submitted to the Company for

processing bull No hand written major credit card sales drafts will be accepted

23 All cars are to be cleaned inside and out by 1000 am every day with due regard given to road and weather conditions

Collective Agreement Page44

24 All drivers must ensure that they have change for $2000 at all times and will not be removed from the sheet while getting change provided they are not called

25 No taxicab driver shall charge a passenger for

(a) The cost of proceeding to an establishment for change or

(b) Waiting time while a passenger obtains the change provided the bill presented for payment is of $2000 denomination or less

26 No vehicle to be left unattended with keys in the ignition

27 No person(s) unless authorized by the Company shall accompany the driver in the vehicle while heshe is occupied with a paying fare

28 Taxis must not be left unattended on a OJS taxi concession stand for more than ten (1 0) minutes

29 Only au~horized drivers with valid licenses can operate a taxi-licensed vehicle

30 Roof sign must be removed from vehicle when not on duty or involved in an accident

31 ALL DRIVERS ARE ADVISED THAT IT IS AGAINST THE LAW AND OJS TAXI COMPANY LIMITED POLICY TO REFUSE DOG GUIDES IN THEIR CABS REFUSAL WILL RESULT IN FINES AND DISCIPLINARY ACTION BY THE COMPANY

1st offence - 1 week suspension 2nd offence - 2 weeks suspension

3rd offence - Dismissal No longer working under the OJS roof sign

Accommodating Persons with Disabilities

The Management of OJS Taxi wishes to advise all its employees drivers and others operating under the OJS Taxi roof sign of the OJS Taxi policy with respect to blind passengers whether or not they use dog guides

Under the Blind Persons Rights Act of Ontario no person may either deny any person services customarily available to the public or discriminate against any person with respect to services available to the public for the reason that they are a blind person accompanied by a dog guide

Under the Ontario Human Rights Code every person has a right to equal treatment with respect to the supply of services which includes taxi services

Collective Agreement laquoCompanyraquo Page45

bull

without discrimination because of among other things a disability A disability includes any physical impairment such as being blind visually impaired deaf or hard of hearing

Guide Dogs and Taxi Services Many disabled persons are physically dependent on guide animals in their daily activities Canadians who are blind or visually impaired deaf or hard of hearing or who have other types of disabilities such as epilepsy are dependent on guide animals

Accommodation of these individuals necessitates that they be permitted to take their guide animals with them into taxi cabs Refusing to allow them to do so will infringe on their human rights and is against the Blind Persons Rights Act of Ontario and the Ontario Human Rights Code

This notice will simply repeat what should be apparent to you all that if a blind person with or without a dog guide is refused services by any OJS Taxi driver such actions will result in fines to the driver and other disciplinary action including the possibility of suspension by the Management of DJs Taxi Co Ltd

For more information regarding guide animals please review the attached pamphlet and information sheet published by Dog Guides Canada

Any inquiries concerning this policy should be directed to any member of the Management who will if it is required explain the policy to you

32 Drivers are not allowed in the dispatch office

33 All parking tickets will be paid by the rental driver responsible

34 In order to boost with Company owned taxicabs employees must request an obtain instruction from the garage manager or his designee on the proper method of boosting in order to reduce any risk of injury to the driver passenger and damage to the vehicle(s)

In the event of misuse employees at their discretion may be either disciplined in accordance with the principle of progressive discipline or have the option of reimbursing the Company for the cost of damaged parts

35 Any driver operating a taxi while his drivers license or taxi license is under suspension will be disciplined unless the driver can obtain written proof from the Ontario Ministry of Transport andor the appropriate taxi licensing authority that the driver did not receive evidence that hisher license was suspended or cancelled

36 When necessary or requested all elderly andor disabled customers are to be assisted in and out of taxicab at all times

Collective Agreement laquoCompanyraquo Page 46

37 No stealing fares

38 Drivers are not allowed to book no loads and run the fare

39 Drivers cannot refuse dispatched fares subject to article 1304 andor where the driver believes his safety or health is at risk

40 Failure to come to voice after two (2) requests by the Dispatch Supervisor will result in the Driver being suspended in the computer

41 Dispatch staff will not make phone calls for drivers unless it is an emergency situation

42 There shall be no personalization of any fares or trips placed through the Dispatch System of OJS Taxi except for returns east of but not including the Civic Hospital within the same twenty-four (24) hour period Where a return-call has been prearranged through the Dispatch System prior to the initial call being dispatched then the return-call cannot be personalized

43 Drivers will pay monies owed to the company by 400pm on the day that they are due No driver with an outstanding balance will be allowed to book on the sheet until their account is paid in full to the business office This means credited to their account and a receipt issued

44 Dispatchers shall give the line-up every thirty- (30) minutes except for the months of December January and February On implementation of the Computerized Dispatch this clause will be eliminated

45 All deliveries shall be given out as regular calls except where provided in this agreement and all employees shall have the option to refuse to deliver alcohol When a dispatcher requests a driver to call him for information concerning a delivery the dispatcher will first give the delivery address over the radio to ensure the delivery is being dispatched correctly

46 When drivers book out of their cars to attend scheduled complaint meeting appointments they shall be allowed to remain in their spot on the line up queue passed by for fares and treated by the dispatch as if they are no longer on the sheet

When the affected driver returns to his car and books back in he shall be returned to his position in the line up queue and given his next rightful fare

The maximum time a driver shall be allowed to book out for a complaint meeting is one half-hour

Collective Agreement laquoCompanyraquo Page 47

This rule shall only apply if the affected driver does not incur any discipline as a result of the complaint meeting

47 All cabs at DJS Taxi must have a mike clip and the clip must be used Drivers must pick up their mike when communicating

48 Drivers using vans as taxicabs must have and make use of (when requested or required) a portable step to assist passengers in and out of their vehicles

49 All taxicabs must be free of any body damage and any damage must be repaired within ninety- (90) days

50 Roof signs must be kept in good working order and condition with Company approved logo clearly visible front and rear

51 In order to ensure equipment is compatible with computer dispatch system all new radio equipment must be approved by the Company prior to installation

Collective Agreement laquoCompanyraquo Page48

SCHEDULE D CREDIT CARD POLICY amp PROCEDURES

DRIVERS MUST ACCEPT ALL COMPANY APPROVED CHARGES CREDIT AND DEBIT CARDS

DRIVERS MUST HAVE A POINT OF SALE UNIT AND A MANUAL PRINTER PER CURRENT BYLAW CITY OF OTTAWA

Due to the increased use of fraudulent Credit Cards by customers in taxicabs the following procedures have been developed to protect drivers from falling victim to Credit card fraud When accepting Credit cards the following rules must be followed

Credit and Debit Cards- the following rules must be followed

AUTHORIZATION OF ALL DEBIT AND CREDIT CARDS

All Credit Card slips must be authorized regardless of amount Verification is generally done after the fare is completed but verification of an estimated or known amount can be done prior to the completion of the trip if

bull The destination is beyond the radio coverage area bull The driver has reason(s) to suspect the validity of the card

INFORMATION REQUIRED FOR ACCEPTANCE OF DEBIT ANDOR CREDIT CARD SLIP FOR PAYMENT The completed Credit Card slip must contain all the following information

(a) Vehicle Number (pre-printed on POS slip if not to be written by hand at the bottom of the slip)

(b) Drivers ID Number and Initials (c) Amount of fare and gratuity (if applicable) (d) Authorization number (Pre-printed on POS slip) (e) Date of the fare (Pre-printed on POS slip) (f) The Debit or Credit Card must be swiped at all times (in the event that the

receipt does not print imprinting Credit Card only on manual imprinter is acceptable with customers signature but the imprint of the card number has to be clear) In the case of a swiped transaction part of the card number will display per Credit and Debit Card industry rules

(g) Customers signature clearly written (Credit Card only) marked TRANSACTION COPY We will accept the CUSTOMER COPY as long as it has the customers signature Debit POS slips are to be submitted marked TRANSACTION COPY NO SIGNATURE IS REQUIRED

Collective Agreement laquoCompanyraquo Page49

DISPUTES BY A CUSTOMER

Should a debit or credit card slip be disputed by the customer their bank or other financial institution the company will investigate If such investigation proves fraud or error by the driver the driver will be charged back for the full amount of the charge

If the disputed transaction was processed on a non-company unit a $500 plus HST charge plus the value of the charge will be debited to the drivers account The Company will refund the customer for the value of the charge

Should a customer andor driver report that the charge has been approved more than once the Company will investigate The Company does not allow any refunds in the taxicab Drivers can void a transaction but this must be done before Batch Closing the transaction A Void can only be done in the presence of the customer as the card (debit or credit) must be present The driver can then re-swipe the card for the correct amount The Company publishes a toll free number for customers or drivers to call with any concerns about a transaction If a customer has been charged more than once for the incorrect amount the following procedures apply

Credit Card

The Company will verify that the customer was charged multiple times or has been over-charged and issue a refund as necessary The Company will send a copy to the customer upon request All refunds are processed on a Point of Sale unit or Virtual Merchant (on-line) The Company may contact the driver to determine the validity of the customers details

Debit Card

The Company will verify that the customer was charged multiple times or has been overcharged and issue a cheque refund as necessary The Company keeps a copy of the cheque issued

GENERAL INFORMATIONGUIDELINES

1 If the driver has overcharged the customer and has been paid the incorrect amount the Company will adjust the drivers account and provide a receipt The Company maintains a log in the even there is a dispute by the driver or the customer If the driver reports the overcharge that is logged on a Customer Incident Form which has a Control Number

2 Hand written Credit Cards will not be accepted All Credit Cards must be passed through a manual imprinter which clearly shows the full credit card number If the credit card number is not clear and cannot be authorized

Collective Agreement laquoCompany Page 50

the driver will face debitchargeback of the amount as it cannot be authorized

3 The only Credit Cards accepted by Taxitab a division of Coventry Connections Inc are

i Visa ii Mastercard iii American Express

Note Visa Mastercard and American Express all issue prepaid credit cards these are all accepted

4 Taxitab a Division of Coventry Connections accepts Debit Cards for Canadian Financial Institutions Debit Cards for foreign banks may not

work on the unit Visa Mastercard have commenced issuing Debit Cards these are all accepted These cards are clearly marked on the face of the card with the Visa and Mastercard logos

5 The following items are to be checkedverified by the driver upon presentation of a Credit Car (a to d) Debit Card (d only)

CHECK LIST

(a) Expiry Date Ensure the card is valid Check to be sure that the Card is not being used beyond the expiry date printed on the card If the card is expired refuse to accept it

(b) Altered Cards Check to see if the card has been noticeably altered in any way If it has been refuse to accept it

(c) Card holders name and signature Check that the signature on the Credit Card slip is the same name printed on the card At the same time check that the signature is the same as the signature on the rear of the card If there is no signature on the rear of the card ask the customer to sign it as you are required to check this

If in doubt ask to see some other form of identification (preferably one with a picture and signature) that ensures that the person using the card is who they say they are

(d) Amount of fare and gratuity (if applicable) The amount of the Debit or Credit card slip must be equal to the amount of the fare and the gratuity (where applicable) Each amount should be entered in their respective places and only by the customer unless otherwise directed In the case of a Debit Card customer must always enter their PIN number to

Collective Agreement ltbullCompany Page 51

authorize the card Drivers must remind customer that the TIP field comes first followed by the PIN number

(e) $150 Surcharge

Debit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated by the City of Ottawa By-Law The $150 charge is prompted by the point of sale unit automatically The Driver receives 65cent of the $150 for every transaction

Credit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated in the City of Ottawa By-Law The $150 charge is NOT prompted by the point of sale unit automatically The driver adds the $150 to the metered amount and enters this total in the base amount field

6 CAUTIONS

7

(a)

(b)

(c)

Bank Card only have the Bank name on the card

Credit Cards are identified by the VISA MASTERCARD AMERICAN EXPRESS OR DINERS CLUB-ENROUTE symbols Only Cards with these symbols will be accepted

Credit Cards will have a holographic image on the face of the card

CASH ADVANCES

The use of Credit Cards for cash advances in the taxicab is not permitted Credit Cards must only be used in the taxicab for paying for an actual fare Anyone using a Credit Card in a taxicab to obtain cash advance is most likely using a stolen or fraudulent card

8 OUT OF TOWN FARES

For the drivers protection it is suggested that for fares going out of town and the customer wishes to pay by Credit Card it is recommended that the driver authorize the fare at the beginning of the trip (dispatcher can give an estimated amount) If there is a difference process the difference at the end of the trip There is a pre-authorization feature available for Credit Card only on the Point of Sale unit The Company can activate this on driver request but the driver must be

Collective Agreement ccCompany)) Page 52

bull

9

given correct training for this There are several steps involved with pre-authorization that must be followed before batch closing

BATCH CLOSING

Drivers must close transaction in the terminals at the end of their shift Credit Card authorizations only remain in the terminal for five (5) days after that the processor closes them automatically Drivers must batch close all credit cards no later than four (4) days in order for the items to appear on the batch close report

Batch Close reports will print separately for Debit and Credit Cards and list the details of the transactions in the terminals showing the card type and the last four (4) digits of the card involved This Batch close cannot be reprinted drivers must hold on to them Attach the slips to the Batch Close and bring to the cashier The cashier will verify the attached slips are on the batch close and proceed to pay or credit the driver assuming all slips are authorized and complete (as discussed above under (1) Authorization Procedures)

The following circumstances regarding Batch Closes will apply

(i) Batch Close with All Debit and Signed Credit Card slips- Driver will be paid or credited at time of presentation at a cashiering station

(ii) Batch Close- No Debit Slips if the batch close shows a Debit Slip and the driver has misplaced or lost the slip the Driver will be paid or credited at the time of presentation at a cashiering station

(iii) Batch Close No Credit Card Slip- No Slip No Payment at time of cashiering (driver is to go to Driver Admin in this instance) If the driver has a signed manual slip and the last 4 numbers of the card match those on the batch close the slip will be accepted by the cashier

NO BATCH CLOSE REPORT -If a Driver has lost or misplaced Batch Close report the Driver is to go straight to Driver Admin (not cashiering) The Driver is to bring the receipts (if there is a credit card slip with no signature there is a separate procedure for this below) he has for which he has not batch close Driver Admin will initiate a Batch Close Incident Report which has a Control Number for future reference The Procedure is as follows

(i) Driver Admin to Photocopy all Slips and write the Control from the Batch Close Incident Form on the photocopy and date the sheet The

Collective Agreement ccCompanyraquo Page 53

bull

bull

Driver is to keep this in the event of a dispute or apparent nonshypayment in account

(ii) Driver Admin will complete the top copy of the report attach a copy of the slips The Driver will complete the bottom part of the report and sign it

(iii) Management will need 72 hours (three business days) from the date of Incident Report to investigate the transaction has been settled in the POS unit

(iv) Providing Management confirms the transaction is complete the slips will be credited to the Drivers account and a receipt will be printed A copy of the receipt is attached to the Batch Close Incident Report The Control from the Form is entered when the the amount is credited for reference A receipt can be printed at that time by cashier

(v) In the event that a driver does not have a Batch Close and presents a credit card slip with no signature the following will apply

(vi) If the Driver experiences a problem with the Batch Close or operation of the unit the Driver is to bring the unit to the office during normal hours Management will investigate the issue and call Driver to reshyissue the unit completing paperwork for the replacement unit which the driver will sign

Any driver attempting to defraud a customer by processing a debit or credit slip more than once will be terminated

Collective Agreement laquoCompany)) Page 54

bull

bull

SCHEDULE E STOLEN FARE POLICY

Whenever the Dispatch Supervisor receives a complaint that a fare either dispatched to the complainant or from within the same block of taxi standconcession on which the complainant is parked has been stolen and the identification of the accused is made known the Supervisor shall

(a) Bring the accused to voice and notify himher of the allegations

(b) Inform the complainant that a deposit of forty dollars ($4000) must accompany his accusation and to be deposited within one (1) hour of the complaint Where applicable inform the complainant that the accused wishes to challenge the allegations and the date and time of the hearing shall be known to both parties

(c) A failure of either party to attend the hearing will result in an additional fine of forty dollars ($4000) to be paid within sixty (60) minutes of the conclusion of the hearing or a suspension ob the absent party until payment is received

(d) Inform the accused of the available options

(i) Arrange for repayment of the fare in its entirety to a minimum of forty dollars ($4000) to the complainant a Union representative or the Company on behalf of the complainant within sixty (60) minutes or

(ii) If the allegation is being denied and the accused wishes to refute it forty dollars ($4000) must be deposited at the dispatch office within sixty (60) minutes with a notification to the Dispatch Supervisor that the allegation is being challenged

Where the accused fails to respond to two (2) voice messages or refuses to comply with (c) the accused shall have dispatch services suspended until in compliance or the Company receives instructions from a Union Representative to do otherwise

The penalty for a wrongful accusation is the payment of forty dollars ($4000) to the accused by the accuser in addition to the return of the accuseds deposited payment

It is understood and agreed that the action(s) of the Dispatch Supervisor(s) in the compliance of this Policy is not to be construed as a determination of who is the guilty party In all disputes regarding stolen fares the Committee shall make the final determination with respect to guilt

Collective Agreement laquoCompany Page 55

bull

bull

Note Such fare(s) will not be considered as Stolen Fare(s) if picked up by driver(s) arriving on the Concession(s)Taxi Stand(s) prior the driver(s) who accepted the dispatched fare(s)

Collective Agreement ((Company Page 56

bull bull

APPENDIX 1

PLATE CAR LESSEE IND START LESSEE START

1 1027 5027 ADAM GRANT 1 91111986 111987

2 1015 5015 TIMS VAUGHN 411995 411995

3 1043 5043 MARTON FERENC G 10251995 10251995

4 1050 5050 DUBOIS JOHN 12111994 311996

5 1048 5048 SUNIL JOSHI 1111994 711996

6 1030 5030 SLIM MOHAMED 711996 7111996

7 1041 5041 JAMALEDDINE ZAHER 911996 911996

8 1040 5040 MAHEUX FRANK 11151996 181997

9 1109 1 5109 ASTLEY JAMES 1011994 1131997

10 1045 5045 MELHEM SAMIR 1211996 9211997

11 1028 5028 LABINE ANTHONY 10151980 11281997

12 1054 5054 ELmiddotNEMER NEMER 11131997 21271998

13 1113 5113 WEAGANT BROCK C 82211988 3131998

i

14 1039 5039 SOBH HAC HEM 11171997 5111998

15 1044 1 5044 MOUFARREJ RAYMOND 10241996 1161998

16 1042 5042 MCCONVILLE BILL 311992 11111998

17 1107 5107 GIANNAKOS LOUIS I 9111997 491999

18 1026 5026 VERMA LALIT 51261996 5311999

19 1033 5033 MITCHELL BRUCE 111987 9301999

i

20 1108 5108 PAPPAS CHRISTINE 121111991 1041999

rmiddot 1014 5014 NYTRA BEDRICH 961996 3302000

22 1000 5000 ABOUmiddotARRAG SAM I 611997 7132000

23 1038 5038 MUNROE JOHN 1111977 492001

24 1022 5022 RADULESCU GELU 611999 5232002

25 1139 5139 HASSOUN I MOUFID 71211999 8152002

26 1006 5006 SADER I GHASSAN 6211999 292004

27 1029 5029 CLAYTON GREG 911980 21132004

Collective Agreement ccCompany Page 57

bull

28 1034 5034 IBRAHIM 12301995 4302004

29 1037 5037 ABDALLA HASSAN I 3312000 2202006

30 1010 5010 HASSOUN AD NAN 8272001 312006

31 1031 MASSOUD 1241998 312006

32 1 1o35 5035 JANCO 911992 362006

1 33 1036 5036 SINGH BALWANT 92211999 3172006

Collective Agreement ltltCompanyraquo Page 58

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 34: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

meeting shall be one meeting held at the Companys office Where the grievance involves the discharge of a driver the parties agree to meet within ten (1 0) working days of the filing of the grievance A representative of the Union shall be present at all step 2 meetings The Member of the Owners Group must respond within three (3) working days of the meeting

2402 Should a group grievance or a Union or policy grievance develop it shall be filed at Step 2 within twenty-five (25) days of the incident giving rise to the grievance or of the drivers or Union having knowledge of this incident

2403 Failing settlement under the above the matter in dispute may be taken to arbitration in accordance with article 26

2404 Drivers employed by single plate owners and single plate lessees may not grieve matters or disputes arising between the driver and the single plate owner or single plate lessee A committee shall be set up and made up of equal numbers of Uniondriver and Company personnel to assist in resolving disputes between the drivers and single plate owner and single plate lessee The committee shall have the power to determine a procedure to be followed as well as to determine fault and penalties

ARTICLE 25 ARBIrRATION

2501 After exhausting the provisions of the grievance procedure either of the parties may submit a grievance to arbitration either expedited or formal in writing within thirty (30) days of the Step 2 reply or if there is no reply within thirty (30) days after the expiration of the time limits to provide a reply

2502 Unless otherwise mutually agreed by the parties all grievances referred to arbitration not relating to an indefinite suspension a discharge or any separation of employment or to the interpretation of the collective agreement group grievances and policy grievances shall be referred to the expedited process

Grievances referred to arbitration in respect of indefinite suspensions discharge or separation of employment for any reason or to the interpretation of the collective agreement and group grievances may only be referred to this expedited process by the mutual agreement of the parties

2503 Within fourteen (14) days after notice has been given that the grievance will proceed to formal arbitration the parties shall meet and agree on a single arbitrator If the parties cannot agree on an arbitrator within this time limit either party may request the Minister of Labour to appoint an

Collective Agreement laquoCompanyraquo Page32

arbitrator and this appointment shall be binding on both parties In respect of the cost of arbitration of formal grievances the parties shall share equally the fee and expenses of the sole arbitrator

2504 The formal arbitrator shall have the right to exercise all the powers provided by the Labour Relations Act as amended from time to time

2505 The Arbitrator must hand down a written decision within sixty (60) days of the date of the hearing

2506 As an alternative to the formal arbitration process set out in the foregoing paragraphs a grievance may be referred to a previously agreed-upon person who shall hear the grievance and who shall at the conclusion of the hearing give a decision immediately Such decisions may not be used to alter modify or amend any part of the collective agreement and are made without precedent or prejudice to similar or like cases Such a decision shall be final and binding upon both parties and no further action may be taken on that grievance by any means whatsoever

2507 To maintain the efficiency of this expedited process the parties shall schedule a minimum of one (1) day of arbitration every three- (3) months except in those circumstances where either party deems it necessary to schedule the arbitrator more frequently

2508 The parties shall share equally the fee and expenses of the persons selected to hear the expedited arbitration cases

2509 At all expedited arbitration hearings the Company or Member of the Owners Group shall be represented by a member of their management and the Union shall be represented by a Union staff representative or an officersteward of the Local Union

2510 The Union shall forward to the representative of the Member of the Owners Group a list of the expedited grievances to be heard on the day or days scheduled for the hearing of grievances according to the expedited arbitration procedure The aforementioned list shall be forwarded to the representative of the Member of the Owners Group no later than ten (10) working days in advance of the hearing unless otherwise mutually agreed

2511 By exception a party may call one (1) witness at an expedited arbitration

2512 Prior to proceeding to formal or expedited arbitration and at least thirty (30) days prior to the date of arbitration the parties may upon mutually agreement request that any grievance be referred to a mediator to act as a grievance mediation officer for the purpose of attempting to

Collective Agreement laquoCompanyraquo Page33

mediate a settlement of the grievance The parties shall share equally the fee and expenses of this officer

ARTICLE 26 TAXI PACKAGE

2601 The employer shall provide to the rental driver at no extra cost motor vehicle insurance with a collision provision deductible not exceeding $50000 for each accident at fault

The Owners Group shall also provide to the rental driver at no extra cost comprehensive coverage with zero (0) deductible including but not limited to fire and theft It is agreed and understood that comprehensive coverage does not cover driver added equipment

2602 Each rental driver shall be supplied for a daily twelve (12) or twenty-four (24) hour period at no extra cost a roadworthy safe sedan four (4) door taxicab with proper weather resistant tires for all seasons and with a seating capacity for not less than four (4) passengers containing

2701

2702

2703

1 A roof sign 2 A sealed taxi meter 3 A two-way radio 4 A full size spare tire subject to space limitations 5 A tire tool 6 A jack 7 A mike clip 8 A full tank of gas at start date 9 Air conditioning on replacement vehicle where possible 10 An electric rear window defroster or blower

Any equipment owned by the Owners Group that becomes inoperative shall be repaired as soon as possible

ARTICLE 27 RENTAL CHARGES AND TERMS OF AGREEMENT

This agreement shall take effect upon ratification and be binding on both parties for three (3) years and shall continue for annual periods of one year each unless either party gives at least one hundred and twenty (120) days notice that it wishes to amend this agreement

It is agreed and understood that this agreement will remain in full force and effect until amended by negotiations

Rates shall be as follows

Collective Agreement laquoCompanyn Page 34

712011 712012 712013

Stand Rent (monthly) $43900 $45000 $45900

Plate Rent (monthly) $71926 $75000 $75960

Daily Car Rental 24 hr Regular Plated $9700 $9700 $9700

24 hr Accessible Plated $10500 $10500 $10500 12 hr Regular Plated $6700 $ 6700 $6700

12 hr Accessible Plated middot $8300 $8300 $8300

Credit Card Transaction 50 50 50

Debit Card (per) Transaction $065 $065 $065 (To the Driver)

POS Rental Fee (monthly) $800 $800 $800

POS Insurance (monthly) $300 $300 $300

Note The above rates do not include HST

Note For purposes of car rental rates the weekly rents shall be six (6) times the daily rent

Note It is recommended that drivers use Company supplied POS machines and systems

2704 Employees shall pay all monies owed to the Company in the following manner Monthly By the 5th business day of the month

2705 Any employee failing to pay monies by the above dates and times shall be suspended and not reinstated until the monies are paid in full and credited to their account

2706 Employees shall be entitled to pay their rents to the company by company approved charges cash and cheque - provided the employee has at least one (1) year of seniority

Employee(s) who have one (1) cheque returned NSF shall be suspended immediately upon the company receiving notification from the

Collective Agreement ((Company Page35

bank shall lose such privilege for twelve (12) months and shall be charged the appropriate charges

ARriCLE 28 GENERAL

2801 The Company and drivers shall maintain its internal company charge system and accept major credit cards which currently include Visa Mastercard American Express and Diners Cluben Route as approved by the Company

2802

2803

2804

2805

2806

2807

This system shall continue for the duration of this Agreement so long as external factors outside the Companys control do not prevent the Company from doing so Drivers shall be entitled to cash their charges provided they do not have any outstanding balances at the offices of the Company during the hours of 0830am to 400pm Monday to Friday except holidays The Company shall make available to the employees during normal business office hours receipt cards and credit card slips All credit card charges must be authorized

Drivers shall pay a fee of five (5) of all credit card charges that they redeem

Except as otherwise provided in this agreement all passengers shall be treated in a polite professional courteous and businesslike manner at all times by both the Owners Group and the employees

If requested a properly signed receipt shall be furnished by the owner for all payments made by the driver (If requested said receipt shall show a breakdown of all payments made by the driver and the dates for which they apply) For the purposes of this clause a numbered computer receipt shall be deemed to be signed

The employees who own their own vehicles whether or not they own their own license shall have absolute choice as to where their vehicle is to be repaired andor maintained

No employee either full-time or part-time shall abuse or mistreat any vehicle or equipment (ie roof sign radios meters and aerials)

The Owners Group agrees to work with the Union to lobby the City of Ottawa to allocate stands where necessary and appropriate

The Company agrees to provide the Union with the rules covering the stands controlled by concession agreements

Collective Agreement ccCompanyraquo Page 36

bull

2808 Subject to the provision of adequate insurance coverage all car owners shall be free to place a second driver or a third driver on their vehicles should they require without interference from the Company

2809

2810

2811

2812

2813

2814

In the event the Company refuses an individual employment as a second driver or as a third driver the Company agrees that such refusal may be the subject of a grievance and the onus of proof shall rest with the Company to show just cause for such refusal

The parties agree that no vehicle will have more than three (3) drivers at any one (1) time

The Company shall take reasonable steps to maintain all current concession agreements for the duration of this agreement The Company shall take all reasonable steps to obtain additional concession agreements

The Company shall have a phone line separate from the dispatch office so that drivers business people friends of the office staff may call through middot without having to tie up the dispatchers time The separate phone line may be used by the dispatch office during non-business hours

Time-off without rental fees or loss of seniority will be given to those members of the bargaining unit who are called for jury duty Rental driver(s) must park their rental vehicle(s) at the Companys premises should the jury duty go beyond three (3) days

The Company shall maintain a drivers waiting area As well the Company shall allow the drivers to use the telephone in the office for local calls only pursuant to the current past practice

In the event of an assessment to the CompanyOwners Group by WSIB in relation to the provision of WSIB benefits for the Bargaining unit personnel the CompanyOwners group and the Union agree to renegotiate in good faith the rates set out in Article 2703 Where the parties fail to reach agreement on the issue the matter shall be referred to an arbitrator for full and final settlement

When a customer complaint is received by the dispatcher the latter will advise the customer that an authorized representative of the Company will handle the complaint in an expeditious manner Upon request by the Union the Company shall provide a copy of the computer printout and all other relevant information including but not limited to any taped conversation related to the complaint being investigated The privacy of the customer is paramount and will at all times be respected

Collective Agreement ccCompanybullbull Page 37

2901 (a)

(b)

ARriCLE 29 BEREAVEMENT LEAVE

The Members of the Owners Group agree to grant affected employee(s) the necessary time off of up to four (4) days without fees at the time of death of the following relative(s) of said employee(s) father mother spouse (includes common-law) child brother sister mother andor fathershyin-law

The Members of the Owners Group further agree to grant to affected employees two (2) days without fees at the time of death of the following relatives of the employee sister andor brother-in-law and grandparent

ARTICLE 30 SOCIAL JUSTICE FUND

3001 The Company shall pay to the Union an amount of eight hundred ($80000) dollars per collective agreement year with such amounts being made payable to the CAW Social Justice Fund Inc Said amounts shall be paid by separate cheque by the last day of February in each year of this collective agreement A tax receipt shall be supplied to the Company on receipt of said amount

ARTICLE 31 SAFETY BANQUET

3101 The Company agrees to contribute seven hundred and fifty dollars ($75000) to the Unions annual Safety Banquet in each year of the Collective Agreement

SIGNED THIS DAY OF APRIL 15 2012

FORTH~

~~

Collective Agreement laquoCompanyraquo Page38

Collective Agreement laquoCompanyraquo Page39

SCHEDULE 11 A 11 LIST OF THE OWNERS GROUP

Coventry Connections Inc

Collective Agreement ccCompanyraquo Page40

SCHEDULE nan EXISTING CUSTOMS RIGHTS AND PRIVILEGES

1 There shall be no charge for the receipt cards

2 There shall be no charge for credit card vouchers subject to suppliers (third party) availability and conditions Should the Company pursue a course of action leading to Point of Sale terminals which usage will include Debit transactions Decremental Cards and Credit Cards there would be a charge for paper usage

3 The drivers shall choose their own working hours during their shift

4 Reasonable accommodation shall be given to payment of outstanding debts for accident(s) The following minimum payments are required

A) Up to $1 00000 - $ 1 000 per day

B) Over $100000- $2000 per day

Agreed to on the understanding that this does not apply to spare cars

Collective Agreement laquoCompanyraquo Page 41

SCHEDULE C RULES AND REGULATIONS

1 The following articles of clothing are not acceptable forms of attire at OJS

(a) Sweat pants and shorts except for dress shorts Dress shorts will be allowed from April to Labour Day Drivers caught wearing inappropriate shorts will be given one (1) warning and any future occurrence with regards to inappropriate shorts will cause them to lose the right to wear dress shorts for the duration of that season Shorts can be no shorter than three (3) inches above the knees

(b) T-shirts (except Union decaled T-shirt) without lapels tank tops and muscle s1middot1irts

NB Clothing andor other attire with obscenities profanities or sexually degrading remarks are not acceptable Hair must be clean and neat Faces must be clean-shaven or beards neatly trimmed Clothing must be tear and rip free with no visible patches and is to be cleaned and ironed as required Socks must be worn at all times with all types of footwear except for sandals

2 Drivers must be courteous and pleasant at all times and must conduct themselves in a professional business-like manner

3 There is to be no abusive foul language or gestures directed at customers or the general public

4 Consumption of alcohol or drugs will not be tolerated prior to the commencement of a shift andor while driving

5 There wiil be no arguing and fighting among drivers or other DJs personnel under any circumstances

6 No playing of cards or any other games of chance is allowed at any time when working This includes any form of gambling or betting on the air

7 Profanity or abusive language on the air or in your vehicle is prohibited at all times

8 Use of cell phone during the conveyance of a customer(s) is prohibited

9 Each taxicab and driver shall carry at all times a current street guide Drivers are to make proper use of this guide to avoid unnecessary air time

Collective Agreement ccCompanyraquo Page42

10 Deliveries are to be taken directly to the destination Running other fares while occupied on deliveries will not be permitted unless approved by the dispatcher

11 No messages between drivers are permitted Drivers will receive messages to call home spouse office union office partner or garage

In addition When an authorized Union rep asks the dispatcher to have a member of the bargaining unit call them for union business only this will be allowed and if necessary a phone number will be given

12 Picking up a fare while on the way to an accepted dispatch call will not be permitted

13 Drivers must allow 5 minutes wait at the customers pick-up address

14 Drivers shall take reasonable steps to ensure that they pickup only those fares that they are dispatched to Drivers must check with dispatcher for authorization before taking another fare from same address

15 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical breakdown emergency or any other reason(s) not herein listed the dispatcher shall reshydispatch the fare and suspend the driver for one (1) hour

16 Interference or jamming of the radio is a Federal offence and will not be tolerated

17 When necessary drivers must assist customers with handling of baggage and opening and closing of doors

18 No complaining to customers about short fares or time calls A list of regular short fares will be established and such fares shall be dispatched as Locals

19 At customers request music radio and other sound systems except for the twoshyway radio must be turned off

20 Driver must issue a receipt card upon request by customer Drivers signature must be clearly marked in the appropriate place on the receipt card There is no charge for the issuance of a receipt card

21 No new driver is to commence work until he has been briefed by OJS staff in the operating of our charge account system

22 Some of the guidelines in the operation of our charge account system are as follows

Collective Agreement laquoCompanyraquo Page43

(a) All charges are to be signed with car number (eg-DJ70) and date clearly written

(b) If the fare goes to more than one destination these other destinations are to be clearly marked on the reverse side of the chit

(c) Taxi chits to be signed by the customer and dollar value to be clearly marked

(d) Gift certificates which currently have a maximum value of $500 each are to be accepted at face value and change given as required

(e) Drivers must note on back of chit the drop offpick up address if it is different from address shown on face of chit

Drivers are prohibited from buying other drivers charges whether they be DJS drivers or other cab Companys charges Violation of this rule shall result in the following fines

1st offence -2d offence bull 3rd and subsequent offences-

$5000 per chit $10000 per chit $20000 per chit

plus the face value of each chitCredit Card in all cases

The parties agree that the above penalties are specific penalties within the meaning of the Ontario Labour Relations Act An Arbitrator shall not have the power to alter or modify any penalty imposed under this clause

(f) Drivers must accept all major credit cards approved by OJS Taxi

(g) Drivers are responsible for ensuring that all necessary information is clearly marked on charge vouchers as follows

bull Customers name and signature bull Card number (correct number of digits) bull Expiry date bull Drivers signature and car number (eg-DJ70) bull Ensure proper copies of charges are submitted to the Company for

processing bull No hand written major credit card sales drafts will be accepted

23 All cars are to be cleaned inside and out by 1000 am every day with due regard given to road and weather conditions

Collective Agreement Page44

24 All drivers must ensure that they have change for $2000 at all times and will not be removed from the sheet while getting change provided they are not called

25 No taxicab driver shall charge a passenger for

(a) The cost of proceeding to an establishment for change or

(b) Waiting time while a passenger obtains the change provided the bill presented for payment is of $2000 denomination or less

26 No vehicle to be left unattended with keys in the ignition

27 No person(s) unless authorized by the Company shall accompany the driver in the vehicle while heshe is occupied with a paying fare

28 Taxis must not be left unattended on a OJS taxi concession stand for more than ten (1 0) minutes

29 Only au~horized drivers with valid licenses can operate a taxi-licensed vehicle

30 Roof sign must be removed from vehicle when not on duty or involved in an accident

31 ALL DRIVERS ARE ADVISED THAT IT IS AGAINST THE LAW AND OJS TAXI COMPANY LIMITED POLICY TO REFUSE DOG GUIDES IN THEIR CABS REFUSAL WILL RESULT IN FINES AND DISCIPLINARY ACTION BY THE COMPANY

1st offence - 1 week suspension 2nd offence - 2 weeks suspension

3rd offence - Dismissal No longer working under the OJS roof sign

Accommodating Persons with Disabilities

The Management of OJS Taxi wishes to advise all its employees drivers and others operating under the OJS Taxi roof sign of the OJS Taxi policy with respect to blind passengers whether or not they use dog guides

Under the Blind Persons Rights Act of Ontario no person may either deny any person services customarily available to the public or discriminate against any person with respect to services available to the public for the reason that they are a blind person accompanied by a dog guide

Under the Ontario Human Rights Code every person has a right to equal treatment with respect to the supply of services which includes taxi services

Collective Agreement laquoCompanyraquo Page45

bull

without discrimination because of among other things a disability A disability includes any physical impairment such as being blind visually impaired deaf or hard of hearing

Guide Dogs and Taxi Services Many disabled persons are physically dependent on guide animals in their daily activities Canadians who are blind or visually impaired deaf or hard of hearing or who have other types of disabilities such as epilepsy are dependent on guide animals

Accommodation of these individuals necessitates that they be permitted to take their guide animals with them into taxi cabs Refusing to allow them to do so will infringe on their human rights and is against the Blind Persons Rights Act of Ontario and the Ontario Human Rights Code

This notice will simply repeat what should be apparent to you all that if a blind person with or without a dog guide is refused services by any OJS Taxi driver such actions will result in fines to the driver and other disciplinary action including the possibility of suspension by the Management of DJs Taxi Co Ltd

For more information regarding guide animals please review the attached pamphlet and information sheet published by Dog Guides Canada

Any inquiries concerning this policy should be directed to any member of the Management who will if it is required explain the policy to you

32 Drivers are not allowed in the dispatch office

33 All parking tickets will be paid by the rental driver responsible

34 In order to boost with Company owned taxicabs employees must request an obtain instruction from the garage manager or his designee on the proper method of boosting in order to reduce any risk of injury to the driver passenger and damage to the vehicle(s)

In the event of misuse employees at their discretion may be either disciplined in accordance with the principle of progressive discipline or have the option of reimbursing the Company for the cost of damaged parts

35 Any driver operating a taxi while his drivers license or taxi license is under suspension will be disciplined unless the driver can obtain written proof from the Ontario Ministry of Transport andor the appropriate taxi licensing authority that the driver did not receive evidence that hisher license was suspended or cancelled

36 When necessary or requested all elderly andor disabled customers are to be assisted in and out of taxicab at all times

Collective Agreement laquoCompanyraquo Page 46

37 No stealing fares

38 Drivers are not allowed to book no loads and run the fare

39 Drivers cannot refuse dispatched fares subject to article 1304 andor where the driver believes his safety or health is at risk

40 Failure to come to voice after two (2) requests by the Dispatch Supervisor will result in the Driver being suspended in the computer

41 Dispatch staff will not make phone calls for drivers unless it is an emergency situation

42 There shall be no personalization of any fares or trips placed through the Dispatch System of OJS Taxi except for returns east of but not including the Civic Hospital within the same twenty-four (24) hour period Where a return-call has been prearranged through the Dispatch System prior to the initial call being dispatched then the return-call cannot be personalized

43 Drivers will pay monies owed to the company by 400pm on the day that they are due No driver with an outstanding balance will be allowed to book on the sheet until their account is paid in full to the business office This means credited to their account and a receipt issued

44 Dispatchers shall give the line-up every thirty- (30) minutes except for the months of December January and February On implementation of the Computerized Dispatch this clause will be eliminated

45 All deliveries shall be given out as regular calls except where provided in this agreement and all employees shall have the option to refuse to deliver alcohol When a dispatcher requests a driver to call him for information concerning a delivery the dispatcher will first give the delivery address over the radio to ensure the delivery is being dispatched correctly

46 When drivers book out of their cars to attend scheduled complaint meeting appointments they shall be allowed to remain in their spot on the line up queue passed by for fares and treated by the dispatch as if they are no longer on the sheet

When the affected driver returns to his car and books back in he shall be returned to his position in the line up queue and given his next rightful fare

The maximum time a driver shall be allowed to book out for a complaint meeting is one half-hour

Collective Agreement laquoCompanyraquo Page 47

This rule shall only apply if the affected driver does not incur any discipline as a result of the complaint meeting

47 All cabs at DJS Taxi must have a mike clip and the clip must be used Drivers must pick up their mike when communicating

48 Drivers using vans as taxicabs must have and make use of (when requested or required) a portable step to assist passengers in and out of their vehicles

49 All taxicabs must be free of any body damage and any damage must be repaired within ninety- (90) days

50 Roof signs must be kept in good working order and condition with Company approved logo clearly visible front and rear

51 In order to ensure equipment is compatible with computer dispatch system all new radio equipment must be approved by the Company prior to installation

Collective Agreement laquoCompanyraquo Page48

SCHEDULE D CREDIT CARD POLICY amp PROCEDURES

DRIVERS MUST ACCEPT ALL COMPANY APPROVED CHARGES CREDIT AND DEBIT CARDS

DRIVERS MUST HAVE A POINT OF SALE UNIT AND A MANUAL PRINTER PER CURRENT BYLAW CITY OF OTTAWA

Due to the increased use of fraudulent Credit Cards by customers in taxicabs the following procedures have been developed to protect drivers from falling victim to Credit card fraud When accepting Credit cards the following rules must be followed

Credit and Debit Cards- the following rules must be followed

AUTHORIZATION OF ALL DEBIT AND CREDIT CARDS

All Credit Card slips must be authorized regardless of amount Verification is generally done after the fare is completed but verification of an estimated or known amount can be done prior to the completion of the trip if

bull The destination is beyond the radio coverage area bull The driver has reason(s) to suspect the validity of the card

INFORMATION REQUIRED FOR ACCEPTANCE OF DEBIT ANDOR CREDIT CARD SLIP FOR PAYMENT The completed Credit Card slip must contain all the following information

(a) Vehicle Number (pre-printed on POS slip if not to be written by hand at the bottom of the slip)

(b) Drivers ID Number and Initials (c) Amount of fare and gratuity (if applicable) (d) Authorization number (Pre-printed on POS slip) (e) Date of the fare (Pre-printed on POS slip) (f) The Debit or Credit Card must be swiped at all times (in the event that the

receipt does not print imprinting Credit Card only on manual imprinter is acceptable with customers signature but the imprint of the card number has to be clear) In the case of a swiped transaction part of the card number will display per Credit and Debit Card industry rules

(g) Customers signature clearly written (Credit Card only) marked TRANSACTION COPY We will accept the CUSTOMER COPY as long as it has the customers signature Debit POS slips are to be submitted marked TRANSACTION COPY NO SIGNATURE IS REQUIRED

Collective Agreement laquoCompanyraquo Page49

DISPUTES BY A CUSTOMER

Should a debit or credit card slip be disputed by the customer their bank or other financial institution the company will investigate If such investigation proves fraud or error by the driver the driver will be charged back for the full amount of the charge

If the disputed transaction was processed on a non-company unit a $500 plus HST charge plus the value of the charge will be debited to the drivers account The Company will refund the customer for the value of the charge

Should a customer andor driver report that the charge has been approved more than once the Company will investigate The Company does not allow any refunds in the taxicab Drivers can void a transaction but this must be done before Batch Closing the transaction A Void can only be done in the presence of the customer as the card (debit or credit) must be present The driver can then re-swipe the card for the correct amount The Company publishes a toll free number for customers or drivers to call with any concerns about a transaction If a customer has been charged more than once for the incorrect amount the following procedures apply

Credit Card

The Company will verify that the customer was charged multiple times or has been over-charged and issue a refund as necessary The Company will send a copy to the customer upon request All refunds are processed on a Point of Sale unit or Virtual Merchant (on-line) The Company may contact the driver to determine the validity of the customers details

Debit Card

The Company will verify that the customer was charged multiple times or has been overcharged and issue a cheque refund as necessary The Company keeps a copy of the cheque issued

GENERAL INFORMATIONGUIDELINES

1 If the driver has overcharged the customer and has been paid the incorrect amount the Company will adjust the drivers account and provide a receipt The Company maintains a log in the even there is a dispute by the driver or the customer If the driver reports the overcharge that is logged on a Customer Incident Form which has a Control Number

2 Hand written Credit Cards will not be accepted All Credit Cards must be passed through a manual imprinter which clearly shows the full credit card number If the credit card number is not clear and cannot be authorized

Collective Agreement laquoCompany Page 50

the driver will face debitchargeback of the amount as it cannot be authorized

3 The only Credit Cards accepted by Taxitab a division of Coventry Connections Inc are

i Visa ii Mastercard iii American Express

Note Visa Mastercard and American Express all issue prepaid credit cards these are all accepted

4 Taxitab a Division of Coventry Connections accepts Debit Cards for Canadian Financial Institutions Debit Cards for foreign banks may not

work on the unit Visa Mastercard have commenced issuing Debit Cards these are all accepted These cards are clearly marked on the face of the card with the Visa and Mastercard logos

5 The following items are to be checkedverified by the driver upon presentation of a Credit Car (a to d) Debit Card (d only)

CHECK LIST

(a) Expiry Date Ensure the card is valid Check to be sure that the Card is not being used beyond the expiry date printed on the card If the card is expired refuse to accept it

(b) Altered Cards Check to see if the card has been noticeably altered in any way If it has been refuse to accept it

(c) Card holders name and signature Check that the signature on the Credit Card slip is the same name printed on the card At the same time check that the signature is the same as the signature on the rear of the card If there is no signature on the rear of the card ask the customer to sign it as you are required to check this

If in doubt ask to see some other form of identification (preferably one with a picture and signature) that ensures that the person using the card is who they say they are

(d) Amount of fare and gratuity (if applicable) The amount of the Debit or Credit card slip must be equal to the amount of the fare and the gratuity (where applicable) Each amount should be entered in their respective places and only by the customer unless otherwise directed In the case of a Debit Card customer must always enter their PIN number to

Collective Agreement ltbullCompany Page 51

authorize the card Drivers must remind customer that the TIP field comes first followed by the PIN number

(e) $150 Surcharge

Debit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated by the City of Ottawa By-Law The $150 charge is prompted by the point of sale unit automatically The Driver receives 65cent of the $150 for every transaction

Credit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated in the City of Ottawa By-Law The $150 charge is NOT prompted by the point of sale unit automatically The driver adds the $150 to the metered amount and enters this total in the base amount field

6 CAUTIONS

7

(a)

(b)

(c)

Bank Card only have the Bank name on the card

Credit Cards are identified by the VISA MASTERCARD AMERICAN EXPRESS OR DINERS CLUB-ENROUTE symbols Only Cards with these symbols will be accepted

Credit Cards will have a holographic image on the face of the card

CASH ADVANCES

The use of Credit Cards for cash advances in the taxicab is not permitted Credit Cards must only be used in the taxicab for paying for an actual fare Anyone using a Credit Card in a taxicab to obtain cash advance is most likely using a stolen or fraudulent card

8 OUT OF TOWN FARES

For the drivers protection it is suggested that for fares going out of town and the customer wishes to pay by Credit Card it is recommended that the driver authorize the fare at the beginning of the trip (dispatcher can give an estimated amount) If there is a difference process the difference at the end of the trip There is a pre-authorization feature available for Credit Card only on the Point of Sale unit The Company can activate this on driver request but the driver must be

Collective Agreement ccCompany)) Page 52

bull

9

given correct training for this There are several steps involved with pre-authorization that must be followed before batch closing

BATCH CLOSING

Drivers must close transaction in the terminals at the end of their shift Credit Card authorizations only remain in the terminal for five (5) days after that the processor closes them automatically Drivers must batch close all credit cards no later than four (4) days in order for the items to appear on the batch close report

Batch Close reports will print separately for Debit and Credit Cards and list the details of the transactions in the terminals showing the card type and the last four (4) digits of the card involved This Batch close cannot be reprinted drivers must hold on to them Attach the slips to the Batch Close and bring to the cashier The cashier will verify the attached slips are on the batch close and proceed to pay or credit the driver assuming all slips are authorized and complete (as discussed above under (1) Authorization Procedures)

The following circumstances regarding Batch Closes will apply

(i) Batch Close with All Debit and Signed Credit Card slips- Driver will be paid or credited at time of presentation at a cashiering station

(ii) Batch Close- No Debit Slips if the batch close shows a Debit Slip and the driver has misplaced or lost the slip the Driver will be paid or credited at the time of presentation at a cashiering station

(iii) Batch Close No Credit Card Slip- No Slip No Payment at time of cashiering (driver is to go to Driver Admin in this instance) If the driver has a signed manual slip and the last 4 numbers of the card match those on the batch close the slip will be accepted by the cashier

NO BATCH CLOSE REPORT -If a Driver has lost or misplaced Batch Close report the Driver is to go straight to Driver Admin (not cashiering) The Driver is to bring the receipts (if there is a credit card slip with no signature there is a separate procedure for this below) he has for which he has not batch close Driver Admin will initiate a Batch Close Incident Report which has a Control Number for future reference The Procedure is as follows

(i) Driver Admin to Photocopy all Slips and write the Control from the Batch Close Incident Form on the photocopy and date the sheet The

Collective Agreement ccCompanyraquo Page 53

bull

bull

Driver is to keep this in the event of a dispute or apparent nonshypayment in account

(ii) Driver Admin will complete the top copy of the report attach a copy of the slips The Driver will complete the bottom part of the report and sign it

(iii) Management will need 72 hours (three business days) from the date of Incident Report to investigate the transaction has been settled in the POS unit

(iv) Providing Management confirms the transaction is complete the slips will be credited to the Drivers account and a receipt will be printed A copy of the receipt is attached to the Batch Close Incident Report The Control from the Form is entered when the the amount is credited for reference A receipt can be printed at that time by cashier

(v) In the event that a driver does not have a Batch Close and presents a credit card slip with no signature the following will apply

(vi) If the Driver experiences a problem with the Batch Close or operation of the unit the Driver is to bring the unit to the office during normal hours Management will investigate the issue and call Driver to reshyissue the unit completing paperwork for the replacement unit which the driver will sign

Any driver attempting to defraud a customer by processing a debit or credit slip more than once will be terminated

Collective Agreement laquoCompany)) Page 54

bull

bull

SCHEDULE E STOLEN FARE POLICY

Whenever the Dispatch Supervisor receives a complaint that a fare either dispatched to the complainant or from within the same block of taxi standconcession on which the complainant is parked has been stolen and the identification of the accused is made known the Supervisor shall

(a) Bring the accused to voice and notify himher of the allegations

(b) Inform the complainant that a deposit of forty dollars ($4000) must accompany his accusation and to be deposited within one (1) hour of the complaint Where applicable inform the complainant that the accused wishes to challenge the allegations and the date and time of the hearing shall be known to both parties

(c) A failure of either party to attend the hearing will result in an additional fine of forty dollars ($4000) to be paid within sixty (60) minutes of the conclusion of the hearing or a suspension ob the absent party until payment is received

(d) Inform the accused of the available options

(i) Arrange for repayment of the fare in its entirety to a minimum of forty dollars ($4000) to the complainant a Union representative or the Company on behalf of the complainant within sixty (60) minutes or

(ii) If the allegation is being denied and the accused wishes to refute it forty dollars ($4000) must be deposited at the dispatch office within sixty (60) minutes with a notification to the Dispatch Supervisor that the allegation is being challenged

Where the accused fails to respond to two (2) voice messages or refuses to comply with (c) the accused shall have dispatch services suspended until in compliance or the Company receives instructions from a Union Representative to do otherwise

The penalty for a wrongful accusation is the payment of forty dollars ($4000) to the accused by the accuser in addition to the return of the accuseds deposited payment

It is understood and agreed that the action(s) of the Dispatch Supervisor(s) in the compliance of this Policy is not to be construed as a determination of who is the guilty party In all disputes regarding stolen fares the Committee shall make the final determination with respect to guilt

Collective Agreement laquoCompany Page 55

bull

bull

Note Such fare(s) will not be considered as Stolen Fare(s) if picked up by driver(s) arriving on the Concession(s)Taxi Stand(s) prior the driver(s) who accepted the dispatched fare(s)

Collective Agreement ((Company Page 56

bull bull

APPENDIX 1

PLATE CAR LESSEE IND START LESSEE START

1 1027 5027 ADAM GRANT 1 91111986 111987

2 1015 5015 TIMS VAUGHN 411995 411995

3 1043 5043 MARTON FERENC G 10251995 10251995

4 1050 5050 DUBOIS JOHN 12111994 311996

5 1048 5048 SUNIL JOSHI 1111994 711996

6 1030 5030 SLIM MOHAMED 711996 7111996

7 1041 5041 JAMALEDDINE ZAHER 911996 911996

8 1040 5040 MAHEUX FRANK 11151996 181997

9 1109 1 5109 ASTLEY JAMES 1011994 1131997

10 1045 5045 MELHEM SAMIR 1211996 9211997

11 1028 5028 LABINE ANTHONY 10151980 11281997

12 1054 5054 ELmiddotNEMER NEMER 11131997 21271998

13 1113 5113 WEAGANT BROCK C 82211988 3131998

i

14 1039 5039 SOBH HAC HEM 11171997 5111998

15 1044 1 5044 MOUFARREJ RAYMOND 10241996 1161998

16 1042 5042 MCCONVILLE BILL 311992 11111998

17 1107 5107 GIANNAKOS LOUIS I 9111997 491999

18 1026 5026 VERMA LALIT 51261996 5311999

19 1033 5033 MITCHELL BRUCE 111987 9301999

i

20 1108 5108 PAPPAS CHRISTINE 121111991 1041999

rmiddot 1014 5014 NYTRA BEDRICH 961996 3302000

22 1000 5000 ABOUmiddotARRAG SAM I 611997 7132000

23 1038 5038 MUNROE JOHN 1111977 492001

24 1022 5022 RADULESCU GELU 611999 5232002

25 1139 5139 HASSOUN I MOUFID 71211999 8152002

26 1006 5006 SADER I GHASSAN 6211999 292004

27 1029 5029 CLAYTON GREG 911980 21132004

Collective Agreement ccCompany Page 57

bull

28 1034 5034 IBRAHIM 12301995 4302004

29 1037 5037 ABDALLA HASSAN I 3312000 2202006

30 1010 5010 HASSOUN AD NAN 8272001 312006

31 1031 MASSOUD 1241998 312006

32 1 1o35 5035 JANCO 911992 362006

1 33 1036 5036 SINGH BALWANT 92211999 3172006

Collective Agreement ltltCompanyraquo Page 58

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 35: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

arbitrator and this appointment shall be binding on both parties In respect of the cost of arbitration of formal grievances the parties shall share equally the fee and expenses of the sole arbitrator

2504 The formal arbitrator shall have the right to exercise all the powers provided by the Labour Relations Act as amended from time to time

2505 The Arbitrator must hand down a written decision within sixty (60) days of the date of the hearing

2506 As an alternative to the formal arbitration process set out in the foregoing paragraphs a grievance may be referred to a previously agreed-upon person who shall hear the grievance and who shall at the conclusion of the hearing give a decision immediately Such decisions may not be used to alter modify or amend any part of the collective agreement and are made without precedent or prejudice to similar or like cases Such a decision shall be final and binding upon both parties and no further action may be taken on that grievance by any means whatsoever

2507 To maintain the efficiency of this expedited process the parties shall schedule a minimum of one (1) day of arbitration every three- (3) months except in those circumstances where either party deems it necessary to schedule the arbitrator more frequently

2508 The parties shall share equally the fee and expenses of the persons selected to hear the expedited arbitration cases

2509 At all expedited arbitration hearings the Company or Member of the Owners Group shall be represented by a member of their management and the Union shall be represented by a Union staff representative or an officersteward of the Local Union

2510 The Union shall forward to the representative of the Member of the Owners Group a list of the expedited grievances to be heard on the day or days scheduled for the hearing of grievances according to the expedited arbitration procedure The aforementioned list shall be forwarded to the representative of the Member of the Owners Group no later than ten (10) working days in advance of the hearing unless otherwise mutually agreed

2511 By exception a party may call one (1) witness at an expedited arbitration

2512 Prior to proceeding to formal or expedited arbitration and at least thirty (30) days prior to the date of arbitration the parties may upon mutually agreement request that any grievance be referred to a mediator to act as a grievance mediation officer for the purpose of attempting to

Collective Agreement laquoCompanyraquo Page33

mediate a settlement of the grievance The parties shall share equally the fee and expenses of this officer

ARTICLE 26 TAXI PACKAGE

2601 The employer shall provide to the rental driver at no extra cost motor vehicle insurance with a collision provision deductible not exceeding $50000 for each accident at fault

The Owners Group shall also provide to the rental driver at no extra cost comprehensive coverage with zero (0) deductible including but not limited to fire and theft It is agreed and understood that comprehensive coverage does not cover driver added equipment

2602 Each rental driver shall be supplied for a daily twelve (12) or twenty-four (24) hour period at no extra cost a roadworthy safe sedan four (4) door taxicab with proper weather resistant tires for all seasons and with a seating capacity for not less than four (4) passengers containing

2701

2702

2703

1 A roof sign 2 A sealed taxi meter 3 A two-way radio 4 A full size spare tire subject to space limitations 5 A tire tool 6 A jack 7 A mike clip 8 A full tank of gas at start date 9 Air conditioning on replacement vehicle where possible 10 An electric rear window defroster or blower

Any equipment owned by the Owners Group that becomes inoperative shall be repaired as soon as possible

ARTICLE 27 RENTAL CHARGES AND TERMS OF AGREEMENT

This agreement shall take effect upon ratification and be binding on both parties for three (3) years and shall continue for annual periods of one year each unless either party gives at least one hundred and twenty (120) days notice that it wishes to amend this agreement

It is agreed and understood that this agreement will remain in full force and effect until amended by negotiations

Rates shall be as follows

Collective Agreement laquoCompanyn Page 34

712011 712012 712013

Stand Rent (monthly) $43900 $45000 $45900

Plate Rent (monthly) $71926 $75000 $75960

Daily Car Rental 24 hr Regular Plated $9700 $9700 $9700

24 hr Accessible Plated $10500 $10500 $10500 12 hr Regular Plated $6700 $ 6700 $6700

12 hr Accessible Plated middot $8300 $8300 $8300

Credit Card Transaction 50 50 50

Debit Card (per) Transaction $065 $065 $065 (To the Driver)

POS Rental Fee (monthly) $800 $800 $800

POS Insurance (monthly) $300 $300 $300

Note The above rates do not include HST

Note For purposes of car rental rates the weekly rents shall be six (6) times the daily rent

Note It is recommended that drivers use Company supplied POS machines and systems

2704 Employees shall pay all monies owed to the Company in the following manner Monthly By the 5th business day of the month

2705 Any employee failing to pay monies by the above dates and times shall be suspended and not reinstated until the monies are paid in full and credited to their account

2706 Employees shall be entitled to pay their rents to the company by company approved charges cash and cheque - provided the employee has at least one (1) year of seniority

Employee(s) who have one (1) cheque returned NSF shall be suspended immediately upon the company receiving notification from the

Collective Agreement ((Company Page35

bank shall lose such privilege for twelve (12) months and shall be charged the appropriate charges

ARriCLE 28 GENERAL

2801 The Company and drivers shall maintain its internal company charge system and accept major credit cards which currently include Visa Mastercard American Express and Diners Cluben Route as approved by the Company

2802

2803

2804

2805

2806

2807

This system shall continue for the duration of this Agreement so long as external factors outside the Companys control do not prevent the Company from doing so Drivers shall be entitled to cash their charges provided they do not have any outstanding balances at the offices of the Company during the hours of 0830am to 400pm Monday to Friday except holidays The Company shall make available to the employees during normal business office hours receipt cards and credit card slips All credit card charges must be authorized

Drivers shall pay a fee of five (5) of all credit card charges that they redeem

Except as otherwise provided in this agreement all passengers shall be treated in a polite professional courteous and businesslike manner at all times by both the Owners Group and the employees

If requested a properly signed receipt shall be furnished by the owner for all payments made by the driver (If requested said receipt shall show a breakdown of all payments made by the driver and the dates for which they apply) For the purposes of this clause a numbered computer receipt shall be deemed to be signed

The employees who own their own vehicles whether or not they own their own license shall have absolute choice as to where their vehicle is to be repaired andor maintained

No employee either full-time or part-time shall abuse or mistreat any vehicle or equipment (ie roof sign radios meters and aerials)

The Owners Group agrees to work with the Union to lobby the City of Ottawa to allocate stands where necessary and appropriate

The Company agrees to provide the Union with the rules covering the stands controlled by concession agreements

Collective Agreement ccCompanyraquo Page 36

bull

2808 Subject to the provision of adequate insurance coverage all car owners shall be free to place a second driver or a third driver on their vehicles should they require without interference from the Company

2809

2810

2811

2812

2813

2814

In the event the Company refuses an individual employment as a second driver or as a third driver the Company agrees that such refusal may be the subject of a grievance and the onus of proof shall rest with the Company to show just cause for such refusal

The parties agree that no vehicle will have more than three (3) drivers at any one (1) time

The Company shall take reasonable steps to maintain all current concession agreements for the duration of this agreement The Company shall take all reasonable steps to obtain additional concession agreements

The Company shall have a phone line separate from the dispatch office so that drivers business people friends of the office staff may call through middot without having to tie up the dispatchers time The separate phone line may be used by the dispatch office during non-business hours

Time-off without rental fees or loss of seniority will be given to those members of the bargaining unit who are called for jury duty Rental driver(s) must park their rental vehicle(s) at the Companys premises should the jury duty go beyond three (3) days

The Company shall maintain a drivers waiting area As well the Company shall allow the drivers to use the telephone in the office for local calls only pursuant to the current past practice

In the event of an assessment to the CompanyOwners Group by WSIB in relation to the provision of WSIB benefits for the Bargaining unit personnel the CompanyOwners group and the Union agree to renegotiate in good faith the rates set out in Article 2703 Where the parties fail to reach agreement on the issue the matter shall be referred to an arbitrator for full and final settlement

When a customer complaint is received by the dispatcher the latter will advise the customer that an authorized representative of the Company will handle the complaint in an expeditious manner Upon request by the Union the Company shall provide a copy of the computer printout and all other relevant information including but not limited to any taped conversation related to the complaint being investigated The privacy of the customer is paramount and will at all times be respected

Collective Agreement ccCompanybullbull Page 37

2901 (a)

(b)

ARriCLE 29 BEREAVEMENT LEAVE

The Members of the Owners Group agree to grant affected employee(s) the necessary time off of up to four (4) days without fees at the time of death of the following relative(s) of said employee(s) father mother spouse (includes common-law) child brother sister mother andor fathershyin-law

The Members of the Owners Group further agree to grant to affected employees two (2) days without fees at the time of death of the following relatives of the employee sister andor brother-in-law and grandparent

ARTICLE 30 SOCIAL JUSTICE FUND

3001 The Company shall pay to the Union an amount of eight hundred ($80000) dollars per collective agreement year with such amounts being made payable to the CAW Social Justice Fund Inc Said amounts shall be paid by separate cheque by the last day of February in each year of this collective agreement A tax receipt shall be supplied to the Company on receipt of said amount

ARTICLE 31 SAFETY BANQUET

3101 The Company agrees to contribute seven hundred and fifty dollars ($75000) to the Unions annual Safety Banquet in each year of the Collective Agreement

SIGNED THIS DAY OF APRIL 15 2012

FORTH~

~~

Collective Agreement laquoCompanyraquo Page38

Collective Agreement laquoCompanyraquo Page39

SCHEDULE 11 A 11 LIST OF THE OWNERS GROUP

Coventry Connections Inc

Collective Agreement ccCompanyraquo Page40

SCHEDULE nan EXISTING CUSTOMS RIGHTS AND PRIVILEGES

1 There shall be no charge for the receipt cards

2 There shall be no charge for credit card vouchers subject to suppliers (third party) availability and conditions Should the Company pursue a course of action leading to Point of Sale terminals which usage will include Debit transactions Decremental Cards and Credit Cards there would be a charge for paper usage

3 The drivers shall choose their own working hours during their shift

4 Reasonable accommodation shall be given to payment of outstanding debts for accident(s) The following minimum payments are required

A) Up to $1 00000 - $ 1 000 per day

B) Over $100000- $2000 per day

Agreed to on the understanding that this does not apply to spare cars

Collective Agreement laquoCompanyraquo Page 41

SCHEDULE C RULES AND REGULATIONS

1 The following articles of clothing are not acceptable forms of attire at OJS

(a) Sweat pants and shorts except for dress shorts Dress shorts will be allowed from April to Labour Day Drivers caught wearing inappropriate shorts will be given one (1) warning and any future occurrence with regards to inappropriate shorts will cause them to lose the right to wear dress shorts for the duration of that season Shorts can be no shorter than three (3) inches above the knees

(b) T-shirts (except Union decaled T-shirt) without lapels tank tops and muscle s1middot1irts

NB Clothing andor other attire with obscenities profanities or sexually degrading remarks are not acceptable Hair must be clean and neat Faces must be clean-shaven or beards neatly trimmed Clothing must be tear and rip free with no visible patches and is to be cleaned and ironed as required Socks must be worn at all times with all types of footwear except for sandals

2 Drivers must be courteous and pleasant at all times and must conduct themselves in a professional business-like manner

3 There is to be no abusive foul language or gestures directed at customers or the general public

4 Consumption of alcohol or drugs will not be tolerated prior to the commencement of a shift andor while driving

5 There wiil be no arguing and fighting among drivers or other DJs personnel under any circumstances

6 No playing of cards or any other games of chance is allowed at any time when working This includes any form of gambling or betting on the air

7 Profanity or abusive language on the air or in your vehicle is prohibited at all times

8 Use of cell phone during the conveyance of a customer(s) is prohibited

9 Each taxicab and driver shall carry at all times a current street guide Drivers are to make proper use of this guide to avoid unnecessary air time

Collective Agreement ccCompanyraquo Page42

10 Deliveries are to be taken directly to the destination Running other fares while occupied on deliveries will not be permitted unless approved by the dispatcher

11 No messages between drivers are permitted Drivers will receive messages to call home spouse office union office partner or garage

In addition When an authorized Union rep asks the dispatcher to have a member of the bargaining unit call them for union business only this will be allowed and if necessary a phone number will be given

12 Picking up a fare while on the way to an accepted dispatch call will not be permitted

13 Drivers must allow 5 minutes wait at the customers pick-up address

14 Drivers shall take reasonable steps to ensure that they pickup only those fares that they are dispatched to Drivers must check with dispatcher for authorization before taking another fare from same address

15 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical breakdown emergency or any other reason(s) not herein listed the dispatcher shall reshydispatch the fare and suspend the driver for one (1) hour

16 Interference or jamming of the radio is a Federal offence and will not be tolerated

17 When necessary drivers must assist customers with handling of baggage and opening and closing of doors

18 No complaining to customers about short fares or time calls A list of regular short fares will be established and such fares shall be dispatched as Locals

19 At customers request music radio and other sound systems except for the twoshyway radio must be turned off

20 Driver must issue a receipt card upon request by customer Drivers signature must be clearly marked in the appropriate place on the receipt card There is no charge for the issuance of a receipt card

21 No new driver is to commence work until he has been briefed by OJS staff in the operating of our charge account system

22 Some of the guidelines in the operation of our charge account system are as follows

Collective Agreement laquoCompanyraquo Page43

(a) All charges are to be signed with car number (eg-DJ70) and date clearly written

(b) If the fare goes to more than one destination these other destinations are to be clearly marked on the reverse side of the chit

(c) Taxi chits to be signed by the customer and dollar value to be clearly marked

(d) Gift certificates which currently have a maximum value of $500 each are to be accepted at face value and change given as required

(e) Drivers must note on back of chit the drop offpick up address if it is different from address shown on face of chit

Drivers are prohibited from buying other drivers charges whether they be DJS drivers or other cab Companys charges Violation of this rule shall result in the following fines

1st offence -2d offence bull 3rd and subsequent offences-

$5000 per chit $10000 per chit $20000 per chit

plus the face value of each chitCredit Card in all cases

The parties agree that the above penalties are specific penalties within the meaning of the Ontario Labour Relations Act An Arbitrator shall not have the power to alter or modify any penalty imposed under this clause

(f) Drivers must accept all major credit cards approved by OJS Taxi

(g) Drivers are responsible for ensuring that all necessary information is clearly marked on charge vouchers as follows

bull Customers name and signature bull Card number (correct number of digits) bull Expiry date bull Drivers signature and car number (eg-DJ70) bull Ensure proper copies of charges are submitted to the Company for

processing bull No hand written major credit card sales drafts will be accepted

23 All cars are to be cleaned inside and out by 1000 am every day with due regard given to road and weather conditions

Collective Agreement Page44

24 All drivers must ensure that they have change for $2000 at all times and will not be removed from the sheet while getting change provided they are not called

25 No taxicab driver shall charge a passenger for

(a) The cost of proceeding to an establishment for change or

(b) Waiting time while a passenger obtains the change provided the bill presented for payment is of $2000 denomination or less

26 No vehicle to be left unattended with keys in the ignition

27 No person(s) unless authorized by the Company shall accompany the driver in the vehicle while heshe is occupied with a paying fare

28 Taxis must not be left unattended on a OJS taxi concession stand for more than ten (1 0) minutes

29 Only au~horized drivers with valid licenses can operate a taxi-licensed vehicle

30 Roof sign must be removed from vehicle when not on duty or involved in an accident

31 ALL DRIVERS ARE ADVISED THAT IT IS AGAINST THE LAW AND OJS TAXI COMPANY LIMITED POLICY TO REFUSE DOG GUIDES IN THEIR CABS REFUSAL WILL RESULT IN FINES AND DISCIPLINARY ACTION BY THE COMPANY

1st offence - 1 week suspension 2nd offence - 2 weeks suspension

3rd offence - Dismissal No longer working under the OJS roof sign

Accommodating Persons with Disabilities

The Management of OJS Taxi wishes to advise all its employees drivers and others operating under the OJS Taxi roof sign of the OJS Taxi policy with respect to blind passengers whether or not they use dog guides

Under the Blind Persons Rights Act of Ontario no person may either deny any person services customarily available to the public or discriminate against any person with respect to services available to the public for the reason that they are a blind person accompanied by a dog guide

Under the Ontario Human Rights Code every person has a right to equal treatment with respect to the supply of services which includes taxi services

Collective Agreement laquoCompanyraquo Page45

bull

without discrimination because of among other things a disability A disability includes any physical impairment such as being blind visually impaired deaf or hard of hearing

Guide Dogs and Taxi Services Many disabled persons are physically dependent on guide animals in their daily activities Canadians who are blind or visually impaired deaf or hard of hearing or who have other types of disabilities such as epilepsy are dependent on guide animals

Accommodation of these individuals necessitates that they be permitted to take their guide animals with them into taxi cabs Refusing to allow them to do so will infringe on their human rights and is against the Blind Persons Rights Act of Ontario and the Ontario Human Rights Code

This notice will simply repeat what should be apparent to you all that if a blind person with or without a dog guide is refused services by any OJS Taxi driver such actions will result in fines to the driver and other disciplinary action including the possibility of suspension by the Management of DJs Taxi Co Ltd

For more information regarding guide animals please review the attached pamphlet and information sheet published by Dog Guides Canada

Any inquiries concerning this policy should be directed to any member of the Management who will if it is required explain the policy to you

32 Drivers are not allowed in the dispatch office

33 All parking tickets will be paid by the rental driver responsible

34 In order to boost with Company owned taxicabs employees must request an obtain instruction from the garage manager or his designee on the proper method of boosting in order to reduce any risk of injury to the driver passenger and damage to the vehicle(s)

In the event of misuse employees at their discretion may be either disciplined in accordance with the principle of progressive discipline or have the option of reimbursing the Company for the cost of damaged parts

35 Any driver operating a taxi while his drivers license or taxi license is under suspension will be disciplined unless the driver can obtain written proof from the Ontario Ministry of Transport andor the appropriate taxi licensing authority that the driver did not receive evidence that hisher license was suspended or cancelled

36 When necessary or requested all elderly andor disabled customers are to be assisted in and out of taxicab at all times

Collective Agreement laquoCompanyraquo Page 46

37 No stealing fares

38 Drivers are not allowed to book no loads and run the fare

39 Drivers cannot refuse dispatched fares subject to article 1304 andor where the driver believes his safety or health is at risk

40 Failure to come to voice after two (2) requests by the Dispatch Supervisor will result in the Driver being suspended in the computer

41 Dispatch staff will not make phone calls for drivers unless it is an emergency situation

42 There shall be no personalization of any fares or trips placed through the Dispatch System of OJS Taxi except for returns east of but not including the Civic Hospital within the same twenty-four (24) hour period Where a return-call has been prearranged through the Dispatch System prior to the initial call being dispatched then the return-call cannot be personalized

43 Drivers will pay monies owed to the company by 400pm on the day that they are due No driver with an outstanding balance will be allowed to book on the sheet until their account is paid in full to the business office This means credited to their account and a receipt issued

44 Dispatchers shall give the line-up every thirty- (30) minutes except for the months of December January and February On implementation of the Computerized Dispatch this clause will be eliminated

45 All deliveries shall be given out as regular calls except where provided in this agreement and all employees shall have the option to refuse to deliver alcohol When a dispatcher requests a driver to call him for information concerning a delivery the dispatcher will first give the delivery address over the radio to ensure the delivery is being dispatched correctly

46 When drivers book out of their cars to attend scheduled complaint meeting appointments they shall be allowed to remain in their spot on the line up queue passed by for fares and treated by the dispatch as if they are no longer on the sheet

When the affected driver returns to his car and books back in he shall be returned to his position in the line up queue and given his next rightful fare

The maximum time a driver shall be allowed to book out for a complaint meeting is one half-hour

Collective Agreement laquoCompanyraquo Page 47

This rule shall only apply if the affected driver does not incur any discipline as a result of the complaint meeting

47 All cabs at DJS Taxi must have a mike clip and the clip must be used Drivers must pick up their mike when communicating

48 Drivers using vans as taxicabs must have and make use of (when requested or required) a portable step to assist passengers in and out of their vehicles

49 All taxicabs must be free of any body damage and any damage must be repaired within ninety- (90) days

50 Roof signs must be kept in good working order and condition with Company approved logo clearly visible front and rear

51 In order to ensure equipment is compatible with computer dispatch system all new radio equipment must be approved by the Company prior to installation

Collective Agreement laquoCompanyraquo Page48

SCHEDULE D CREDIT CARD POLICY amp PROCEDURES

DRIVERS MUST ACCEPT ALL COMPANY APPROVED CHARGES CREDIT AND DEBIT CARDS

DRIVERS MUST HAVE A POINT OF SALE UNIT AND A MANUAL PRINTER PER CURRENT BYLAW CITY OF OTTAWA

Due to the increased use of fraudulent Credit Cards by customers in taxicabs the following procedures have been developed to protect drivers from falling victim to Credit card fraud When accepting Credit cards the following rules must be followed

Credit and Debit Cards- the following rules must be followed

AUTHORIZATION OF ALL DEBIT AND CREDIT CARDS

All Credit Card slips must be authorized regardless of amount Verification is generally done after the fare is completed but verification of an estimated or known amount can be done prior to the completion of the trip if

bull The destination is beyond the radio coverage area bull The driver has reason(s) to suspect the validity of the card

INFORMATION REQUIRED FOR ACCEPTANCE OF DEBIT ANDOR CREDIT CARD SLIP FOR PAYMENT The completed Credit Card slip must contain all the following information

(a) Vehicle Number (pre-printed on POS slip if not to be written by hand at the bottom of the slip)

(b) Drivers ID Number and Initials (c) Amount of fare and gratuity (if applicable) (d) Authorization number (Pre-printed on POS slip) (e) Date of the fare (Pre-printed on POS slip) (f) The Debit or Credit Card must be swiped at all times (in the event that the

receipt does not print imprinting Credit Card only on manual imprinter is acceptable with customers signature but the imprint of the card number has to be clear) In the case of a swiped transaction part of the card number will display per Credit and Debit Card industry rules

(g) Customers signature clearly written (Credit Card only) marked TRANSACTION COPY We will accept the CUSTOMER COPY as long as it has the customers signature Debit POS slips are to be submitted marked TRANSACTION COPY NO SIGNATURE IS REQUIRED

Collective Agreement laquoCompanyraquo Page49

DISPUTES BY A CUSTOMER

Should a debit or credit card slip be disputed by the customer their bank or other financial institution the company will investigate If such investigation proves fraud or error by the driver the driver will be charged back for the full amount of the charge

If the disputed transaction was processed on a non-company unit a $500 plus HST charge plus the value of the charge will be debited to the drivers account The Company will refund the customer for the value of the charge

Should a customer andor driver report that the charge has been approved more than once the Company will investigate The Company does not allow any refunds in the taxicab Drivers can void a transaction but this must be done before Batch Closing the transaction A Void can only be done in the presence of the customer as the card (debit or credit) must be present The driver can then re-swipe the card for the correct amount The Company publishes a toll free number for customers or drivers to call with any concerns about a transaction If a customer has been charged more than once for the incorrect amount the following procedures apply

Credit Card

The Company will verify that the customer was charged multiple times or has been over-charged and issue a refund as necessary The Company will send a copy to the customer upon request All refunds are processed on a Point of Sale unit or Virtual Merchant (on-line) The Company may contact the driver to determine the validity of the customers details

Debit Card

The Company will verify that the customer was charged multiple times or has been overcharged and issue a cheque refund as necessary The Company keeps a copy of the cheque issued

GENERAL INFORMATIONGUIDELINES

1 If the driver has overcharged the customer and has been paid the incorrect amount the Company will adjust the drivers account and provide a receipt The Company maintains a log in the even there is a dispute by the driver or the customer If the driver reports the overcharge that is logged on a Customer Incident Form which has a Control Number

2 Hand written Credit Cards will not be accepted All Credit Cards must be passed through a manual imprinter which clearly shows the full credit card number If the credit card number is not clear and cannot be authorized

Collective Agreement laquoCompany Page 50

the driver will face debitchargeback of the amount as it cannot be authorized

3 The only Credit Cards accepted by Taxitab a division of Coventry Connections Inc are

i Visa ii Mastercard iii American Express

Note Visa Mastercard and American Express all issue prepaid credit cards these are all accepted

4 Taxitab a Division of Coventry Connections accepts Debit Cards for Canadian Financial Institutions Debit Cards for foreign banks may not

work on the unit Visa Mastercard have commenced issuing Debit Cards these are all accepted These cards are clearly marked on the face of the card with the Visa and Mastercard logos

5 The following items are to be checkedverified by the driver upon presentation of a Credit Car (a to d) Debit Card (d only)

CHECK LIST

(a) Expiry Date Ensure the card is valid Check to be sure that the Card is not being used beyond the expiry date printed on the card If the card is expired refuse to accept it

(b) Altered Cards Check to see if the card has been noticeably altered in any way If it has been refuse to accept it

(c) Card holders name and signature Check that the signature on the Credit Card slip is the same name printed on the card At the same time check that the signature is the same as the signature on the rear of the card If there is no signature on the rear of the card ask the customer to sign it as you are required to check this

If in doubt ask to see some other form of identification (preferably one with a picture and signature) that ensures that the person using the card is who they say they are

(d) Amount of fare and gratuity (if applicable) The amount of the Debit or Credit card slip must be equal to the amount of the fare and the gratuity (where applicable) Each amount should be entered in their respective places and only by the customer unless otherwise directed In the case of a Debit Card customer must always enter their PIN number to

Collective Agreement ltbullCompany Page 51

authorize the card Drivers must remind customer that the TIP field comes first followed by the PIN number

(e) $150 Surcharge

Debit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated by the City of Ottawa By-Law The $150 charge is prompted by the point of sale unit automatically The Driver receives 65cent of the $150 for every transaction

Credit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated in the City of Ottawa By-Law The $150 charge is NOT prompted by the point of sale unit automatically The driver adds the $150 to the metered amount and enters this total in the base amount field

6 CAUTIONS

7

(a)

(b)

(c)

Bank Card only have the Bank name on the card

Credit Cards are identified by the VISA MASTERCARD AMERICAN EXPRESS OR DINERS CLUB-ENROUTE symbols Only Cards with these symbols will be accepted

Credit Cards will have a holographic image on the face of the card

CASH ADVANCES

The use of Credit Cards for cash advances in the taxicab is not permitted Credit Cards must only be used in the taxicab for paying for an actual fare Anyone using a Credit Card in a taxicab to obtain cash advance is most likely using a stolen or fraudulent card

8 OUT OF TOWN FARES

For the drivers protection it is suggested that for fares going out of town and the customer wishes to pay by Credit Card it is recommended that the driver authorize the fare at the beginning of the trip (dispatcher can give an estimated amount) If there is a difference process the difference at the end of the trip There is a pre-authorization feature available for Credit Card only on the Point of Sale unit The Company can activate this on driver request but the driver must be

Collective Agreement ccCompany)) Page 52

bull

9

given correct training for this There are several steps involved with pre-authorization that must be followed before batch closing

BATCH CLOSING

Drivers must close transaction in the terminals at the end of their shift Credit Card authorizations only remain in the terminal for five (5) days after that the processor closes them automatically Drivers must batch close all credit cards no later than four (4) days in order for the items to appear on the batch close report

Batch Close reports will print separately for Debit and Credit Cards and list the details of the transactions in the terminals showing the card type and the last four (4) digits of the card involved This Batch close cannot be reprinted drivers must hold on to them Attach the slips to the Batch Close and bring to the cashier The cashier will verify the attached slips are on the batch close and proceed to pay or credit the driver assuming all slips are authorized and complete (as discussed above under (1) Authorization Procedures)

The following circumstances regarding Batch Closes will apply

(i) Batch Close with All Debit and Signed Credit Card slips- Driver will be paid or credited at time of presentation at a cashiering station

(ii) Batch Close- No Debit Slips if the batch close shows a Debit Slip and the driver has misplaced or lost the slip the Driver will be paid or credited at the time of presentation at a cashiering station

(iii) Batch Close No Credit Card Slip- No Slip No Payment at time of cashiering (driver is to go to Driver Admin in this instance) If the driver has a signed manual slip and the last 4 numbers of the card match those on the batch close the slip will be accepted by the cashier

NO BATCH CLOSE REPORT -If a Driver has lost or misplaced Batch Close report the Driver is to go straight to Driver Admin (not cashiering) The Driver is to bring the receipts (if there is a credit card slip with no signature there is a separate procedure for this below) he has for which he has not batch close Driver Admin will initiate a Batch Close Incident Report which has a Control Number for future reference The Procedure is as follows

(i) Driver Admin to Photocopy all Slips and write the Control from the Batch Close Incident Form on the photocopy and date the sheet The

Collective Agreement ccCompanyraquo Page 53

bull

bull

Driver is to keep this in the event of a dispute or apparent nonshypayment in account

(ii) Driver Admin will complete the top copy of the report attach a copy of the slips The Driver will complete the bottom part of the report and sign it

(iii) Management will need 72 hours (three business days) from the date of Incident Report to investigate the transaction has been settled in the POS unit

(iv) Providing Management confirms the transaction is complete the slips will be credited to the Drivers account and a receipt will be printed A copy of the receipt is attached to the Batch Close Incident Report The Control from the Form is entered when the the amount is credited for reference A receipt can be printed at that time by cashier

(v) In the event that a driver does not have a Batch Close and presents a credit card slip with no signature the following will apply

(vi) If the Driver experiences a problem with the Batch Close or operation of the unit the Driver is to bring the unit to the office during normal hours Management will investigate the issue and call Driver to reshyissue the unit completing paperwork for the replacement unit which the driver will sign

Any driver attempting to defraud a customer by processing a debit or credit slip more than once will be terminated

Collective Agreement laquoCompany)) Page 54

bull

bull

SCHEDULE E STOLEN FARE POLICY

Whenever the Dispatch Supervisor receives a complaint that a fare either dispatched to the complainant or from within the same block of taxi standconcession on which the complainant is parked has been stolen and the identification of the accused is made known the Supervisor shall

(a) Bring the accused to voice and notify himher of the allegations

(b) Inform the complainant that a deposit of forty dollars ($4000) must accompany his accusation and to be deposited within one (1) hour of the complaint Where applicable inform the complainant that the accused wishes to challenge the allegations and the date and time of the hearing shall be known to both parties

(c) A failure of either party to attend the hearing will result in an additional fine of forty dollars ($4000) to be paid within sixty (60) minutes of the conclusion of the hearing or a suspension ob the absent party until payment is received

(d) Inform the accused of the available options

(i) Arrange for repayment of the fare in its entirety to a minimum of forty dollars ($4000) to the complainant a Union representative or the Company on behalf of the complainant within sixty (60) minutes or

(ii) If the allegation is being denied and the accused wishes to refute it forty dollars ($4000) must be deposited at the dispatch office within sixty (60) minutes with a notification to the Dispatch Supervisor that the allegation is being challenged

Where the accused fails to respond to two (2) voice messages or refuses to comply with (c) the accused shall have dispatch services suspended until in compliance or the Company receives instructions from a Union Representative to do otherwise

The penalty for a wrongful accusation is the payment of forty dollars ($4000) to the accused by the accuser in addition to the return of the accuseds deposited payment

It is understood and agreed that the action(s) of the Dispatch Supervisor(s) in the compliance of this Policy is not to be construed as a determination of who is the guilty party In all disputes regarding stolen fares the Committee shall make the final determination with respect to guilt

Collective Agreement laquoCompany Page 55

bull

bull

Note Such fare(s) will not be considered as Stolen Fare(s) if picked up by driver(s) arriving on the Concession(s)Taxi Stand(s) prior the driver(s) who accepted the dispatched fare(s)

Collective Agreement ((Company Page 56

bull bull

APPENDIX 1

PLATE CAR LESSEE IND START LESSEE START

1 1027 5027 ADAM GRANT 1 91111986 111987

2 1015 5015 TIMS VAUGHN 411995 411995

3 1043 5043 MARTON FERENC G 10251995 10251995

4 1050 5050 DUBOIS JOHN 12111994 311996

5 1048 5048 SUNIL JOSHI 1111994 711996

6 1030 5030 SLIM MOHAMED 711996 7111996

7 1041 5041 JAMALEDDINE ZAHER 911996 911996

8 1040 5040 MAHEUX FRANK 11151996 181997

9 1109 1 5109 ASTLEY JAMES 1011994 1131997

10 1045 5045 MELHEM SAMIR 1211996 9211997

11 1028 5028 LABINE ANTHONY 10151980 11281997

12 1054 5054 ELmiddotNEMER NEMER 11131997 21271998

13 1113 5113 WEAGANT BROCK C 82211988 3131998

i

14 1039 5039 SOBH HAC HEM 11171997 5111998

15 1044 1 5044 MOUFARREJ RAYMOND 10241996 1161998

16 1042 5042 MCCONVILLE BILL 311992 11111998

17 1107 5107 GIANNAKOS LOUIS I 9111997 491999

18 1026 5026 VERMA LALIT 51261996 5311999

19 1033 5033 MITCHELL BRUCE 111987 9301999

i

20 1108 5108 PAPPAS CHRISTINE 121111991 1041999

rmiddot 1014 5014 NYTRA BEDRICH 961996 3302000

22 1000 5000 ABOUmiddotARRAG SAM I 611997 7132000

23 1038 5038 MUNROE JOHN 1111977 492001

24 1022 5022 RADULESCU GELU 611999 5232002

25 1139 5139 HASSOUN I MOUFID 71211999 8152002

26 1006 5006 SADER I GHASSAN 6211999 292004

27 1029 5029 CLAYTON GREG 911980 21132004

Collective Agreement ccCompany Page 57

bull

28 1034 5034 IBRAHIM 12301995 4302004

29 1037 5037 ABDALLA HASSAN I 3312000 2202006

30 1010 5010 HASSOUN AD NAN 8272001 312006

31 1031 MASSOUD 1241998 312006

32 1 1o35 5035 JANCO 911992 362006

1 33 1036 5036 SINGH BALWANT 92211999 3172006

Collective Agreement ltltCompanyraquo Page 58

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 36: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

mediate a settlement of the grievance The parties shall share equally the fee and expenses of this officer

ARTICLE 26 TAXI PACKAGE

2601 The employer shall provide to the rental driver at no extra cost motor vehicle insurance with a collision provision deductible not exceeding $50000 for each accident at fault

The Owners Group shall also provide to the rental driver at no extra cost comprehensive coverage with zero (0) deductible including but not limited to fire and theft It is agreed and understood that comprehensive coverage does not cover driver added equipment

2602 Each rental driver shall be supplied for a daily twelve (12) or twenty-four (24) hour period at no extra cost a roadworthy safe sedan four (4) door taxicab with proper weather resistant tires for all seasons and with a seating capacity for not less than four (4) passengers containing

2701

2702

2703

1 A roof sign 2 A sealed taxi meter 3 A two-way radio 4 A full size spare tire subject to space limitations 5 A tire tool 6 A jack 7 A mike clip 8 A full tank of gas at start date 9 Air conditioning on replacement vehicle where possible 10 An electric rear window defroster or blower

Any equipment owned by the Owners Group that becomes inoperative shall be repaired as soon as possible

ARTICLE 27 RENTAL CHARGES AND TERMS OF AGREEMENT

This agreement shall take effect upon ratification and be binding on both parties for three (3) years and shall continue for annual periods of one year each unless either party gives at least one hundred and twenty (120) days notice that it wishes to amend this agreement

It is agreed and understood that this agreement will remain in full force and effect until amended by negotiations

Rates shall be as follows

Collective Agreement laquoCompanyn Page 34

712011 712012 712013

Stand Rent (monthly) $43900 $45000 $45900

Plate Rent (monthly) $71926 $75000 $75960

Daily Car Rental 24 hr Regular Plated $9700 $9700 $9700

24 hr Accessible Plated $10500 $10500 $10500 12 hr Regular Plated $6700 $ 6700 $6700

12 hr Accessible Plated middot $8300 $8300 $8300

Credit Card Transaction 50 50 50

Debit Card (per) Transaction $065 $065 $065 (To the Driver)

POS Rental Fee (monthly) $800 $800 $800

POS Insurance (monthly) $300 $300 $300

Note The above rates do not include HST

Note For purposes of car rental rates the weekly rents shall be six (6) times the daily rent

Note It is recommended that drivers use Company supplied POS machines and systems

2704 Employees shall pay all monies owed to the Company in the following manner Monthly By the 5th business day of the month

2705 Any employee failing to pay monies by the above dates and times shall be suspended and not reinstated until the monies are paid in full and credited to their account

2706 Employees shall be entitled to pay their rents to the company by company approved charges cash and cheque - provided the employee has at least one (1) year of seniority

Employee(s) who have one (1) cheque returned NSF shall be suspended immediately upon the company receiving notification from the

Collective Agreement ((Company Page35

bank shall lose such privilege for twelve (12) months and shall be charged the appropriate charges

ARriCLE 28 GENERAL

2801 The Company and drivers shall maintain its internal company charge system and accept major credit cards which currently include Visa Mastercard American Express and Diners Cluben Route as approved by the Company

2802

2803

2804

2805

2806

2807

This system shall continue for the duration of this Agreement so long as external factors outside the Companys control do not prevent the Company from doing so Drivers shall be entitled to cash their charges provided they do not have any outstanding balances at the offices of the Company during the hours of 0830am to 400pm Monday to Friday except holidays The Company shall make available to the employees during normal business office hours receipt cards and credit card slips All credit card charges must be authorized

Drivers shall pay a fee of five (5) of all credit card charges that they redeem

Except as otherwise provided in this agreement all passengers shall be treated in a polite professional courteous and businesslike manner at all times by both the Owners Group and the employees

If requested a properly signed receipt shall be furnished by the owner for all payments made by the driver (If requested said receipt shall show a breakdown of all payments made by the driver and the dates for which they apply) For the purposes of this clause a numbered computer receipt shall be deemed to be signed

The employees who own their own vehicles whether or not they own their own license shall have absolute choice as to where their vehicle is to be repaired andor maintained

No employee either full-time or part-time shall abuse or mistreat any vehicle or equipment (ie roof sign radios meters and aerials)

The Owners Group agrees to work with the Union to lobby the City of Ottawa to allocate stands where necessary and appropriate

The Company agrees to provide the Union with the rules covering the stands controlled by concession agreements

Collective Agreement ccCompanyraquo Page 36

bull

2808 Subject to the provision of adequate insurance coverage all car owners shall be free to place a second driver or a third driver on their vehicles should they require without interference from the Company

2809

2810

2811

2812

2813

2814

In the event the Company refuses an individual employment as a second driver or as a third driver the Company agrees that such refusal may be the subject of a grievance and the onus of proof shall rest with the Company to show just cause for such refusal

The parties agree that no vehicle will have more than three (3) drivers at any one (1) time

The Company shall take reasonable steps to maintain all current concession agreements for the duration of this agreement The Company shall take all reasonable steps to obtain additional concession agreements

The Company shall have a phone line separate from the dispatch office so that drivers business people friends of the office staff may call through middot without having to tie up the dispatchers time The separate phone line may be used by the dispatch office during non-business hours

Time-off without rental fees or loss of seniority will be given to those members of the bargaining unit who are called for jury duty Rental driver(s) must park their rental vehicle(s) at the Companys premises should the jury duty go beyond three (3) days

The Company shall maintain a drivers waiting area As well the Company shall allow the drivers to use the telephone in the office for local calls only pursuant to the current past practice

In the event of an assessment to the CompanyOwners Group by WSIB in relation to the provision of WSIB benefits for the Bargaining unit personnel the CompanyOwners group and the Union agree to renegotiate in good faith the rates set out in Article 2703 Where the parties fail to reach agreement on the issue the matter shall be referred to an arbitrator for full and final settlement

When a customer complaint is received by the dispatcher the latter will advise the customer that an authorized representative of the Company will handle the complaint in an expeditious manner Upon request by the Union the Company shall provide a copy of the computer printout and all other relevant information including but not limited to any taped conversation related to the complaint being investigated The privacy of the customer is paramount and will at all times be respected

Collective Agreement ccCompanybullbull Page 37

2901 (a)

(b)

ARriCLE 29 BEREAVEMENT LEAVE

The Members of the Owners Group agree to grant affected employee(s) the necessary time off of up to four (4) days without fees at the time of death of the following relative(s) of said employee(s) father mother spouse (includes common-law) child brother sister mother andor fathershyin-law

The Members of the Owners Group further agree to grant to affected employees two (2) days without fees at the time of death of the following relatives of the employee sister andor brother-in-law and grandparent

ARTICLE 30 SOCIAL JUSTICE FUND

3001 The Company shall pay to the Union an amount of eight hundred ($80000) dollars per collective agreement year with such amounts being made payable to the CAW Social Justice Fund Inc Said amounts shall be paid by separate cheque by the last day of February in each year of this collective agreement A tax receipt shall be supplied to the Company on receipt of said amount

ARTICLE 31 SAFETY BANQUET

3101 The Company agrees to contribute seven hundred and fifty dollars ($75000) to the Unions annual Safety Banquet in each year of the Collective Agreement

SIGNED THIS DAY OF APRIL 15 2012

FORTH~

~~

Collective Agreement laquoCompanyraquo Page38

Collective Agreement laquoCompanyraquo Page39

SCHEDULE 11 A 11 LIST OF THE OWNERS GROUP

Coventry Connections Inc

Collective Agreement ccCompanyraquo Page40

SCHEDULE nan EXISTING CUSTOMS RIGHTS AND PRIVILEGES

1 There shall be no charge for the receipt cards

2 There shall be no charge for credit card vouchers subject to suppliers (third party) availability and conditions Should the Company pursue a course of action leading to Point of Sale terminals which usage will include Debit transactions Decremental Cards and Credit Cards there would be a charge for paper usage

3 The drivers shall choose their own working hours during their shift

4 Reasonable accommodation shall be given to payment of outstanding debts for accident(s) The following minimum payments are required

A) Up to $1 00000 - $ 1 000 per day

B) Over $100000- $2000 per day

Agreed to on the understanding that this does not apply to spare cars

Collective Agreement laquoCompanyraquo Page 41

SCHEDULE C RULES AND REGULATIONS

1 The following articles of clothing are not acceptable forms of attire at OJS

(a) Sweat pants and shorts except for dress shorts Dress shorts will be allowed from April to Labour Day Drivers caught wearing inappropriate shorts will be given one (1) warning and any future occurrence with regards to inappropriate shorts will cause them to lose the right to wear dress shorts for the duration of that season Shorts can be no shorter than three (3) inches above the knees

(b) T-shirts (except Union decaled T-shirt) without lapels tank tops and muscle s1middot1irts

NB Clothing andor other attire with obscenities profanities or sexually degrading remarks are not acceptable Hair must be clean and neat Faces must be clean-shaven or beards neatly trimmed Clothing must be tear and rip free with no visible patches and is to be cleaned and ironed as required Socks must be worn at all times with all types of footwear except for sandals

2 Drivers must be courteous and pleasant at all times and must conduct themselves in a professional business-like manner

3 There is to be no abusive foul language or gestures directed at customers or the general public

4 Consumption of alcohol or drugs will not be tolerated prior to the commencement of a shift andor while driving

5 There wiil be no arguing and fighting among drivers or other DJs personnel under any circumstances

6 No playing of cards or any other games of chance is allowed at any time when working This includes any form of gambling or betting on the air

7 Profanity or abusive language on the air or in your vehicle is prohibited at all times

8 Use of cell phone during the conveyance of a customer(s) is prohibited

9 Each taxicab and driver shall carry at all times a current street guide Drivers are to make proper use of this guide to avoid unnecessary air time

Collective Agreement ccCompanyraquo Page42

10 Deliveries are to be taken directly to the destination Running other fares while occupied on deliveries will not be permitted unless approved by the dispatcher

11 No messages between drivers are permitted Drivers will receive messages to call home spouse office union office partner or garage

In addition When an authorized Union rep asks the dispatcher to have a member of the bargaining unit call them for union business only this will be allowed and if necessary a phone number will be given

12 Picking up a fare while on the way to an accepted dispatch call will not be permitted

13 Drivers must allow 5 minutes wait at the customers pick-up address

14 Drivers shall take reasonable steps to ensure that they pickup only those fares that they are dispatched to Drivers must check with dispatcher for authorization before taking another fare from same address

15 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical breakdown emergency or any other reason(s) not herein listed the dispatcher shall reshydispatch the fare and suspend the driver for one (1) hour

16 Interference or jamming of the radio is a Federal offence and will not be tolerated

17 When necessary drivers must assist customers with handling of baggage and opening and closing of doors

18 No complaining to customers about short fares or time calls A list of regular short fares will be established and such fares shall be dispatched as Locals

19 At customers request music radio and other sound systems except for the twoshyway radio must be turned off

20 Driver must issue a receipt card upon request by customer Drivers signature must be clearly marked in the appropriate place on the receipt card There is no charge for the issuance of a receipt card

21 No new driver is to commence work until he has been briefed by OJS staff in the operating of our charge account system

22 Some of the guidelines in the operation of our charge account system are as follows

Collective Agreement laquoCompanyraquo Page43

(a) All charges are to be signed with car number (eg-DJ70) and date clearly written

(b) If the fare goes to more than one destination these other destinations are to be clearly marked on the reverse side of the chit

(c) Taxi chits to be signed by the customer and dollar value to be clearly marked

(d) Gift certificates which currently have a maximum value of $500 each are to be accepted at face value and change given as required

(e) Drivers must note on back of chit the drop offpick up address if it is different from address shown on face of chit

Drivers are prohibited from buying other drivers charges whether they be DJS drivers or other cab Companys charges Violation of this rule shall result in the following fines

1st offence -2d offence bull 3rd and subsequent offences-

$5000 per chit $10000 per chit $20000 per chit

plus the face value of each chitCredit Card in all cases

The parties agree that the above penalties are specific penalties within the meaning of the Ontario Labour Relations Act An Arbitrator shall not have the power to alter or modify any penalty imposed under this clause

(f) Drivers must accept all major credit cards approved by OJS Taxi

(g) Drivers are responsible for ensuring that all necessary information is clearly marked on charge vouchers as follows

bull Customers name and signature bull Card number (correct number of digits) bull Expiry date bull Drivers signature and car number (eg-DJ70) bull Ensure proper copies of charges are submitted to the Company for

processing bull No hand written major credit card sales drafts will be accepted

23 All cars are to be cleaned inside and out by 1000 am every day with due regard given to road and weather conditions

Collective Agreement Page44

24 All drivers must ensure that they have change for $2000 at all times and will not be removed from the sheet while getting change provided they are not called

25 No taxicab driver shall charge a passenger for

(a) The cost of proceeding to an establishment for change or

(b) Waiting time while a passenger obtains the change provided the bill presented for payment is of $2000 denomination or less

26 No vehicle to be left unattended with keys in the ignition

27 No person(s) unless authorized by the Company shall accompany the driver in the vehicle while heshe is occupied with a paying fare

28 Taxis must not be left unattended on a OJS taxi concession stand for more than ten (1 0) minutes

29 Only au~horized drivers with valid licenses can operate a taxi-licensed vehicle

30 Roof sign must be removed from vehicle when not on duty or involved in an accident

31 ALL DRIVERS ARE ADVISED THAT IT IS AGAINST THE LAW AND OJS TAXI COMPANY LIMITED POLICY TO REFUSE DOG GUIDES IN THEIR CABS REFUSAL WILL RESULT IN FINES AND DISCIPLINARY ACTION BY THE COMPANY

1st offence - 1 week suspension 2nd offence - 2 weeks suspension

3rd offence - Dismissal No longer working under the OJS roof sign

Accommodating Persons with Disabilities

The Management of OJS Taxi wishes to advise all its employees drivers and others operating under the OJS Taxi roof sign of the OJS Taxi policy with respect to blind passengers whether or not they use dog guides

Under the Blind Persons Rights Act of Ontario no person may either deny any person services customarily available to the public or discriminate against any person with respect to services available to the public for the reason that they are a blind person accompanied by a dog guide

Under the Ontario Human Rights Code every person has a right to equal treatment with respect to the supply of services which includes taxi services

Collective Agreement laquoCompanyraquo Page45

bull

without discrimination because of among other things a disability A disability includes any physical impairment such as being blind visually impaired deaf or hard of hearing

Guide Dogs and Taxi Services Many disabled persons are physically dependent on guide animals in their daily activities Canadians who are blind or visually impaired deaf or hard of hearing or who have other types of disabilities such as epilepsy are dependent on guide animals

Accommodation of these individuals necessitates that they be permitted to take their guide animals with them into taxi cabs Refusing to allow them to do so will infringe on their human rights and is against the Blind Persons Rights Act of Ontario and the Ontario Human Rights Code

This notice will simply repeat what should be apparent to you all that if a blind person with or without a dog guide is refused services by any OJS Taxi driver such actions will result in fines to the driver and other disciplinary action including the possibility of suspension by the Management of DJs Taxi Co Ltd

For more information regarding guide animals please review the attached pamphlet and information sheet published by Dog Guides Canada

Any inquiries concerning this policy should be directed to any member of the Management who will if it is required explain the policy to you

32 Drivers are not allowed in the dispatch office

33 All parking tickets will be paid by the rental driver responsible

34 In order to boost with Company owned taxicabs employees must request an obtain instruction from the garage manager or his designee on the proper method of boosting in order to reduce any risk of injury to the driver passenger and damage to the vehicle(s)

In the event of misuse employees at their discretion may be either disciplined in accordance with the principle of progressive discipline or have the option of reimbursing the Company for the cost of damaged parts

35 Any driver operating a taxi while his drivers license or taxi license is under suspension will be disciplined unless the driver can obtain written proof from the Ontario Ministry of Transport andor the appropriate taxi licensing authority that the driver did not receive evidence that hisher license was suspended or cancelled

36 When necessary or requested all elderly andor disabled customers are to be assisted in and out of taxicab at all times

Collective Agreement laquoCompanyraquo Page 46

37 No stealing fares

38 Drivers are not allowed to book no loads and run the fare

39 Drivers cannot refuse dispatched fares subject to article 1304 andor where the driver believes his safety or health is at risk

40 Failure to come to voice after two (2) requests by the Dispatch Supervisor will result in the Driver being suspended in the computer

41 Dispatch staff will not make phone calls for drivers unless it is an emergency situation

42 There shall be no personalization of any fares or trips placed through the Dispatch System of OJS Taxi except for returns east of but not including the Civic Hospital within the same twenty-four (24) hour period Where a return-call has been prearranged through the Dispatch System prior to the initial call being dispatched then the return-call cannot be personalized

43 Drivers will pay monies owed to the company by 400pm on the day that they are due No driver with an outstanding balance will be allowed to book on the sheet until their account is paid in full to the business office This means credited to their account and a receipt issued

44 Dispatchers shall give the line-up every thirty- (30) minutes except for the months of December January and February On implementation of the Computerized Dispatch this clause will be eliminated

45 All deliveries shall be given out as regular calls except where provided in this agreement and all employees shall have the option to refuse to deliver alcohol When a dispatcher requests a driver to call him for information concerning a delivery the dispatcher will first give the delivery address over the radio to ensure the delivery is being dispatched correctly

46 When drivers book out of their cars to attend scheduled complaint meeting appointments they shall be allowed to remain in their spot on the line up queue passed by for fares and treated by the dispatch as if they are no longer on the sheet

When the affected driver returns to his car and books back in he shall be returned to his position in the line up queue and given his next rightful fare

The maximum time a driver shall be allowed to book out for a complaint meeting is one half-hour

Collective Agreement laquoCompanyraquo Page 47

This rule shall only apply if the affected driver does not incur any discipline as a result of the complaint meeting

47 All cabs at DJS Taxi must have a mike clip and the clip must be used Drivers must pick up their mike when communicating

48 Drivers using vans as taxicabs must have and make use of (when requested or required) a portable step to assist passengers in and out of their vehicles

49 All taxicabs must be free of any body damage and any damage must be repaired within ninety- (90) days

50 Roof signs must be kept in good working order and condition with Company approved logo clearly visible front and rear

51 In order to ensure equipment is compatible with computer dispatch system all new radio equipment must be approved by the Company prior to installation

Collective Agreement laquoCompanyraquo Page48

SCHEDULE D CREDIT CARD POLICY amp PROCEDURES

DRIVERS MUST ACCEPT ALL COMPANY APPROVED CHARGES CREDIT AND DEBIT CARDS

DRIVERS MUST HAVE A POINT OF SALE UNIT AND A MANUAL PRINTER PER CURRENT BYLAW CITY OF OTTAWA

Due to the increased use of fraudulent Credit Cards by customers in taxicabs the following procedures have been developed to protect drivers from falling victim to Credit card fraud When accepting Credit cards the following rules must be followed

Credit and Debit Cards- the following rules must be followed

AUTHORIZATION OF ALL DEBIT AND CREDIT CARDS

All Credit Card slips must be authorized regardless of amount Verification is generally done after the fare is completed but verification of an estimated or known amount can be done prior to the completion of the trip if

bull The destination is beyond the radio coverage area bull The driver has reason(s) to suspect the validity of the card

INFORMATION REQUIRED FOR ACCEPTANCE OF DEBIT ANDOR CREDIT CARD SLIP FOR PAYMENT The completed Credit Card slip must contain all the following information

(a) Vehicle Number (pre-printed on POS slip if not to be written by hand at the bottom of the slip)

(b) Drivers ID Number and Initials (c) Amount of fare and gratuity (if applicable) (d) Authorization number (Pre-printed on POS slip) (e) Date of the fare (Pre-printed on POS slip) (f) The Debit or Credit Card must be swiped at all times (in the event that the

receipt does not print imprinting Credit Card only on manual imprinter is acceptable with customers signature but the imprint of the card number has to be clear) In the case of a swiped transaction part of the card number will display per Credit and Debit Card industry rules

(g) Customers signature clearly written (Credit Card only) marked TRANSACTION COPY We will accept the CUSTOMER COPY as long as it has the customers signature Debit POS slips are to be submitted marked TRANSACTION COPY NO SIGNATURE IS REQUIRED

Collective Agreement laquoCompanyraquo Page49

DISPUTES BY A CUSTOMER

Should a debit or credit card slip be disputed by the customer their bank or other financial institution the company will investigate If such investigation proves fraud or error by the driver the driver will be charged back for the full amount of the charge

If the disputed transaction was processed on a non-company unit a $500 plus HST charge plus the value of the charge will be debited to the drivers account The Company will refund the customer for the value of the charge

Should a customer andor driver report that the charge has been approved more than once the Company will investigate The Company does not allow any refunds in the taxicab Drivers can void a transaction but this must be done before Batch Closing the transaction A Void can only be done in the presence of the customer as the card (debit or credit) must be present The driver can then re-swipe the card for the correct amount The Company publishes a toll free number for customers or drivers to call with any concerns about a transaction If a customer has been charged more than once for the incorrect amount the following procedures apply

Credit Card

The Company will verify that the customer was charged multiple times or has been over-charged and issue a refund as necessary The Company will send a copy to the customer upon request All refunds are processed on a Point of Sale unit or Virtual Merchant (on-line) The Company may contact the driver to determine the validity of the customers details

Debit Card

The Company will verify that the customer was charged multiple times or has been overcharged and issue a cheque refund as necessary The Company keeps a copy of the cheque issued

GENERAL INFORMATIONGUIDELINES

1 If the driver has overcharged the customer and has been paid the incorrect amount the Company will adjust the drivers account and provide a receipt The Company maintains a log in the even there is a dispute by the driver or the customer If the driver reports the overcharge that is logged on a Customer Incident Form which has a Control Number

2 Hand written Credit Cards will not be accepted All Credit Cards must be passed through a manual imprinter which clearly shows the full credit card number If the credit card number is not clear and cannot be authorized

Collective Agreement laquoCompany Page 50

the driver will face debitchargeback of the amount as it cannot be authorized

3 The only Credit Cards accepted by Taxitab a division of Coventry Connections Inc are

i Visa ii Mastercard iii American Express

Note Visa Mastercard and American Express all issue prepaid credit cards these are all accepted

4 Taxitab a Division of Coventry Connections accepts Debit Cards for Canadian Financial Institutions Debit Cards for foreign banks may not

work on the unit Visa Mastercard have commenced issuing Debit Cards these are all accepted These cards are clearly marked on the face of the card with the Visa and Mastercard logos

5 The following items are to be checkedverified by the driver upon presentation of a Credit Car (a to d) Debit Card (d only)

CHECK LIST

(a) Expiry Date Ensure the card is valid Check to be sure that the Card is not being used beyond the expiry date printed on the card If the card is expired refuse to accept it

(b) Altered Cards Check to see if the card has been noticeably altered in any way If it has been refuse to accept it

(c) Card holders name and signature Check that the signature on the Credit Card slip is the same name printed on the card At the same time check that the signature is the same as the signature on the rear of the card If there is no signature on the rear of the card ask the customer to sign it as you are required to check this

If in doubt ask to see some other form of identification (preferably one with a picture and signature) that ensures that the person using the card is who they say they are

(d) Amount of fare and gratuity (if applicable) The amount of the Debit or Credit card slip must be equal to the amount of the fare and the gratuity (where applicable) Each amount should be entered in their respective places and only by the customer unless otherwise directed In the case of a Debit Card customer must always enter their PIN number to

Collective Agreement ltbullCompany Page 51

authorize the card Drivers must remind customer that the TIP field comes first followed by the PIN number

(e) $150 Surcharge

Debit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated by the City of Ottawa By-Law The $150 charge is prompted by the point of sale unit automatically The Driver receives 65cent of the $150 for every transaction

Credit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated in the City of Ottawa By-Law The $150 charge is NOT prompted by the point of sale unit automatically The driver adds the $150 to the metered amount and enters this total in the base amount field

6 CAUTIONS

7

(a)

(b)

(c)

Bank Card only have the Bank name on the card

Credit Cards are identified by the VISA MASTERCARD AMERICAN EXPRESS OR DINERS CLUB-ENROUTE symbols Only Cards with these symbols will be accepted

Credit Cards will have a holographic image on the face of the card

CASH ADVANCES

The use of Credit Cards for cash advances in the taxicab is not permitted Credit Cards must only be used in the taxicab for paying for an actual fare Anyone using a Credit Card in a taxicab to obtain cash advance is most likely using a stolen or fraudulent card

8 OUT OF TOWN FARES

For the drivers protection it is suggested that for fares going out of town and the customer wishes to pay by Credit Card it is recommended that the driver authorize the fare at the beginning of the trip (dispatcher can give an estimated amount) If there is a difference process the difference at the end of the trip There is a pre-authorization feature available for Credit Card only on the Point of Sale unit The Company can activate this on driver request but the driver must be

Collective Agreement ccCompany)) Page 52

bull

9

given correct training for this There are several steps involved with pre-authorization that must be followed before batch closing

BATCH CLOSING

Drivers must close transaction in the terminals at the end of their shift Credit Card authorizations only remain in the terminal for five (5) days after that the processor closes them automatically Drivers must batch close all credit cards no later than four (4) days in order for the items to appear on the batch close report

Batch Close reports will print separately for Debit and Credit Cards and list the details of the transactions in the terminals showing the card type and the last four (4) digits of the card involved This Batch close cannot be reprinted drivers must hold on to them Attach the slips to the Batch Close and bring to the cashier The cashier will verify the attached slips are on the batch close and proceed to pay or credit the driver assuming all slips are authorized and complete (as discussed above under (1) Authorization Procedures)

The following circumstances regarding Batch Closes will apply

(i) Batch Close with All Debit and Signed Credit Card slips- Driver will be paid or credited at time of presentation at a cashiering station

(ii) Batch Close- No Debit Slips if the batch close shows a Debit Slip and the driver has misplaced or lost the slip the Driver will be paid or credited at the time of presentation at a cashiering station

(iii) Batch Close No Credit Card Slip- No Slip No Payment at time of cashiering (driver is to go to Driver Admin in this instance) If the driver has a signed manual slip and the last 4 numbers of the card match those on the batch close the slip will be accepted by the cashier

NO BATCH CLOSE REPORT -If a Driver has lost or misplaced Batch Close report the Driver is to go straight to Driver Admin (not cashiering) The Driver is to bring the receipts (if there is a credit card slip with no signature there is a separate procedure for this below) he has for which he has not batch close Driver Admin will initiate a Batch Close Incident Report which has a Control Number for future reference The Procedure is as follows

(i) Driver Admin to Photocopy all Slips and write the Control from the Batch Close Incident Form on the photocopy and date the sheet The

Collective Agreement ccCompanyraquo Page 53

bull

bull

Driver is to keep this in the event of a dispute or apparent nonshypayment in account

(ii) Driver Admin will complete the top copy of the report attach a copy of the slips The Driver will complete the bottom part of the report and sign it

(iii) Management will need 72 hours (three business days) from the date of Incident Report to investigate the transaction has been settled in the POS unit

(iv) Providing Management confirms the transaction is complete the slips will be credited to the Drivers account and a receipt will be printed A copy of the receipt is attached to the Batch Close Incident Report The Control from the Form is entered when the the amount is credited for reference A receipt can be printed at that time by cashier

(v) In the event that a driver does not have a Batch Close and presents a credit card slip with no signature the following will apply

(vi) If the Driver experiences a problem with the Batch Close or operation of the unit the Driver is to bring the unit to the office during normal hours Management will investigate the issue and call Driver to reshyissue the unit completing paperwork for the replacement unit which the driver will sign

Any driver attempting to defraud a customer by processing a debit or credit slip more than once will be terminated

Collective Agreement laquoCompany)) Page 54

bull

bull

SCHEDULE E STOLEN FARE POLICY

Whenever the Dispatch Supervisor receives a complaint that a fare either dispatched to the complainant or from within the same block of taxi standconcession on which the complainant is parked has been stolen and the identification of the accused is made known the Supervisor shall

(a) Bring the accused to voice and notify himher of the allegations

(b) Inform the complainant that a deposit of forty dollars ($4000) must accompany his accusation and to be deposited within one (1) hour of the complaint Where applicable inform the complainant that the accused wishes to challenge the allegations and the date and time of the hearing shall be known to both parties

(c) A failure of either party to attend the hearing will result in an additional fine of forty dollars ($4000) to be paid within sixty (60) minutes of the conclusion of the hearing or a suspension ob the absent party until payment is received

(d) Inform the accused of the available options

(i) Arrange for repayment of the fare in its entirety to a minimum of forty dollars ($4000) to the complainant a Union representative or the Company on behalf of the complainant within sixty (60) minutes or

(ii) If the allegation is being denied and the accused wishes to refute it forty dollars ($4000) must be deposited at the dispatch office within sixty (60) minutes with a notification to the Dispatch Supervisor that the allegation is being challenged

Where the accused fails to respond to two (2) voice messages or refuses to comply with (c) the accused shall have dispatch services suspended until in compliance or the Company receives instructions from a Union Representative to do otherwise

The penalty for a wrongful accusation is the payment of forty dollars ($4000) to the accused by the accuser in addition to the return of the accuseds deposited payment

It is understood and agreed that the action(s) of the Dispatch Supervisor(s) in the compliance of this Policy is not to be construed as a determination of who is the guilty party In all disputes regarding stolen fares the Committee shall make the final determination with respect to guilt

Collective Agreement laquoCompany Page 55

bull

bull

Note Such fare(s) will not be considered as Stolen Fare(s) if picked up by driver(s) arriving on the Concession(s)Taxi Stand(s) prior the driver(s) who accepted the dispatched fare(s)

Collective Agreement ((Company Page 56

bull bull

APPENDIX 1

PLATE CAR LESSEE IND START LESSEE START

1 1027 5027 ADAM GRANT 1 91111986 111987

2 1015 5015 TIMS VAUGHN 411995 411995

3 1043 5043 MARTON FERENC G 10251995 10251995

4 1050 5050 DUBOIS JOHN 12111994 311996

5 1048 5048 SUNIL JOSHI 1111994 711996

6 1030 5030 SLIM MOHAMED 711996 7111996

7 1041 5041 JAMALEDDINE ZAHER 911996 911996

8 1040 5040 MAHEUX FRANK 11151996 181997

9 1109 1 5109 ASTLEY JAMES 1011994 1131997

10 1045 5045 MELHEM SAMIR 1211996 9211997

11 1028 5028 LABINE ANTHONY 10151980 11281997

12 1054 5054 ELmiddotNEMER NEMER 11131997 21271998

13 1113 5113 WEAGANT BROCK C 82211988 3131998

i

14 1039 5039 SOBH HAC HEM 11171997 5111998

15 1044 1 5044 MOUFARREJ RAYMOND 10241996 1161998

16 1042 5042 MCCONVILLE BILL 311992 11111998

17 1107 5107 GIANNAKOS LOUIS I 9111997 491999

18 1026 5026 VERMA LALIT 51261996 5311999

19 1033 5033 MITCHELL BRUCE 111987 9301999

i

20 1108 5108 PAPPAS CHRISTINE 121111991 1041999

rmiddot 1014 5014 NYTRA BEDRICH 961996 3302000

22 1000 5000 ABOUmiddotARRAG SAM I 611997 7132000

23 1038 5038 MUNROE JOHN 1111977 492001

24 1022 5022 RADULESCU GELU 611999 5232002

25 1139 5139 HASSOUN I MOUFID 71211999 8152002

26 1006 5006 SADER I GHASSAN 6211999 292004

27 1029 5029 CLAYTON GREG 911980 21132004

Collective Agreement ccCompany Page 57

bull

28 1034 5034 IBRAHIM 12301995 4302004

29 1037 5037 ABDALLA HASSAN I 3312000 2202006

30 1010 5010 HASSOUN AD NAN 8272001 312006

31 1031 MASSOUD 1241998 312006

32 1 1o35 5035 JANCO 911992 362006

1 33 1036 5036 SINGH BALWANT 92211999 3172006

Collective Agreement ltltCompanyraquo Page 58

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 37: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

712011 712012 712013

Stand Rent (monthly) $43900 $45000 $45900

Plate Rent (monthly) $71926 $75000 $75960

Daily Car Rental 24 hr Regular Plated $9700 $9700 $9700

24 hr Accessible Plated $10500 $10500 $10500 12 hr Regular Plated $6700 $ 6700 $6700

12 hr Accessible Plated middot $8300 $8300 $8300

Credit Card Transaction 50 50 50

Debit Card (per) Transaction $065 $065 $065 (To the Driver)

POS Rental Fee (monthly) $800 $800 $800

POS Insurance (monthly) $300 $300 $300

Note The above rates do not include HST

Note For purposes of car rental rates the weekly rents shall be six (6) times the daily rent

Note It is recommended that drivers use Company supplied POS machines and systems

2704 Employees shall pay all monies owed to the Company in the following manner Monthly By the 5th business day of the month

2705 Any employee failing to pay monies by the above dates and times shall be suspended and not reinstated until the monies are paid in full and credited to their account

2706 Employees shall be entitled to pay their rents to the company by company approved charges cash and cheque - provided the employee has at least one (1) year of seniority

Employee(s) who have one (1) cheque returned NSF shall be suspended immediately upon the company receiving notification from the

Collective Agreement ((Company Page35

bank shall lose such privilege for twelve (12) months and shall be charged the appropriate charges

ARriCLE 28 GENERAL

2801 The Company and drivers shall maintain its internal company charge system and accept major credit cards which currently include Visa Mastercard American Express and Diners Cluben Route as approved by the Company

2802

2803

2804

2805

2806

2807

This system shall continue for the duration of this Agreement so long as external factors outside the Companys control do not prevent the Company from doing so Drivers shall be entitled to cash their charges provided they do not have any outstanding balances at the offices of the Company during the hours of 0830am to 400pm Monday to Friday except holidays The Company shall make available to the employees during normal business office hours receipt cards and credit card slips All credit card charges must be authorized

Drivers shall pay a fee of five (5) of all credit card charges that they redeem

Except as otherwise provided in this agreement all passengers shall be treated in a polite professional courteous and businesslike manner at all times by both the Owners Group and the employees

If requested a properly signed receipt shall be furnished by the owner for all payments made by the driver (If requested said receipt shall show a breakdown of all payments made by the driver and the dates for which they apply) For the purposes of this clause a numbered computer receipt shall be deemed to be signed

The employees who own their own vehicles whether or not they own their own license shall have absolute choice as to where their vehicle is to be repaired andor maintained

No employee either full-time or part-time shall abuse or mistreat any vehicle or equipment (ie roof sign radios meters and aerials)

The Owners Group agrees to work with the Union to lobby the City of Ottawa to allocate stands where necessary and appropriate

The Company agrees to provide the Union with the rules covering the stands controlled by concession agreements

Collective Agreement ccCompanyraquo Page 36

bull

2808 Subject to the provision of adequate insurance coverage all car owners shall be free to place a second driver or a third driver on their vehicles should they require without interference from the Company

2809

2810

2811

2812

2813

2814

In the event the Company refuses an individual employment as a second driver or as a third driver the Company agrees that such refusal may be the subject of a grievance and the onus of proof shall rest with the Company to show just cause for such refusal

The parties agree that no vehicle will have more than three (3) drivers at any one (1) time

The Company shall take reasonable steps to maintain all current concession agreements for the duration of this agreement The Company shall take all reasonable steps to obtain additional concession agreements

The Company shall have a phone line separate from the dispatch office so that drivers business people friends of the office staff may call through middot without having to tie up the dispatchers time The separate phone line may be used by the dispatch office during non-business hours

Time-off without rental fees or loss of seniority will be given to those members of the bargaining unit who are called for jury duty Rental driver(s) must park their rental vehicle(s) at the Companys premises should the jury duty go beyond three (3) days

The Company shall maintain a drivers waiting area As well the Company shall allow the drivers to use the telephone in the office for local calls only pursuant to the current past practice

In the event of an assessment to the CompanyOwners Group by WSIB in relation to the provision of WSIB benefits for the Bargaining unit personnel the CompanyOwners group and the Union agree to renegotiate in good faith the rates set out in Article 2703 Where the parties fail to reach agreement on the issue the matter shall be referred to an arbitrator for full and final settlement

When a customer complaint is received by the dispatcher the latter will advise the customer that an authorized representative of the Company will handle the complaint in an expeditious manner Upon request by the Union the Company shall provide a copy of the computer printout and all other relevant information including but not limited to any taped conversation related to the complaint being investigated The privacy of the customer is paramount and will at all times be respected

Collective Agreement ccCompanybullbull Page 37

2901 (a)

(b)

ARriCLE 29 BEREAVEMENT LEAVE

The Members of the Owners Group agree to grant affected employee(s) the necessary time off of up to four (4) days without fees at the time of death of the following relative(s) of said employee(s) father mother spouse (includes common-law) child brother sister mother andor fathershyin-law

The Members of the Owners Group further agree to grant to affected employees two (2) days without fees at the time of death of the following relatives of the employee sister andor brother-in-law and grandparent

ARTICLE 30 SOCIAL JUSTICE FUND

3001 The Company shall pay to the Union an amount of eight hundred ($80000) dollars per collective agreement year with such amounts being made payable to the CAW Social Justice Fund Inc Said amounts shall be paid by separate cheque by the last day of February in each year of this collective agreement A tax receipt shall be supplied to the Company on receipt of said amount

ARTICLE 31 SAFETY BANQUET

3101 The Company agrees to contribute seven hundred and fifty dollars ($75000) to the Unions annual Safety Banquet in each year of the Collective Agreement

SIGNED THIS DAY OF APRIL 15 2012

FORTH~

~~

Collective Agreement laquoCompanyraquo Page38

Collective Agreement laquoCompanyraquo Page39

SCHEDULE 11 A 11 LIST OF THE OWNERS GROUP

Coventry Connections Inc

Collective Agreement ccCompanyraquo Page40

SCHEDULE nan EXISTING CUSTOMS RIGHTS AND PRIVILEGES

1 There shall be no charge for the receipt cards

2 There shall be no charge for credit card vouchers subject to suppliers (third party) availability and conditions Should the Company pursue a course of action leading to Point of Sale terminals which usage will include Debit transactions Decremental Cards and Credit Cards there would be a charge for paper usage

3 The drivers shall choose their own working hours during their shift

4 Reasonable accommodation shall be given to payment of outstanding debts for accident(s) The following minimum payments are required

A) Up to $1 00000 - $ 1 000 per day

B) Over $100000- $2000 per day

Agreed to on the understanding that this does not apply to spare cars

Collective Agreement laquoCompanyraquo Page 41

SCHEDULE C RULES AND REGULATIONS

1 The following articles of clothing are not acceptable forms of attire at OJS

(a) Sweat pants and shorts except for dress shorts Dress shorts will be allowed from April to Labour Day Drivers caught wearing inappropriate shorts will be given one (1) warning and any future occurrence with regards to inappropriate shorts will cause them to lose the right to wear dress shorts for the duration of that season Shorts can be no shorter than three (3) inches above the knees

(b) T-shirts (except Union decaled T-shirt) without lapels tank tops and muscle s1middot1irts

NB Clothing andor other attire with obscenities profanities or sexually degrading remarks are not acceptable Hair must be clean and neat Faces must be clean-shaven or beards neatly trimmed Clothing must be tear and rip free with no visible patches and is to be cleaned and ironed as required Socks must be worn at all times with all types of footwear except for sandals

2 Drivers must be courteous and pleasant at all times and must conduct themselves in a professional business-like manner

3 There is to be no abusive foul language or gestures directed at customers or the general public

4 Consumption of alcohol or drugs will not be tolerated prior to the commencement of a shift andor while driving

5 There wiil be no arguing and fighting among drivers or other DJs personnel under any circumstances

6 No playing of cards or any other games of chance is allowed at any time when working This includes any form of gambling or betting on the air

7 Profanity or abusive language on the air or in your vehicle is prohibited at all times

8 Use of cell phone during the conveyance of a customer(s) is prohibited

9 Each taxicab and driver shall carry at all times a current street guide Drivers are to make proper use of this guide to avoid unnecessary air time

Collective Agreement ccCompanyraquo Page42

10 Deliveries are to be taken directly to the destination Running other fares while occupied on deliveries will not be permitted unless approved by the dispatcher

11 No messages between drivers are permitted Drivers will receive messages to call home spouse office union office partner or garage

In addition When an authorized Union rep asks the dispatcher to have a member of the bargaining unit call them for union business only this will be allowed and if necessary a phone number will be given

12 Picking up a fare while on the way to an accepted dispatch call will not be permitted

13 Drivers must allow 5 minutes wait at the customers pick-up address

14 Drivers shall take reasonable steps to ensure that they pickup only those fares that they are dispatched to Drivers must check with dispatcher for authorization before taking another fare from same address

15 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical breakdown emergency or any other reason(s) not herein listed the dispatcher shall reshydispatch the fare and suspend the driver for one (1) hour

16 Interference or jamming of the radio is a Federal offence and will not be tolerated

17 When necessary drivers must assist customers with handling of baggage and opening and closing of doors

18 No complaining to customers about short fares or time calls A list of regular short fares will be established and such fares shall be dispatched as Locals

19 At customers request music radio and other sound systems except for the twoshyway radio must be turned off

20 Driver must issue a receipt card upon request by customer Drivers signature must be clearly marked in the appropriate place on the receipt card There is no charge for the issuance of a receipt card

21 No new driver is to commence work until he has been briefed by OJS staff in the operating of our charge account system

22 Some of the guidelines in the operation of our charge account system are as follows

Collective Agreement laquoCompanyraquo Page43

(a) All charges are to be signed with car number (eg-DJ70) and date clearly written

(b) If the fare goes to more than one destination these other destinations are to be clearly marked on the reverse side of the chit

(c) Taxi chits to be signed by the customer and dollar value to be clearly marked

(d) Gift certificates which currently have a maximum value of $500 each are to be accepted at face value and change given as required

(e) Drivers must note on back of chit the drop offpick up address if it is different from address shown on face of chit

Drivers are prohibited from buying other drivers charges whether they be DJS drivers or other cab Companys charges Violation of this rule shall result in the following fines

1st offence -2d offence bull 3rd and subsequent offences-

$5000 per chit $10000 per chit $20000 per chit

plus the face value of each chitCredit Card in all cases

The parties agree that the above penalties are specific penalties within the meaning of the Ontario Labour Relations Act An Arbitrator shall not have the power to alter or modify any penalty imposed under this clause

(f) Drivers must accept all major credit cards approved by OJS Taxi

(g) Drivers are responsible for ensuring that all necessary information is clearly marked on charge vouchers as follows

bull Customers name and signature bull Card number (correct number of digits) bull Expiry date bull Drivers signature and car number (eg-DJ70) bull Ensure proper copies of charges are submitted to the Company for

processing bull No hand written major credit card sales drafts will be accepted

23 All cars are to be cleaned inside and out by 1000 am every day with due regard given to road and weather conditions

Collective Agreement Page44

24 All drivers must ensure that they have change for $2000 at all times and will not be removed from the sheet while getting change provided they are not called

25 No taxicab driver shall charge a passenger for

(a) The cost of proceeding to an establishment for change or

(b) Waiting time while a passenger obtains the change provided the bill presented for payment is of $2000 denomination or less

26 No vehicle to be left unattended with keys in the ignition

27 No person(s) unless authorized by the Company shall accompany the driver in the vehicle while heshe is occupied with a paying fare

28 Taxis must not be left unattended on a OJS taxi concession stand for more than ten (1 0) minutes

29 Only au~horized drivers with valid licenses can operate a taxi-licensed vehicle

30 Roof sign must be removed from vehicle when not on duty or involved in an accident

31 ALL DRIVERS ARE ADVISED THAT IT IS AGAINST THE LAW AND OJS TAXI COMPANY LIMITED POLICY TO REFUSE DOG GUIDES IN THEIR CABS REFUSAL WILL RESULT IN FINES AND DISCIPLINARY ACTION BY THE COMPANY

1st offence - 1 week suspension 2nd offence - 2 weeks suspension

3rd offence - Dismissal No longer working under the OJS roof sign

Accommodating Persons with Disabilities

The Management of OJS Taxi wishes to advise all its employees drivers and others operating under the OJS Taxi roof sign of the OJS Taxi policy with respect to blind passengers whether or not they use dog guides

Under the Blind Persons Rights Act of Ontario no person may either deny any person services customarily available to the public or discriminate against any person with respect to services available to the public for the reason that they are a blind person accompanied by a dog guide

Under the Ontario Human Rights Code every person has a right to equal treatment with respect to the supply of services which includes taxi services

Collective Agreement laquoCompanyraquo Page45

bull

without discrimination because of among other things a disability A disability includes any physical impairment such as being blind visually impaired deaf or hard of hearing

Guide Dogs and Taxi Services Many disabled persons are physically dependent on guide animals in their daily activities Canadians who are blind or visually impaired deaf or hard of hearing or who have other types of disabilities such as epilepsy are dependent on guide animals

Accommodation of these individuals necessitates that they be permitted to take their guide animals with them into taxi cabs Refusing to allow them to do so will infringe on their human rights and is against the Blind Persons Rights Act of Ontario and the Ontario Human Rights Code

This notice will simply repeat what should be apparent to you all that if a blind person with or without a dog guide is refused services by any OJS Taxi driver such actions will result in fines to the driver and other disciplinary action including the possibility of suspension by the Management of DJs Taxi Co Ltd

For more information regarding guide animals please review the attached pamphlet and information sheet published by Dog Guides Canada

Any inquiries concerning this policy should be directed to any member of the Management who will if it is required explain the policy to you

32 Drivers are not allowed in the dispatch office

33 All parking tickets will be paid by the rental driver responsible

34 In order to boost with Company owned taxicabs employees must request an obtain instruction from the garage manager or his designee on the proper method of boosting in order to reduce any risk of injury to the driver passenger and damage to the vehicle(s)

In the event of misuse employees at their discretion may be either disciplined in accordance with the principle of progressive discipline or have the option of reimbursing the Company for the cost of damaged parts

35 Any driver operating a taxi while his drivers license or taxi license is under suspension will be disciplined unless the driver can obtain written proof from the Ontario Ministry of Transport andor the appropriate taxi licensing authority that the driver did not receive evidence that hisher license was suspended or cancelled

36 When necessary or requested all elderly andor disabled customers are to be assisted in and out of taxicab at all times

Collective Agreement laquoCompanyraquo Page 46

37 No stealing fares

38 Drivers are not allowed to book no loads and run the fare

39 Drivers cannot refuse dispatched fares subject to article 1304 andor where the driver believes his safety or health is at risk

40 Failure to come to voice after two (2) requests by the Dispatch Supervisor will result in the Driver being suspended in the computer

41 Dispatch staff will not make phone calls for drivers unless it is an emergency situation

42 There shall be no personalization of any fares or trips placed through the Dispatch System of OJS Taxi except for returns east of but not including the Civic Hospital within the same twenty-four (24) hour period Where a return-call has been prearranged through the Dispatch System prior to the initial call being dispatched then the return-call cannot be personalized

43 Drivers will pay monies owed to the company by 400pm on the day that they are due No driver with an outstanding balance will be allowed to book on the sheet until their account is paid in full to the business office This means credited to their account and a receipt issued

44 Dispatchers shall give the line-up every thirty- (30) minutes except for the months of December January and February On implementation of the Computerized Dispatch this clause will be eliminated

45 All deliveries shall be given out as regular calls except where provided in this agreement and all employees shall have the option to refuse to deliver alcohol When a dispatcher requests a driver to call him for information concerning a delivery the dispatcher will first give the delivery address over the radio to ensure the delivery is being dispatched correctly

46 When drivers book out of their cars to attend scheduled complaint meeting appointments they shall be allowed to remain in their spot on the line up queue passed by for fares and treated by the dispatch as if they are no longer on the sheet

When the affected driver returns to his car and books back in he shall be returned to his position in the line up queue and given his next rightful fare

The maximum time a driver shall be allowed to book out for a complaint meeting is one half-hour

Collective Agreement laquoCompanyraquo Page 47

This rule shall only apply if the affected driver does not incur any discipline as a result of the complaint meeting

47 All cabs at DJS Taxi must have a mike clip and the clip must be used Drivers must pick up their mike when communicating

48 Drivers using vans as taxicabs must have and make use of (when requested or required) a portable step to assist passengers in and out of their vehicles

49 All taxicabs must be free of any body damage and any damage must be repaired within ninety- (90) days

50 Roof signs must be kept in good working order and condition with Company approved logo clearly visible front and rear

51 In order to ensure equipment is compatible with computer dispatch system all new radio equipment must be approved by the Company prior to installation

Collective Agreement laquoCompanyraquo Page48

SCHEDULE D CREDIT CARD POLICY amp PROCEDURES

DRIVERS MUST ACCEPT ALL COMPANY APPROVED CHARGES CREDIT AND DEBIT CARDS

DRIVERS MUST HAVE A POINT OF SALE UNIT AND A MANUAL PRINTER PER CURRENT BYLAW CITY OF OTTAWA

Due to the increased use of fraudulent Credit Cards by customers in taxicabs the following procedures have been developed to protect drivers from falling victim to Credit card fraud When accepting Credit cards the following rules must be followed

Credit and Debit Cards- the following rules must be followed

AUTHORIZATION OF ALL DEBIT AND CREDIT CARDS

All Credit Card slips must be authorized regardless of amount Verification is generally done after the fare is completed but verification of an estimated or known amount can be done prior to the completion of the trip if

bull The destination is beyond the radio coverage area bull The driver has reason(s) to suspect the validity of the card

INFORMATION REQUIRED FOR ACCEPTANCE OF DEBIT ANDOR CREDIT CARD SLIP FOR PAYMENT The completed Credit Card slip must contain all the following information

(a) Vehicle Number (pre-printed on POS slip if not to be written by hand at the bottom of the slip)

(b) Drivers ID Number and Initials (c) Amount of fare and gratuity (if applicable) (d) Authorization number (Pre-printed on POS slip) (e) Date of the fare (Pre-printed on POS slip) (f) The Debit or Credit Card must be swiped at all times (in the event that the

receipt does not print imprinting Credit Card only on manual imprinter is acceptable with customers signature but the imprint of the card number has to be clear) In the case of a swiped transaction part of the card number will display per Credit and Debit Card industry rules

(g) Customers signature clearly written (Credit Card only) marked TRANSACTION COPY We will accept the CUSTOMER COPY as long as it has the customers signature Debit POS slips are to be submitted marked TRANSACTION COPY NO SIGNATURE IS REQUIRED

Collective Agreement laquoCompanyraquo Page49

DISPUTES BY A CUSTOMER

Should a debit or credit card slip be disputed by the customer their bank or other financial institution the company will investigate If such investigation proves fraud or error by the driver the driver will be charged back for the full amount of the charge

If the disputed transaction was processed on a non-company unit a $500 plus HST charge plus the value of the charge will be debited to the drivers account The Company will refund the customer for the value of the charge

Should a customer andor driver report that the charge has been approved more than once the Company will investigate The Company does not allow any refunds in the taxicab Drivers can void a transaction but this must be done before Batch Closing the transaction A Void can only be done in the presence of the customer as the card (debit or credit) must be present The driver can then re-swipe the card for the correct amount The Company publishes a toll free number for customers or drivers to call with any concerns about a transaction If a customer has been charged more than once for the incorrect amount the following procedures apply

Credit Card

The Company will verify that the customer was charged multiple times or has been over-charged and issue a refund as necessary The Company will send a copy to the customer upon request All refunds are processed on a Point of Sale unit or Virtual Merchant (on-line) The Company may contact the driver to determine the validity of the customers details

Debit Card

The Company will verify that the customer was charged multiple times or has been overcharged and issue a cheque refund as necessary The Company keeps a copy of the cheque issued

GENERAL INFORMATIONGUIDELINES

1 If the driver has overcharged the customer and has been paid the incorrect amount the Company will adjust the drivers account and provide a receipt The Company maintains a log in the even there is a dispute by the driver or the customer If the driver reports the overcharge that is logged on a Customer Incident Form which has a Control Number

2 Hand written Credit Cards will not be accepted All Credit Cards must be passed through a manual imprinter which clearly shows the full credit card number If the credit card number is not clear and cannot be authorized

Collective Agreement laquoCompany Page 50

the driver will face debitchargeback of the amount as it cannot be authorized

3 The only Credit Cards accepted by Taxitab a division of Coventry Connections Inc are

i Visa ii Mastercard iii American Express

Note Visa Mastercard and American Express all issue prepaid credit cards these are all accepted

4 Taxitab a Division of Coventry Connections accepts Debit Cards for Canadian Financial Institutions Debit Cards for foreign banks may not

work on the unit Visa Mastercard have commenced issuing Debit Cards these are all accepted These cards are clearly marked on the face of the card with the Visa and Mastercard logos

5 The following items are to be checkedverified by the driver upon presentation of a Credit Car (a to d) Debit Card (d only)

CHECK LIST

(a) Expiry Date Ensure the card is valid Check to be sure that the Card is not being used beyond the expiry date printed on the card If the card is expired refuse to accept it

(b) Altered Cards Check to see if the card has been noticeably altered in any way If it has been refuse to accept it

(c) Card holders name and signature Check that the signature on the Credit Card slip is the same name printed on the card At the same time check that the signature is the same as the signature on the rear of the card If there is no signature on the rear of the card ask the customer to sign it as you are required to check this

If in doubt ask to see some other form of identification (preferably one with a picture and signature) that ensures that the person using the card is who they say they are

(d) Amount of fare and gratuity (if applicable) The amount of the Debit or Credit card slip must be equal to the amount of the fare and the gratuity (where applicable) Each amount should be entered in their respective places and only by the customer unless otherwise directed In the case of a Debit Card customer must always enter their PIN number to

Collective Agreement ltbullCompany Page 51

authorize the card Drivers must remind customer that the TIP field comes first followed by the PIN number

(e) $150 Surcharge

Debit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated by the City of Ottawa By-Law The $150 charge is prompted by the point of sale unit automatically The Driver receives 65cent of the $150 for every transaction

Credit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated in the City of Ottawa By-Law The $150 charge is NOT prompted by the point of sale unit automatically The driver adds the $150 to the metered amount and enters this total in the base amount field

6 CAUTIONS

7

(a)

(b)

(c)

Bank Card only have the Bank name on the card

Credit Cards are identified by the VISA MASTERCARD AMERICAN EXPRESS OR DINERS CLUB-ENROUTE symbols Only Cards with these symbols will be accepted

Credit Cards will have a holographic image on the face of the card

CASH ADVANCES

The use of Credit Cards for cash advances in the taxicab is not permitted Credit Cards must only be used in the taxicab for paying for an actual fare Anyone using a Credit Card in a taxicab to obtain cash advance is most likely using a stolen or fraudulent card

8 OUT OF TOWN FARES

For the drivers protection it is suggested that for fares going out of town and the customer wishes to pay by Credit Card it is recommended that the driver authorize the fare at the beginning of the trip (dispatcher can give an estimated amount) If there is a difference process the difference at the end of the trip There is a pre-authorization feature available for Credit Card only on the Point of Sale unit The Company can activate this on driver request but the driver must be

Collective Agreement ccCompany)) Page 52

bull

9

given correct training for this There are several steps involved with pre-authorization that must be followed before batch closing

BATCH CLOSING

Drivers must close transaction in the terminals at the end of their shift Credit Card authorizations only remain in the terminal for five (5) days after that the processor closes them automatically Drivers must batch close all credit cards no later than four (4) days in order for the items to appear on the batch close report

Batch Close reports will print separately for Debit and Credit Cards and list the details of the transactions in the terminals showing the card type and the last four (4) digits of the card involved This Batch close cannot be reprinted drivers must hold on to them Attach the slips to the Batch Close and bring to the cashier The cashier will verify the attached slips are on the batch close and proceed to pay or credit the driver assuming all slips are authorized and complete (as discussed above under (1) Authorization Procedures)

The following circumstances regarding Batch Closes will apply

(i) Batch Close with All Debit and Signed Credit Card slips- Driver will be paid or credited at time of presentation at a cashiering station

(ii) Batch Close- No Debit Slips if the batch close shows a Debit Slip and the driver has misplaced or lost the slip the Driver will be paid or credited at the time of presentation at a cashiering station

(iii) Batch Close No Credit Card Slip- No Slip No Payment at time of cashiering (driver is to go to Driver Admin in this instance) If the driver has a signed manual slip and the last 4 numbers of the card match those on the batch close the slip will be accepted by the cashier

NO BATCH CLOSE REPORT -If a Driver has lost or misplaced Batch Close report the Driver is to go straight to Driver Admin (not cashiering) The Driver is to bring the receipts (if there is a credit card slip with no signature there is a separate procedure for this below) he has for which he has not batch close Driver Admin will initiate a Batch Close Incident Report which has a Control Number for future reference The Procedure is as follows

(i) Driver Admin to Photocopy all Slips and write the Control from the Batch Close Incident Form on the photocopy and date the sheet The

Collective Agreement ccCompanyraquo Page 53

bull

bull

Driver is to keep this in the event of a dispute or apparent nonshypayment in account

(ii) Driver Admin will complete the top copy of the report attach a copy of the slips The Driver will complete the bottom part of the report and sign it

(iii) Management will need 72 hours (three business days) from the date of Incident Report to investigate the transaction has been settled in the POS unit

(iv) Providing Management confirms the transaction is complete the slips will be credited to the Drivers account and a receipt will be printed A copy of the receipt is attached to the Batch Close Incident Report The Control from the Form is entered when the the amount is credited for reference A receipt can be printed at that time by cashier

(v) In the event that a driver does not have a Batch Close and presents a credit card slip with no signature the following will apply

(vi) If the Driver experiences a problem with the Batch Close or operation of the unit the Driver is to bring the unit to the office during normal hours Management will investigate the issue and call Driver to reshyissue the unit completing paperwork for the replacement unit which the driver will sign

Any driver attempting to defraud a customer by processing a debit or credit slip more than once will be terminated

Collective Agreement laquoCompany)) Page 54

bull

bull

SCHEDULE E STOLEN FARE POLICY

Whenever the Dispatch Supervisor receives a complaint that a fare either dispatched to the complainant or from within the same block of taxi standconcession on which the complainant is parked has been stolen and the identification of the accused is made known the Supervisor shall

(a) Bring the accused to voice and notify himher of the allegations

(b) Inform the complainant that a deposit of forty dollars ($4000) must accompany his accusation and to be deposited within one (1) hour of the complaint Where applicable inform the complainant that the accused wishes to challenge the allegations and the date and time of the hearing shall be known to both parties

(c) A failure of either party to attend the hearing will result in an additional fine of forty dollars ($4000) to be paid within sixty (60) minutes of the conclusion of the hearing or a suspension ob the absent party until payment is received

(d) Inform the accused of the available options

(i) Arrange for repayment of the fare in its entirety to a minimum of forty dollars ($4000) to the complainant a Union representative or the Company on behalf of the complainant within sixty (60) minutes or

(ii) If the allegation is being denied and the accused wishes to refute it forty dollars ($4000) must be deposited at the dispatch office within sixty (60) minutes with a notification to the Dispatch Supervisor that the allegation is being challenged

Where the accused fails to respond to two (2) voice messages or refuses to comply with (c) the accused shall have dispatch services suspended until in compliance or the Company receives instructions from a Union Representative to do otherwise

The penalty for a wrongful accusation is the payment of forty dollars ($4000) to the accused by the accuser in addition to the return of the accuseds deposited payment

It is understood and agreed that the action(s) of the Dispatch Supervisor(s) in the compliance of this Policy is not to be construed as a determination of who is the guilty party In all disputes regarding stolen fares the Committee shall make the final determination with respect to guilt

Collective Agreement laquoCompany Page 55

bull

bull

Note Such fare(s) will not be considered as Stolen Fare(s) if picked up by driver(s) arriving on the Concession(s)Taxi Stand(s) prior the driver(s) who accepted the dispatched fare(s)

Collective Agreement ((Company Page 56

bull bull

APPENDIX 1

PLATE CAR LESSEE IND START LESSEE START

1 1027 5027 ADAM GRANT 1 91111986 111987

2 1015 5015 TIMS VAUGHN 411995 411995

3 1043 5043 MARTON FERENC G 10251995 10251995

4 1050 5050 DUBOIS JOHN 12111994 311996

5 1048 5048 SUNIL JOSHI 1111994 711996

6 1030 5030 SLIM MOHAMED 711996 7111996

7 1041 5041 JAMALEDDINE ZAHER 911996 911996

8 1040 5040 MAHEUX FRANK 11151996 181997

9 1109 1 5109 ASTLEY JAMES 1011994 1131997

10 1045 5045 MELHEM SAMIR 1211996 9211997

11 1028 5028 LABINE ANTHONY 10151980 11281997

12 1054 5054 ELmiddotNEMER NEMER 11131997 21271998

13 1113 5113 WEAGANT BROCK C 82211988 3131998

i

14 1039 5039 SOBH HAC HEM 11171997 5111998

15 1044 1 5044 MOUFARREJ RAYMOND 10241996 1161998

16 1042 5042 MCCONVILLE BILL 311992 11111998

17 1107 5107 GIANNAKOS LOUIS I 9111997 491999

18 1026 5026 VERMA LALIT 51261996 5311999

19 1033 5033 MITCHELL BRUCE 111987 9301999

i

20 1108 5108 PAPPAS CHRISTINE 121111991 1041999

rmiddot 1014 5014 NYTRA BEDRICH 961996 3302000

22 1000 5000 ABOUmiddotARRAG SAM I 611997 7132000

23 1038 5038 MUNROE JOHN 1111977 492001

24 1022 5022 RADULESCU GELU 611999 5232002

25 1139 5139 HASSOUN I MOUFID 71211999 8152002

26 1006 5006 SADER I GHASSAN 6211999 292004

27 1029 5029 CLAYTON GREG 911980 21132004

Collective Agreement ccCompany Page 57

bull

28 1034 5034 IBRAHIM 12301995 4302004

29 1037 5037 ABDALLA HASSAN I 3312000 2202006

30 1010 5010 HASSOUN AD NAN 8272001 312006

31 1031 MASSOUD 1241998 312006

32 1 1o35 5035 JANCO 911992 362006

1 33 1036 5036 SINGH BALWANT 92211999 3172006

Collective Agreement ltltCompanyraquo Page 58

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 38: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

bank shall lose such privilege for twelve (12) months and shall be charged the appropriate charges

ARriCLE 28 GENERAL

2801 The Company and drivers shall maintain its internal company charge system and accept major credit cards which currently include Visa Mastercard American Express and Diners Cluben Route as approved by the Company

2802

2803

2804

2805

2806

2807

This system shall continue for the duration of this Agreement so long as external factors outside the Companys control do not prevent the Company from doing so Drivers shall be entitled to cash their charges provided they do not have any outstanding balances at the offices of the Company during the hours of 0830am to 400pm Monday to Friday except holidays The Company shall make available to the employees during normal business office hours receipt cards and credit card slips All credit card charges must be authorized

Drivers shall pay a fee of five (5) of all credit card charges that they redeem

Except as otherwise provided in this agreement all passengers shall be treated in a polite professional courteous and businesslike manner at all times by both the Owners Group and the employees

If requested a properly signed receipt shall be furnished by the owner for all payments made by the driver (If requested said receipt shall show a breakdown of all payments made by the driver and the dates for which they apply) For the purposes of this clause a numbered computer receipt shall be deemed to be signed

The employees who own their own vehicles whether or not they own their own license shall have absolute choice as to where their vehicle is to be repaired andor maintained

No employee either full-time or part-time shall abuse or mistreat any vehicle or equipment (ie roof sign radios meters and aerials)

The Owners Group agrees to work with the Union to lobby the City of Ottawa to allocate stands where necessary and appropriate

The Company agrees to provide the Union with the rules covering the stands controlled by concession agreements

Collective Agreement ccCompanyraquo Page 36

bull

2808 Subject to the provision of adequate insurance coverage all car owners shall be free to place a second driver or a third driver on their vehicles should they require without interference from the Company

2809

2810

2811

2812

2813

2814

In the event the Company refuses an individual employment as a second driver or as a third driver the Company agrees that such refusal may be the subject of a grievance and the onus of proof shall rest with the Company to show just cause for such refusal

The parties agree that no vehicle will have more than three (3) drivers at any one (1) time

The Company shall take reasonable steps to maintain all current concession agreements for the duration of this agreement The Company shall take all reasonable steps to obtain additional concession agreements

The Company shall have a phone line separate from the dispatch office so that drivers business people friends of the office staff may call through middot without having to tie up the dispatchers time The separate phone line may be used by the dispatch office during non-business hours

Time-off without rental fees or loss of seniority will be given to those members of the bargaining unit who are called for jury duty Rental driver(s) must park their rental vehicle(s) at the Companys premises should the jury duty go beyond three (3) days

The Company shall maintain a drivers waiting area As well the Company shall allow the drivers to use the telephone in the office for local calls only pursuant to the current past practice

In the event of an assessment to the CompanyOwners Group by WSIB in relation to the provision of WSIB benefits for the Bargaining unit personnel the CompanyOwners group and the Union agree to renegotiate in good faith the rates set out in Article 2703 Where the parties fail to reach agreement on the issue the matter shall be referred to an arbitrator for full and final settlement

When a customer complaint is received by the dispatcher the latter will advise the customer that an authorized representative of the Company will handle the complaint in an expeditious manner Upon request by the Union the Company shall provide a copy of the computer printout and all other relevant information including but not limited to any taped conversation related to the complaint being investigated The privacy of the customer is paramount and will at all times be respected

Collective Agreement ccCompanybullbull Page 37

2901 (a)

(b)

ARriCLE 29 BEREAVEMENT LEAVE

The Members of the Owners Group agree to grant affected employee(s) the necessary time off of up to four (4) days without fees at the time of death of the following relative(s) of said employee(s) father mother spouse (includes common-law) child brother sister mother andor fathershyin-law

The Members of the Owners Group further agree to grant to affected employees two (2) days without fees at the time of death of the following relatives of the employee sister andor brother-in-law and grandparent

ARTICLE 30 SOCIAL JUSTICE FUND

3001 The Company shall pay to the Union an amount of eight hundred ($80000) dollars per collective agreement year with such amounts being made payable to the CAW Social Justice Fund Inc Said amounts shall be paid by separate cheque by the last day of February in each year of this collective agreement A tax receipt shall be supplied to the Company on receipt of said amount

ARTICLE 31 SAFETY BANQUET

3101 The Company agrees to contribute seven hundred and fifty dollars ($75000) to the Unions annual Safety Banquet in each year of the Collective Agreement

SIGNED THIS DAY OF APRIL 15 2012

FORTH~

~~

Collective Agreement laquoCompanyraquo Page38

Collective Agreement laquoCompanyraquo Page39

SCHEDULE 11 A 11 LIST OF THE OWNERS GROUP

Coventry Connections Inc

Collective Agreement ccCompanyraquo Page40

SCHEDULE nan EXISTING CUSTOMS RIGHTS AND PRIVILEGES

1 There shall be no charge for the receipt cards

2 There shall be no charge for credit card vouchers subject to suppliers (third party) availability and conditions Should the Company pursue a course of action leading to Point of Sale terminals which usage will include Debit transactions Decremental Cards and Credit Cards there would be a charge for paper usage

3 The drivers shall choose their own working hours during their shift

4 Reasonable accommodation shall be given to payment of outstanding debts for accident(s) The following minimum payments are required

A) Up to $1 00000 - $ 1 000 per day

B) Over $100000- $2000 per day

Agreed to on the understanding that this does not apply to spare cars

Collective Agreement laquoCompanyraquo Page 41

SCHEDULE C RULES AND REGULATIONS

1 The following articles of clothing are not acceptable forms of attire at OJS

(a) Sweat pants and shorts except for dress shorts Dress shorts will be allowed from April to Labour Day Drivers caught wearing inappropriate shorts will be given one (1) warning and any future occurrence with regards to inappropriate shorts will cause them to lose the right to wear dress shorts for the duration of that season Shorts can be no shorter than three (3) inches above the knees

(b) T-shirts (except Union decaled T-shirt) without lapels tank tops and muscle s1middot1irts

NB Clothing andor other attire with obscenities profanities or sexually degrading remarks are not acceptable Hair must be clean and neat Faces must be clean-shaven or beards neatly trimmed Clothing must be tear and rip free with no visible patches and is to be cleaned and ironed as required Socks must be worn at all times with all types of footwear except for sandals

2 Drivers must be courteous and pleasant at all times and must conduct themselves in a professional business-like manner

3 There is to be no abusive foul language or gestures directed at customers or the general public

4 Consumption of alcohol or drugs will not be tolerated prior to the commencement of a shift andor while driving

5 There wiil be no arguing and fighting among drivers or other DJs personnel under any circumstances

6 No playing of cards or any other games of chance is allowed at any time when working This includes any form of gambling or betting on the air

7 Profanity or abusive language on the air or in your vehicle is prohibited at all times

8 Use of cell phone during the conveyance of a customer(s) is prohibited

9 Each taxicab and driver shall carry at all times a current street guide Drivers are to make proper use of this guide to avoid unnecessary air time

Collective Agreement ccCompanyraquo Page42

10 Deliveries are to be taken directly to the destination Running other fares while occupied on deliveries will not be permitted unless approved by the dispatcher

11 No messages between drivers are permitted Drivers will receive messages to call home spouse office union office partner or garage

In addition When an authorized Union rep asks the dispatcher to have a member of the bargaining unit call them for union business only this will be allowed and if necessary a phone number will be given

12 Picking up a fare while on the way to an accepted dispatch call will not be permitted

13 Drivers must allow 5 minutes wait at the customers pick-up address

14 Drivers shall take reasonable steps to ensure that they pickup only those fares that they are dispatched to Drivers must check with dispatcher for authorization before taking another fare from same address

15 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical breakdown emergency or any other reason(s) not herein listed the dispatcher shall reshydispatch the fare and suspend the driver for one (1) hour

16 Interference or jamming of the radio is a Federal offence and will not be tolerated

17 When necessary drivers must assist customers with handling of baggage and opening and closing of doors

18 No complaining to customers about short fares or time calls A list of regular short fares will be established and such fares shall be dispatched as Locals

19 At customers request music radio and other sound systems except for the twoshyway radio must be turned off

20 Driver must issue a receipt card upon request by customer Drivers signature must be clearly marked in the appropriate place on the receipt card There is no charge for the issuance of a receipt card

21 No new driver is to commence work until he has been briefed by OJS staff in the operating of our charge account system

22 Some of the guidelines in the operation of our charge account system are as follows

Collective Agreement laquoCompanyraquo Page43

(a) All charges are to be signed with car number (eg-DJ70) and date clearly written

(b) If the fare goes to more than one destination these other destinations are to be clearly marked on the reverse side of the chit

(c) Taxi chits to be signed by the customer and dollar value to be clearly marked

(d) Gift certificates which currently have a maximum value of $500 each are to be accepted at face value and change given as required

(e) Drivers must note on back of chit the drop offpick up address if it is different from address shown on face of chit

Drivers are prohibited from buying other drivers charges whether they be DJS drivers or other cab Companys charges Violation of this rule shall result in the following fines

1st offence -2d offence bull 3rd and subsequent offences-

$5000 per chit $10000 per chit $20000 per chit

plus the face value of each chitCredit Card in all cases

The parties agree that the above penalties are specific penalties within the meaning of the Ontario Labour Relations Act An Arbitrator shall not have the power to alter or modify any penalty imposed under this clause

(f) Drivers must accept all major credit cards approved by OJS Taxi

(g) Drivers are responsible for ensuring that all necessary information is clearly marked on charge vouchers as follows

bull Customers name and signature bull Card number (correct number of digits) bull Expiry date bull Drivers signature and car number (eg-DJ70) bull Ensure proper copies of charges are submitted to the Company for

processing bull No hand written major credit card sales drafts will be accepted

23 All cars are to be cleaned inside and out by 1000 am every day with due regard given to road and weather conditions

Collective Agreement Page44

24 All drivers must ensure that they have change for $2000 at all times and will not be removed from the sheet while getting change provided they are not called

25 No taxicab driver shall charge a passenger for

(a) The cost of proceeding to an establishment for change or

(b) Waiting time while a passenger obtains the change provided the bill presented for payment is of $2000 denomination or less

26 No vehicle to be left unattended with keys in the ignition

27 No person(s) unless authorized by the Company shall accompany the driver in the vehicle while heshe is occupied with a paying fare

28 Taxis must not be left unattended on a OJS taxi concession stand for more than ten (1 0) minutes

29 Only au~horized drivers with valid licenses can operate a taxi-licensed vehicle

30 Roof sign must be removed from vehicle when not on duty or involved in an accident

31 ALL DRIVERS ARE ADVISED THAT IT IS AGAINST THE LAW AND OJS TAXI COMPANY LIMITED POLICY TO REFUSE DOG GUIDES IN THEIR CABS REFUSAL WILL RESULT IN FINES AND DISCIPLINARY ACTION BY THE COMPANY

1st offence - 1 week suspension 2nd offence - 2 weeks suspension

3rd offence - Dismissal No longer working under the OJS roof sign

Accommodating Persons with Disabilities

The Management of OJS Taxi wishes to advise all its employees drivers and others operating under the OJS Taxi roof sign of the OJS Taxi policy with respect to blind passengers whether or not they use dog guides

Under the Blind Persons Rights Act of Ontario no person may either deny any person services customarily available to the public or discriminate against any person with respect to services available to the public for the reason that they are a blind person accompanied by a dog guide

Under the Ontario Human Rights Code every person has a right to equal treatment with respect to the supply of services which includes taxi services

Collective Agreement laquoCompanyraquo Page45

bull

without discrimination because of among other things a disability A disability includes any physical impairment such as being blind visually impaired deaf or hard of hearing

Guide Dogs and Taxi Services Many disabled persons are physically dependent on guide animals in their daily activities Canadians who are blind or visually impaired deaf or hard of hearing or who have other types of disabilities such as epilepsy are dependent on guide animals

Accommodation of these individuals necessitates that they be permitted to take their guide animals with them into taxi cabs Refusing to allow them to do so will infringe on their human rights and is against the Blind Persons Rights Act of Ontario and the Ontario Human Rights Code

This notice will simply repeat what should be apparent to you all that if a blind person with or without a dog guide is refused services by any OJS Taxi driver such actions will result in fines to the driver and other disciplinary action including the possibility of suspension by the Management of DJs Taxi Co Ltd

For more information regarding guide animals please review the attached pamphlet and information sheet published by Dog Guides Canada

Any inquiries concerning this policy should be directed to any member of the Management who will if it is required explain the policy to you

32 Drivers are not allowed in the dispatch office

33 All parking tickets will be paid by the rental driver responsible

34 In order to boost with Company owned taxicabs employees must request an obtain instruction from the garage manager or his designee on the proper method of boosting in order to reduce any risk of injury to the driver passenger and damage to the vehicle(s)

In the event of misuse employees at their discretion may be either disciplined in accordance with the principle of progressive discipline or have the option of reimbursing the Company for the cost of damaged parts

35 Any driver operating a taxi while his drivers license or taxi license is under suspension will be disciplined unless the driver can obtain written proof from the Ontario Ministry of Transport andor the appropriate taxi licensing authority that the driver did not receive evidence that hisher license was suspended or cancelled

36 When necessary or requested all elderly andor disabled customers are to be assisted in and out of taxicab at all times

Collective Agreement laquoCompanyraquo Page 46

37 No stealing fares

38 Drivers are not allowed to book no loads and run the fare

39 Drivers cannot refuse dispatched fares subject to article 1304 andor where the driver believes his safety or health is at risk

40 Failure to come to voice after two (2) requests by the Dispatch Supervisor will result in the Driver being suspended in the computer

41 Dispatch staff will not make phone calls for drivers unless it is an emergency situation

42 There shall be no personalization of any fares or trips placed through the Dispatch System of OJS Taxi except for returns east of but not including the Civic Hospital within the same twenty-four (24) hour period Where a return-call has been prearranged through the Dispatch System prior to the initial call being dispatched then the return-call cannot be personalized

43 Drivers will pay monies owed to the company by 400pm on the day that they are due No driver with an outstanding balance will be allowed to book on the sheet until their account is paid in full to the business office This means credited to their account and a receipt issued

44 Dispatchers shall give the line-up every thirty- (30) minutes except for the months of December January and February On implementation of the Computerized Dispatch this clause will be eliminated

45 All deliveries shall be given out as regular calls except where provided in this agreement and all employees shall have the option to refuse to deliver alcohol When a dispatcher requests a driver to call him for information concerning a delivery the dispatcher will first give the delivery address over the radio to ensure the delivery is being dispatched correctly

46 When drivers book out of their cars to attend scheduled complaint meeting appointments they shall be allowed to remain in their spot on the line up queue passed by for fares and treated by the dispatch as if they are no longer on the sheet

When the affected driver returns to his car and books back in he shall be returned to his position in the line up queue and given his next rightful fare

The maximum time a driver shall be allowed to book out for a complaint meeting is one half-hour

Collective Agreement laquoCompanyraquo Page 47

This rule shall only apply if the affected driver does not incur any discipline as a result of the complaint meeting

47 All cabs at DJS Taxi must have a mike clip and the clip must be used Drivers must pick up their mike when communicating

48 Drivers using vans as taxicabs must have and make use of (when requested or required) a portable step to assist passengers in and out of their vehicles

49 All taxicabs must be free of any body damage and any damage must be repaired within ninety- (90) days

50 Roof signs must be kept in good working order and condition with Company approved logo clearly visible front and rear

51 In order to ensure equipment is compatible with computer dispatch system all new radio equipment must be approved by the Company prior to installation

Collective Agreement laquoCompanyraquo Page48

SCHEDULE D CREDIT CARD POLICY amp PROCEDURES

DRIVERS MUST ACCEPT ALL COMPANY APPROVED CHARGES CREDIT AND DEBIT CARDS

DRIVERS MUST HAVE A POINT OF SALE UNIT AND A MANUAL PRINTER PER CURRENT BYLAW CITY OF OTTAWA

Due to the increased use of fraudulent Credit Cards by customers in taxicabs the following procedures have been developed to protect drivers from falling victim to Credit card fraud When accepting Credit cards the following rules must be followed

Credit and Debit Cards- the following rules must be followed

AUTHORIZATION OF ALL DEBIT AND CREDIT CARDS

All Credit Card slips must be authorized regardless of amount Verification is generally done after the fare is completed but verification of an estimated or known amount can be done prior to the completion of the trip if

bull The destination is beyond the radio coverage area bull The driver has reason(s) to suspect the validity of the card

INFORMATION REQUIRED FOR ACCEPTANCE OF DEBIT ANDOR CREDIT CARD SLIP FOR PAYMENT The completed Credit Card slip must contain all the following information

(a) Vehicle Number (pre-printed on POS slip if not to be written by hand at the bottom of the slip)

(b) Drivers ID Number and Initials (c) Amount of fare and gratuity (if applicable) (d) Authorization number (Pre-printed on POS slip) (e) Date of the fare (Pre-printed on POS slip) (f) The Debit or Credit Card must be swiped at all times (in the event that the

receipt does not print imprinting Credit Card only on manual imprinter is acceptable with customers signature but the imprint of the card number has to be clear) In the case of a swiped transaction part of the card number will display per Credit and Debit Card industry rules

(g) Customers signature clearly written (Credit Card only) marked TRANSACTION COPY We will accept the CUSTOMER COPY as long as it has the customers signature Debit POS slips are to be submitted marked TRANSACTION COPY NO SIGNATURE IS REQUIRED

Collective Agreement laquoCompanyraquo Page49

DISPUTES BY A CUSTOMER

Should a debit or credit card slip be disputed by the customer their bank or other financial institution the company will investigate If such investigation proves fraud or error by the driver the driver will be charged back for the full amount of the charge

If the disputed transaction was processed on a non-company unit a $500 plus HST charge plus the value of the charge will be debited to the drivers account The Company will refund the customer for the value of the charge

Should a customer andor driver report that the charge has been approved more than once the Company will investigate The Company does not allow any refunds in the taxicab Drivers can void a transaction but this must be done before Batch Closing the transaction A Void can only be done in the presence of the customer as the card (debit or credit) must be present The driver can then re-swipe the card for the correct amount The Company publishes a toll free number for customers or drivers to call with any concerns about a transaction If a customer has been charged more than once for the incorrect amount the following procedures apply

Credit Card

The Company will verify that the customer was charged multiple times or has been over-charged and issue a refund as necessary The Company will send a copy to the customer upon request All refunds are processed on a Point of Sale unit or Virtual Merchant (on-line) The Company may contact the driver to determine the validity of the customers details

Debit Card

The Company will verify that the customer was charged multiple times or has been overcharged and issue a cheque refund as necessary The Company keeps a copy of the cheque issued

GENERAL INFORMATIONGUIDELINES

1 If the driver has overcharged the customer and has been paid the incorrect amount the Company will adjust the drivers account and provide a receipt The Company maintains a log in the even there is a dispute by the driver or the customer If the driver reports the overcharge that is logged on a Customer Incident Form which has a Control Number

2 Hand written Credit Cards will not be accepted All Credit Cards must be passed through a manual imprinter which clearly shows the full credit card number If the credit card number is not clear and cannot be authorized

Collective Agreement laquoCompany Page 50

the driver will face debitchargeback of the amount as it cannot be authorized

3 The only Credit Cards accepted by Taxitab a division of Coventry Connections Inc are

i Visa ii Mastercard iii American Express

Note Visa Mastercard and American Express all issue prepaid credit cards these are all accepted

4 Taxitab a Division of Coventry Connections accepts Debit Cards for Canadian Financial Institutions Debit Cards for foreign banks may not

work on the unit Visa Mastercard have commenced issuing Debit Cards these are all accepted These cards are clearly marked on the face of the card with the Visa and Mastercard logos

5 The following items are to be checkedverified by the driver upon presentation of a Credit Car (a to d) Debit Card (d only)

CHECK LIST

(a) Expiry Date Ensure the card is valid Check to be sure that the Card is not being used beyond the expiry date printed on the card If the card is expired refuse to accept it

(b) Altered Cards Check to see if the card has been noticeably altered in any way If it has been refuse to accept it

(c) Card holders name and signature Check that the signature on the Credit Card slip is the same name printed on the card At the same time check that the signature is the same as the signature on the rear of the card If there is no signature on the rear of the card ask the customer to sign it as you are required to check this

If in doubt ask to see some other form of identification (preferably one with a picture and signature) that ensures that the person using the card is who they say they are

(d) Amount of fare and gratuity (if applicable) The amount of the Debit or Credit card slip must be equal to the amount of the fare and the gratuity (where applicable) Each amount should be entered in their respective places and only by the customer unless otherwise directed In the case of a Debit Card customer must always enter their PIN number to

Collective Agreement ltbullCompany Page 51

authorize the card Drivers must remind customer that the TIP field comes first followed by the PIN number

(e) $150 Surcharge

Debit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated by the City of Ottawa By-Law The $150 charge is prompted by the point of sale unit automatically The Driver receives 65cent of the $150 for every transaction

Credit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated in the City of Ottawa By-Law The $150 charge is NOT prompted by the point of sale unit automatically The driver adds the $150 to the metered amount and enters this total in the base amount field

6 CAUTIONS

7

(a)

(b)

(c)

Bank Card only have the Bank name on the card

Credit Cards are identified by the VISA MASTERCARD AMERICAN EXPRESS OR DINERS CLUB-ENROUTE symbols Only Cards with these symbols will be accepted

Credit Cards will have a holographic image on the face of the card

CASH ADVANCES

The use of Credit Cards for cash advances in the taxicab is not permitted Credit Cards must only be used in the taxicab for paying for an actual fare Anyone using a Credit Card in a taxicab to obtain cash advance is most likely using a stolen or fraudulent card

8 OUT OF TOWN FARES

For the drivers protection it is suggested that for fares going out of town and the customer wishes to pay by Credit Card it is recommended that the driver authorize the fare at the beginning of the trip (dispatcher can give an estimated amount) If there is a difference process the difference at the end of the trip There is a pre-authorization feature available for Credit Card only on the Point of Sale unit The Company can activate this on driver request but the driver must be

Collective Agreement ccCompany)) Page 52

bull

9

given correct training for this There are several steps involved with pre-authorization that must be followed before batch closing

BATCH CLOSING

Drivers must close transaction in the terminals at the end of their shift Credit Card authorizations only remain in the terminal for five (5) days after that the processor closes them automatically Drivers must batch close all credit cards no later than four (4) days in order for the items to appear on the batch close report

Batch Close reports will print separately for Debit and Credit Cards and list the details of the transactions in the terminals showing the card type and the last four (4) digits of the card involved This Batch close cannot be reprinted drivers must hold on to them Attach the slips to the Batch Close and bring to the cashier The cashier will verify the attached slips are on the batch close and proceed to pay or credit the driver assuming all slips are authorized and complete (as discussed above under (1) Authorization Procedures)

The following circumstances regarding Batch Closes will apply

(i) Batch Close with All Debit and Signed Credit Card slips- Driver will be paid or credited at time of presentation at a cashiering station

(ii) Batch Close- No Debit Slips if the batch close shows a Debit Slip and the driver has misplaced or lost the slip the Driver will be paid or credited at the time of presentation at a cashiering station

(iii) Batch Close No Credit Card Slip- No Slip No Payment at time of cashiering (driver is to go to Driver Admin in this instance) If the driver has a signed manual slip and the last 4 numbers of the card match those on the batch close the slip will be accepted by the cashier

NO BATCH CLOSE REPORT -If a Driver has lost or misplaced Batch Close report the Driver is to go straight to Driver Admin (not cashiering) The Driver is to bring the receipts (if there is a credit card slip with no signature there is a separate procedure for this below) he has for which he has not batch close Driver Admin will initiate a Batch Close Incident Report which has a Control Number for future reference The Procedure is as follows

(i) Driver Admin to Photocopy all Slips and write the Control from the Batch Close Incident Form on the photocopy and date the sheet The

Collective Agreement ccCompanyraquo Page 53

bull

bull

Driver is to keep this in the event of a dispute or apparent nonshypayment in account

(ii) Driver Admin will complete the top copy of the report attach a copy of the slips The Driver will complete the bottom part of the report and sign it

(iii) Management will need 72 hours (three business days) from the date of Incident Report to investigate the transaction has been settled in the POS unit

(iv) Providing Management confirms the transaction is complete the slips will be credited to the Drivers account and a receipt will be printed A copy of the receipt is attached to the Batch Close Incident Report The Control from the Form is entered when the the amount is credited for reference A receipt can be printed at that time by cashier

(v) In the event that a driver does not have a Batch Close and presents a credit card slip with no signature the following will apply

(vi) If the Driver experiences a problem with the Batch Close or operation of the unit the Driver is to bring the unit to the office during normal hours Management will investigate the issue and call Driver to reshyissue the unit completing paperwork for the replacement unit which the driver will sign

Any driver attempting to defraud a customer by processing a debit or credit slip more than once will be terminated

Collective Agreement laquoCompany)) Page 54

bull

bull

SCHEDULE E STOLEN FARE POLICY

Whenever the Dispatch Supervisor receives a complaint that a fare either dispatched to the complainant or from within the same block of taxi standconcession on which the complainant is parked has been stolen and the identification of the accused is made known the Supervisor shall

(a) Bring the accused to voice and notify himher of the allegations

(b) Inform the complainant that a deposit of forty dollars ($4000) must accompany his accusation and to be deposited within one (1) hour of the complaint Where applicable inform the complainant that the accused wishes to challenge the allegations and the date and time of the hearing shall be known to both parties

(c) A failure of either party to attend the hearing will result in an additional fine of forty dollars ($4000) to be paid within sixty (60) minutes of the conclusion of the hearing or a suspension ob the absent party until payment is received

(d) Inform the accused of the available options

(i) Arrange for repayment of the fare in its entirety to a minimum of forty dollars ($4000) to the complainant a Union representative or the Company on behalf of the complainant within sixty (60) minutes or

(ii) If the allegation is being denied and the accused wishes to refute it forty dollars ($4000) must be deposited at the dispatch office within sixty (60) minutes with a notification to the Dispatch Supervisor that the allegation is being challenged

Where the accused fails to respond to two (2) voice messages or refuses to comply with (c) the accused shall have dispatch services suspended until in compliance or the Company receives instructions from a Union Representative to do otherwise

The penalty for a wrongful accusation is the payment of forty dollars ($4000) to the accused by the accuser in addition to the return of the accuseds deposited payment

It is understood and agreed that the action(s) of the Dispatch Supervisor(s) in the compliance of this Policy is not to be construed as a determination of who is the guilty party In all disputes regarding stolen fares the Committee shall make the final determination with respect to guilt

Collective Agreement laquoCompany Page 55

bull

bull

Note Such fare(s) will not be considered as Stolen Fare(s) if picked up by driver(s) arriving on the Concession(s)Taxi Stand(s) prior the driver(s) who accepted the dispatched fare(s)

Collective Agreement ((Company Page 56

bull bull

APPENDIX 1

PLATE CAR LESSEE IND START LESSEE START

1 1027 5027 ADAM GRANT 1 91111986 111987

2 1015 5015 TIMS VAUGHN 411995 411995

3 1043 5043 MARTON FERENC G 10251995 10251995

4 1050 5050 DUBOIS JOHN 12111994 311996

5 1048 5048 SUNIL JOSHI 1111994 711996

6 1030 5030 SLIM MOHAMED 711996 7111996

7 1041 5041 JAMALEDDINE ZAHER 911996 911996

8 1040 5040 MAHEUX FRANK 11151996 181997

9 1109 1 5109 ASTLEY JAMES 1011994 1131997

10 1045 5045 MELHEM SAMIR 1211996 9211997

11 1028 5028 LABINE ANTHONY 10151980 11281997

12 1054 5054 ELmiddotNEMER NEMER 11131997 21271998

13 1113 5113 WEAGANT BROCK C 82211988 3131998

i

14 1039 5039 SOBH HAC HEM 11171997 5111998

15 1044 1 5044 MOUFARREJ RAYMOND 10241996 1161998

16 1042 5042 MCCONVILLE BILL 311992 11111998

17 1107 5107 GIANNAKOS LOUIS I 9111997 491999

18 1026 5026 VERMA LALIT 51261996 5311999

19 1033 5033 MITCHELL BRUCE 111987 9301999

i

20 1108 5108 PAPPAS CHRISTINE 121111991 1041999

rmiddot 1014 5014 NYTRA BEDRICH 961996 3302000

22 1000 5000 ABOUmiddotARRAG SAM I 611997 7132000

23 1038 5038 MUNROE JOHN 1111977 492001

24 1022 5022 RADULESCU GELU 611999 5232002

25 1139 5139 HASSOUN I MOUFID 71211999 8152002

26 1006 5006 SADER I GHASSAN 6211999 292004

27 1029 5029 CLAYTON GREG 911980 21132004

Collective Agreement ccCompany Page 57

bull

28 1034 5034 IBRAHIM 12301995 4302004

29 1037 5037 ABDALLA HASSAN I 3312000 2202006

30 1010 5010 HASSOUN AD NAN 8272001 312006

31 1031 MASSOUD 1241998 312006

32 1 1o35 5035 JANCO 911992 362006

1 33 1036 5036 SINGH BALWANT 92211999 3172006

Collective Agreement ltltCompanyraquo Page 58

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 39: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

bull

2808 Subject to the provision of adequate insurance coverage all car owners shall be free to place a second driver or a third driver on their vehicles should they require without interference from the Company

2809

2810

2811

2812

2813

2814

In the event the Company refuses an individual employment as a second driver or as a third driver the Company agrees that such refusal may be the subject of a grievance and the onus of proof shall rest with the Company to show just cause for such refusal

The parties agree that no vehicle will have more than three (3) drivers at any one (1) time

The Company shall take reasonable steps to maintain all current concession agreements for the duration of this agreement The Company shall take all reasonable steps to obtain additional concession agreements

The Company shall have a phone line separate from the dispatch office so that drivers business people friends of the office staff may call through middot without having to tie up the dispatchers time The separate phone line may be used by the dispatch office during non-business hours

Time-off without rental fees or loss of seniority will be given to those members of the bargaining unit who are called for jury duty Rental driver(s) must park their rental vehicle(s) at the Companys premises should the jury duty go beyond three (3) days

The Company shall maintain a drivers waiting area As well the Company shall allow the drivers to use the telephone in the office for local calls only pursuant to the current past practice

In the event of an assessment to the CompanyOwners Group by WSIB in relation to the provision of WSIB benefits for the Bargaining unit personnel the CompanyOwners group and the Union agree to renegotiate in good faith the rates set out in Article 2703 Where the parties fail to reach agreement on the issue the matter shall be referred to an arbitrator for full and final settlement

When a customer complaint is received by the dispatcher the latter will advise the customer that an authorized representative of the Company will handle the complaint in an expeditious manner Upon request by the Union the Company shall provide a copy of the computer printout and all other relevant information including but not limited to any taped conversation related to the complaint being investigated The privacy of the customer is paramount and will at all times be respected

Collective Agreement ccCompanybullbull Page 37

2901 (a)

(b)

ARriCLE 29 BEREAVEMENT LEAVE

The Members of the Owners Group agree to grant affected employee(s) the necessary time off of up to four (4) days without fees at the time of death of the following relative(s) of said employee(s) father mother spouse (includes common-law) child brother sister mother andor fathershyin-law

The Members of the Owners Group further agree to grant to affected employees two (2) days without fees at the time of death of the following relatives of the employee sister andor brother-in-law and grandparent

ARTICLE 30 SOCIAL JUSTICE FUND

3001 The Company shall pay to the Union an amount of eight hundred ($80000) dollars per collective agreement year with such amounts being made payable to the CAW Social Justice Fund Inc Said amounts shall be paid by separate cheque by the last day of February in each year of this collective agreement A tax receipt shall be supplied to the Company on receipt of said amount

ARTICLE 31 SAFETY BANQUET

3101 The Company agrees to contribute seven hundred and fifty dollars ($75000) to the Unions annual Safety Banquet in each year of the Collective Agreement

SIGNED THIS DAY OF APRIL 15 2012

FORTH~

~~

Collective Agreement laquoCompanyraquo Page38

Collective Agreement laquoCompanyraquo Page39

SCHEDULE 11 A 11 LIST OF THE OWNERS GROUP

Coventry Connections Inc

Collective Agreement ccCompanyraquo Page40

SCHEDULE nan EXISTING CUSTOMS RIGHTS AND PRIVILEGES

1 There shall be no charge for the receipt cards

2 There shall be no charge for credit card vouchers subject to suppliers (third party) availability and conditions Should the Company pursue a course of action leading to Point of Sale terminals which usage will include Debit transactions Decremental Cards and Credit Cards there would be a charge for paper usage

3 The drivers shall choose their own working hours during their shift

4 Reasonable accommodation shall be given to payment of outstanding debts for accident(s) The following minimum payments are required

A) Up to $1 00000 - $ 1 000 per day

B) Over $100000- $2000 per day

Agreed to on the understanding that this does not apply to spare cars

Collective Agreement laquoCompanyraquo Page 41

SCHEDULE C RULES AND REGULATIONS

1 The following articles of clothing are not acceptable forms of attire at OJS

(a) Sweat pants and shorts except for dress shorts Dress shorts will be allowed from April to Labour Day Drivers caught wearing inappropriate shorts will be given one (1) warning and any future occurrence with regards to inappropriate shorts will cause them to lose the right to wear dress shorts for the duration of that season Shorts can be no shorter than three (3) inches above the knees

(b) T-shirts (except Union decaled T-shirt) without lapels tank tops and muscle s1middot1irts

NB Clothing andor other attire with obscenities profanities or sexually degrading remarks are not acceptable Hair must be clean and neat Faces must be clean-shaven or beards neatly trimmed Clothing must be tear and rip free with no visible patches and is to be cleaned and ironed as required Socks must be worn at all times with all types of footwear except for sandals

2 Drivers must be courteous and pleasant at all times and must conduct themselves in a professional business-like manner

3 There is to be no abusive foul language or gestures directed at customers or the general public

4 Consumption of alcohol or drugs will not be tolerated prior to the commencement of a shift andor while driving

5 There wiil be no arguing and fighting among drivers or other DJs personnel under any circumstances

6 No playing of cards or any other games of chance is allowed at any time when working This includes any form of gambling or betting on the air

7 Profanity or abusive language on the air or in your vehicle is prohibited at all times

8 Use of cell phone during the conveyance of a customer(s) is prohibited

9 Each taxicab and driver shall carry at all times a current street guide Drivers are to make proper use of this guide to avoid unnecessary air time

Collective Agreement ccCompanyraquo Page42

10 Deliveries are to be taken directly to the destination Running other fares while occupied on deliveries will not be permitted unless approved by the dispatcher

11 No messages between drivers are permitted Drivers will receive messages to call home spouse office union office partner or garage

In addition When an authorized Union rep asks the dispatcher to have a member of the bargaining unit call them for union business only this will be allowed and if necessary a phone number will be given

12 Picking up a fare while on the way to an accepted dispatch call will not be permitted

13 Drivers must allow 5 minutes wait at the customers pick-up address

14 Drivers shall take reasonable steps to ensure that they pickup only those fares that they are dispatched to Drivers must check with dispatcher for authorization before taking another fare from same address

15 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical breakdown emergency or any other reason(s) not herein listed the dispatcher shall reshydispatch the fare and suspend the driver for one (1) hour

16 Interference or jamming of the radio is a Federal offence and will not be tolerated

17 When necessary drivers must assist customers with handling of baggage and opening and closing of doors

18 No complaining to customers about short fares or time calls A list of regular short fares will be established and such fares shall be dispatched as Locals

19 At customers request music radio and other sound systems except for the twoshyway radio must be turned off

20 Driver must issue a receipt card upon request by customer Drivers signature must be clearly marked in the appropriate place on the receipt card There is no charge for the issuance of a receipt card

21 No new driver is to commence work until he has been briefed by OJS staff in the operating of our charge account system

22 Some of the guidelines in the operation of our charge account system are as follows

Collective Agreement laquoCompanyraquo Page43

(a) All charges are to be signed with car number (eg-DJ70) and date clearly written

(b) If the fare goes to more than one destination these other destinations are to be clearly marked on the reverse side of the chit

(c) Taxi chits to be signed by the customer and dollar value to be clearly marked

(d) Gift certificates which currently have a maximum value of $500 each are to be accepted at face value and change given as required

(e) Drivers must note on back of chit the drop offpick up address if it is different from address shown on face of chit

Drivers are prohibited from buying other drivers charges whether they be DJS drivers or other cab Companys charges Violation of this rule shall result in the following fines

1st offence -2d offence bull 3rd and subsequent offences-

$5000 per chit $10000 per chit $20000 per chit

plus the face value of each chitCredit Card in all cases

The parties agree that the above penalties are specific penalties within the meaning of the Ontario Labour Relations Act An Arbitrator shall not have the power to alter or modify any penalty imposed under this clause

(f) Drivers must accept all major credit cards approved by OJS Taxi

(g) Drivers are responsible for ensuring that all necessary information is clearly marked on charge vouchers as follows

bull Customers name and signature bull Card number (correct number of digits) bull Expiry date bull Drivers signature and car number (eg-DJ70) bull Ensure proper copies of charges are submitted to the Company for

processing bull No hand written major credit card sales drafts will be accepted

23 All cars are to be cleaned inside and out by 1000 am every day with due regard given to road and weather conditions

Collective Agreement Page44

24 All drivers must ensure that they have change for $2000 at all times and will not be removed from the sheet while getting change provided they are not called

25 No taxicab driver shall charge a passenger for

(a) The cost of proceeding to an establishment for change or

(b) Waiting time while a passenger obtains the change provided the bill presented for payment is of $2000 denomination or less

26 No vehicle to be left unattended with keys in the ignition

27 No person(s) unless authorized by the Company shall accompany the driver in the vehicle while heshe is occupied with a paying fare

28 Taxis must not be left unattended on a OJS taxi concession stand for more than ten (1 0) minutes

29 Only au~horized drivers with valid licenses can operate a taxi-licensed vehicle

30 Roof sign must be removed from vehicle when not on duty or involved in an accident

31 ALL DRIVERS ARE ADVISED THAT IT IS AGAINST THE LAW AND OJS TAXI COMPANY LIMITED POLICY TO REFUSE DOG GUIDES IN THEIR CABS REFUSAL WILL RESULT IN FINES AND DISCIPLINARY ACTION BY THE COMPANY

1st offence - 1 week suspension 2nd offence - 2 weeks suspension

3rd offence - Dismissal No longer working under the OJS roof sign

Accommodating Persons with Disabilities

The Management of OJS Taxi wishes to advise all its employees drivers and others operating under the OJS Taxi roof sign of the OJS Taxi policy with respect to blind passengers whether or not they use dog guides

Under the Blind Persons Rights Act of Ontario no person may either deny any person services customarily available to the public or discriminate against any person with respect to services available to the public for the reason that they are a blind person accompanied by a dog guide

Under the Ontario Human Rights Code every person has a right to equal treatment with respect to the supply of services which includes taxi services

Collective Agreement laquoCompanyraquo Page45

bull

without discrimination because of among other things a disability A disability includes any physical impairment such as being blind visually impaired deaf or hard of hearing

Guide Dogs and Taxi Services Many disabled persons are physically dependent on guide animals in their daily activities Canadians who are blind or visually impaired deaf or hard of hearing or who have other types of disabilities such as epilepsy are dependent on guide animals

Accommodation of these individuals necessitates that they be permitted to take their guide animals with them into taxi cabs Refusing to allow them to do so will infringe on their human rights and is against the Blind Persons Rights Act of Ontario and the Ontario Human Rights Code

This notice will simply repeat what should be apparent to you all that if a blind person with or without a dog guide is refused services by any OJS Taxi driver such actions will result in fines to the driver and other disciplinary action including the possibility of suspension by the Management of DJs Taxi Co Ltd

For more information regarding guide animals please review the attached pamphlet and information sheet published by Dog Guides Canada

Any inquiries concerning this policy should be directed to any member of the Management who will if it is required explain the policy to you

32 Drivers are not allowed in the dispatch office

33 All parking tickets will be paid by the rental driver responsible

34 In order to boost with Company owned taxicabs employees must request an obtain instruction from the garage manager or his designee on the proper method of boosting in order to reduce any risk of injury to the driver passenger and damage to the vehicle(s)

In the event of misuse employees at their discretion may be either disciplined in accordance with the principle of progressive discipline or have the option of reimbursing the Company for the cost of damaged parts

35 Any driver operating a taxi while his drivers license or taxi license is under suspension will be disciplined unless the driver can obtain written proof from the Ontario Ministry of Transport andor the appropriate taxi licensing authority that the driver did not receive evidence that hisher license was suspended or cancelled

36 When necessary or requested all elderly andor disabled customers are to be assisted in and out of taxicab at all times

Collective Agreement laquoCompanyraquo Page 46

37 No stealing fares

38 Drivers are not allowed to book no loads and run the fare

39 Drivers cannot refuse dispatched fares subject to article 1304 andor where the driver believes his safety or health is at risk

40 Failure to come to voice after two (2) requests by the Dispatch Supervisor will result in the Driver being suspended in the computer

41 Dispatch staff will not make phone calls for drivers unless it is an emergency situation

42 There shall be no personalization of any fares or trips placed through the Dispatch System of OJS Taxi except for returns east of but not including the Civic Hospital within the same twenty-four (24) hour period Where a return-call has been prearranged through the Dispatch System prior to the initial call being dispatched then the return-call cannot be personalized

43 Drivers will pay monies owed to the company by 400pm on the day that they are due No driver with an outstanding balance will be allowed to book on the sheet until their account is paid in full to the business office This means credited to their account and a receipt issued

44 Dispatchers shall give the line-up every thirty- (30) minutes except for the months of December January and February On implementation of the Computerized Dispatch this clause will be eliminated

45 All deliveries shall be given out as regular calls except where provided in this agreement and all employees shall have the option to refuse to deliver alcohol When a dispatcher requests a driver to call him for information concerning a delivery the dispatcher will first give the delivery address over the radio to ensure the delivery is being dispatched correctly

46 When drivers book out of their cars to attend scheduled complaint meeting appointments they shall be allowed to remain in their spot on the line up queue passed by for fares and treated by the dispatch as if they are no longer on the sheet

When the affected driver returns to his car and books back in he shall be returned to his position in the line up queue and given his next rightful fare

The maximum time a driver shall be allowed to book out for a complaint meeting is one half-hour

Collective Agreement laquoCompanyraquo Page 47

This rule shall only apply if the affected driver does not incur any discipline as a result of the complaint meeting

47 All cabs at DJS Taxi must have a mike clip and the clip must be used Drivers must pick up their mike when communicating

48 Drivers using vans as taxicabs must have and make use of (when requested or required) a portable step to assist passengers in and out of their vehicles

49 All taxicabs must be free of any body damage and any damage must be repaired within ninety- (90) days

50 Roof signs must be kept in good working order and condition with Company approved logo clearly visible front and rear

51 In order to ensure equipment is compatible with computer dispatch system all new radio equipment must be approved by the Company prior to installation

Collective Agreement laquoCompanyraquo Page48

SCHEDULE D CREDIT CARD POLICY amp PROCEDURES

DRIVERS MUST ACCEPT ALL COMPANY APPROVED CHARGES CREDIT AND DEBIT CARDS

DRIVERS MUST HAVE A POINT OF SALE UNIT AND A MANUAL PRINTER PER CURRENT BYLAW CITY OF OTTAWA

Due to the increased use of fraudulent Credit Cards by customers in taxicabs the following procedures have been developed to protect drivers from falling victim to Credit card fraud When accepting Credit cards the following rules must be followed

Credit and Debit Cards- the following rules must be followed

AUTHORIZATION OF ALL DEBIT AND CREDIT CARDS

All Credit Card slips must be authorized regardless of amount Verification is generally done after the fare is completed but verification of an estimated or known amount can be done prior to the completion of the trip if

bull The destination is beyond the radio coverage area bull The driver has reason(s) to suspect the validity of the card

INFORMATION REQUIRED FOR ACCEPTANCE OF DEBIT ANDOR CREDIT CARD SLIP FOR PAYMENT The completed Credit Card slip must contain all the following information

(a) Vehicle Number (pre-printed on POS slip if not to be written by hand at the bottom of the slip)

(b) Drivers ID Number and Initials (c) Amount of fare and gratuity (if applicable) (d) Authorization number (Pre-printed on POS slip) (e) Date of the fare (Pre-printed on POS slip) (f) The Debit or Credit Card must be swiped at all times (in the event that the

receipt does not print imprinting Credit Card only on manual imprinter is acceptable with customers signature but the imprint of the card number has to be clear) In the case of a swiped transaction part of the card number will display per Credit and Debit Card industry rules

(g) Customers signature clearly written (Credit Card only) marked TRANSACTION COPY We will accept the CUSTOMER COPY as long as it has the customers signature Debit POS slips are to be submitted marked TRANSACTION COPY NO SIGNATURE IS REQUIRED

Collective Agreement laquoCompanyraquo Page49

DISPUTES BY A CUSTOMER

Should a debit or credit card slip be disputed by the customer their bank or other financial institution the company will investigate If such investigation proves fraud or error by the driver the driver will be charged back for the full amount of the charge

If the disputed transaction was processed on a non-company unit a $500 plus HST charge plus the value of the charge will be debited to the drivers account The Company will refund the customer for the value of the charge

Should a customer andor driver report that the charge has been approved more than once the Company will investigate The Company does not allow any refunds in the taxicab Drivers can void a transaction but this must be done before Batch Closing the transaction A Void can only be done in the presence of the customer as the card (debit or credit) must be present The driver can then re-swipe the card for the correct amount The Company publishes a toll free number for customers or drivers to call with any concerns about a transaction If a customer has been charged more than once for the incorrect amount the following procedures apply

Credit Card

The Company will verify that the customer was charged multiple times or has been over-charged and issue a refund as necessary The Company will send a copy to the customer upon request All refunds are processed on a Point of Sale unit or Virtual Merchant (on-line) The Company may contact the driver to determine the validity of the customers details

Debit Card

The Company will verify that the customer was charged multiple times or has been overcharged and issue a cheque refund as necessary The Company keeps a copy of the cheque issued

GENERAL INFORMATIONGUIDELINES

1 If the driver has overcharged the customer and has been paid the incorrect amount the Company will adjust the drivers account and provide a receipt The Company maintains a log in the even there is a dispute by the driver or the customer If the driver reports the overcharge that is logged on a Customer Incident Form which has a Control Number

2 Hand written Credit Cards will not be accepted All Credit Cards must be passed through a manual imprinter which clearly shows the full credit card number If the credit card number is not clear and cannot be authorized

Collective Agreement laquoCompany Page 50

the driver will face debitchargeback of the amount as it cannot be authorized

3 The only Credit Cards accepted by Taxitab a division of Coventry Connections Inc are

i Visa ii Mastercard iii American Express

Note Visa Mastercard and American Express all issue prepaid credit cards these are all accepted

4 Taxitab a Division of Coventry Connections accepts Debit Cards for Canadian Financial Institutions Debit Cards for foreign banks may not

work on the unit Visa Mastercard have commenced issuing Debit Cards these are all accepted These cards are clearly marked on the face of the card with the Visa and Mastercard logos

5 The following items are to be checkedverified by the driver upon presentation of a Credit Car (a to d) Debit Card (d only)

CHECK LIST

(a) Expiry Date Ensure the card is valid Check to be sure that the Card is not being used beyond the expiry date printed on the card If the card is expired refuse to accept it

(b) Altered Cards Check to see if the card has been noticeably altered in any way If it has been refuse to accept it

(c) Card holders name and signature Check that the signature on the Credit Card slip is the same name printed on the card At the same time check that the signature is the same as the signature on the rear of the card If there is no signature on the rear of the card ask the customer to sign it as you are required to check this

If in doubt ask to see some other form of identification (preferably one with a picture and signature) that ensures that the person using the card is who they say they are

(d) Amount of fare and gratuity (if applicable) The amount of the Debit or Credit card slip must be equal to the amount of the fare and the gratuity (where applicable) Each amount should be entered in their respective places and only by the customer unless otherwise directed In the case of a Debit Card customer must always enter their PIN number to

Collective Agreement ltbullCompany Page 51

authorize the card Drivers must remind customer that the TIP field comes first followed by the PIN number

(e) $150 Surcharge

Debit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated by the City of Ottawa By-Law The $150 charge is prompted by the point of sale unit automatically The Driver receives 65cent of the $150 for every transaction

Credit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated in the City of Ottawa By-Law The $150 charge is NOT prompted by the point of sale unit automatically The driver adds the $150 to the metered amount and enters this total in the base amount field

6 CAUTIONS

7

(a)

(b)

(c)

Bank Card only have the Bank name on the card

Credit Cards are identified by the VISA MASTERCARD AMERICAN EXPRESS OR DINERS CLUB-ENROUTE symbols Only Cards with these symbols will be accepted

Credit Cards will have a holographic image on the face of the card

CASH ADVANCES

The use of Credit Cards for cash advances in the taxicab is not permitted Credit Cards must only be used in the taxicab for paying for an actual fare Anyone using a Credit Card in a taxicab to obtain cash advance is most likely using a stolen or fraudulent card

8 OUT OF TOWN FARES

For the drivers protection it is suggested that for fares going out of town and the customer wishes to pay by Credit Card it is recommended that the driver authorize the fare at the beginning of the trip (dispatcher can give an estimated amount) If there is a difference process the difference at the end of the trip There is a pre-authorization feature available for Credit Card only on the Point of Sale unit The Company can activate this on driver request but the driver must be

Collective Agreement ccCompany)) Page 52

bull

9

given correct training for this There are several steps involved with pre-authorization that must be followed before batch closing

BATCH CLOSING

Drivers must close transaction in the terminals at the end of their shift Credit Card authorizations only remain in the terminal for five (5) days after that the processor closes them automatically Drivers must batch close all credit cards no later than four (4) days in order for the items to appear on the batch close report

Batch Close reports will print separately for Debit and Credit Cards and list the details of the transactions in the terminals showing the card type and the last four (4) digits of the card involved This Batch close cannot be reprinted drivers must hold on to them Attach the slips to the Batch Close and bring to the cashier The cashier will verify the attached slips are on the batch close and proceed to pay or credit the driver assuming all slips are authorized and complete (as discussed above under (1) Authorization Procedures)

The following circumstances regarding Batch Closes will apply

(i) Batch Close with All Debit and Signed Credit Card slips- Driver will be paid or credited at time of presentation at a cashiering station

(ii) Batch Close- No Debit Slips if the batch close shows a Debit Slip and the driver has misplaced or lost the slip the Driver will be paid or credited at the time of presentation at a cashiering station

(iii) Batch Close No Credit Card Slip- No Slip No Payment at time of cashiering (driver is to go to Driver Admin in this instance) If the driver has a signed manual slip and the last 4 numbers of the card match those on the batch close the slip will be accepted by the cashier

NO BATCH CLOSE REPORT -If a Driver has lost or misplaced Batch Close report the Driver is to go straight to Driver Admin (not cashiering) The Driver is to bring the receipts (if there is a credit card slip with no signature there is a separate procedure for this below) he has for which he has not batch close Driver Admin will initiate a Batch Close Incident Report which has a Control Number for future reference The Procedure is as follows

(i) Driver Admin to Photocopy all Slips and write the Control from the Batch Close Incident Form on the photocopy and date the sheet The

Collective Agreement ccCompanyraquo Page 53

bull

bull

Driver is to keep this in the event of a dispute or apparent nonshypayment in account

(ii) Driver Admin will complete the top copy of the report attach a copy of the slips The Driver will complete the bottom part of the report and sign it

(iii) Management will need 72 hours (three business days) from the date of Incident Report to investigate the transaction has been settled in the POS unit

(iv) Providing Management confirms the transaction is complete the slips will be credited to the Drivers account and a receipt will be printed A copy of the receipt is attached to the Batch Close Incident Report The Control from the Form is entered when the the amount is credited for reference A receipt can be printed at that time by cashier

(v) In the event that a driver does not have a Batch Close and presents a credit card slip with no signature the following will apply

(vi) If the Driver experiences a problem with the Batch Close or operation of the unit the Driver is to bring the unit to the office during normal hours Management will investigate the issue and call Driver to reshyissue the unit completing paperwork for the replacement unit which the driver will sign

Any driver attempting to defraud a customer by processing a debit or credit slip more than once will be terminated

Collective Agreement laquoCompany)) Page 54

bull

bull

SCHEDULE E STOLEN FARE POLICY

Whenever the Dispatch Supervisor receives a complaint that a fare either dispatched to the complainant or from within the same block of taxi standconcession on which the complainant is parked has been stolen and the identification of the accused is made known the Supervisor shall

(a) Bring the accused to voice and notify himher of the allegations

(b) Inform the complainant that a deposit of forty dollars ($4000) must accompany his accusation and to be deposited within one (1) hour of the complaint Where applicable inform the complainant that the accused wishes to challenge the allegations and the date and time of the hearing shall be known to both parties

(c) A failure of either party to attend the hearing will result in an additional fine of forty dollars ($4000) to be paid within sixty (60) minutes of the conclusion of the hearing or a suspension ob the absent party until payment is received

(d) Inform the accused of the available options

(i) Arrange for repayment of the fare in its entirety to a minimum of forty dollars ($4000) to the complainant a Union representative or the Company on behalf of the complainant within sixty (60) minutes or

(ii) If the allegation is being denied and the accused wishes to refute it forty dollars ($4000) must be deposited at the dispatch office within sixty (60) minutes with a notification to the Dispatch Supervisor that the allegation is being challenged

Where the accused fails to respond to two (2) voice messages or refuses to comply with (c) the accused shall have dispatch services suspended until in compliance or the Company receives instructions from a Union Representative to do otherwise

The penalty for a wrongful accusation is the payment of forty dollars ($4000) to the accused by the accuser in addition to the return of the accuseds deposited payment

It is understood and agreed that the action(s) of the Dispatch Supervisor(s) in the compliance of this Policy is not to be construed as a determination of who is the guilty party In all disputes regarding stolen fares the Committee shall make the final determination with respect to guilt

Collective Agreement laquoCompany Page 55

bull

bull

Note Such fare(s) will not be considered as Stolen Fare(s) if picked up by driver(s) arriving on the Concession(s)Taxi Stand(s) prior the driver(s) who accepted the dispatched fare(s)

Collective Agreement ((Company Page 56

bull bull

APPENDIX 1

PLATE CAR LESSEE IND START LESSEE START

1 1027 5027 ADAM GRANT 1 91111986 111987

2 1015 5015 TIMS VAUGHN 411995 411995

3 1043 5043 MARTON FERENC G 10251995 10251995

4 1050 5050 DUBOIS JOHN 12111994 311996

5 1048 5048 SUNIL JOSHI 1111994 711996

6 1030 5030 SLIM MOHAMED 711996 7111996

7 1041 5041 JAMALEDDINE ZAHER 911996 911996

8 1040 5040 MAHEUX FRANK 11151996 181997

9 1109 1 5109 ASTLEY JAMES 1011994 1131997

10 1045 5045 MELHEM SAMIR 1211996 9211997

11 1028 5028 LABINE ANTHONY 10151980 11281997

12 1054 5054 ELmiddotNEMER NEMER 11131997 21271998

13 1113 5113 WEAGANT BROCK C 82211988 3131998

i

14 1039 5039 SOBH HAC HEM 11171997 5111998

15 1044 1 5044 MOUFARREJ RAYMOND 10241996 1161998

16 1042 5042 MCCONVILLE BILL 311992 11111998

17 1107 5107 GIANNAKOS LOUIS I 9111997 491999

18 1026 5026 VERMA LALIT 51261996 5311999

19 1033 5033 MITCHELL BRUCE 111987 9301999

i

20 1108 5108 PAPPAS CHRISTINE 121111991 1041999

rmiddot 1014 5014 NYTRA BEDRICH 961996 3302000

22 1000 5000 ABOUmiddotARRAG SAM I 611997 7132000

23 1038 5038 MUNROE JOHN 1111977 492001

24 1022 5022 RADULESCU GELU 611999 5232002

25 1139 5139 HASSOUN I MOUFID 71211999 8152002

26 1006 5006 SADER I GHASSAN 6211999 292004

27 1029 5029 CLAYTON GREG 911980 21132004

Collective Agreement ccCompany Page 57

bull

28 1034 5034 IBRAHIM 12301995 4302004

29 1037 5037 ABDALLA HASSAN I 3312000 2202006

30 1010 5010 HASSOUN AD NAN 8272001 312006

31 1031 MASSOUD 1241998 312006

32 1 1o35 5035 JANCO 911992 362006

1 33 1036 5036 SINGH BALWANT 92211999 3172006

Collective Agreement ltltCompanyraquo Page 58

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 40: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

2901 (a)

(b)

ARriCLE 29 BEREAVEMENT LEAVE

The Members of the Owners Group agree to grant affected employee(s) the necessary time off of up to four (4) days without fees at the time of death of the following relative(s) of said employee(s) father mother spouse (includes common-law) child brother sister mother andor fathershyin-law

The Members of the Owners Group further agree to grant to affected employees two (2) days without fees at the time of death of the following relatives of the employee sister andor brother-in-law and grandparent

ARTICLE 30 SOCIAL JUSTICE FUND

3001 The Company shall pay to the Union an amount of eight hundred ($80000) dollars per collective agreement year with such amounts being made payable to the CAW Social Justice Fund Inc Said amounts shall be paid by separate cheque by the last day of February in each year of this collective agreement A tax receipt shall be supplied to the Company on receipt of said amount

ARTICLE 31 SAFETY BANQUET

3101 The Company agrees to contribute seven hundred and fifty dollars ($75000) to the Unions annual Safety Banquet in each year of the Collective Agreement

SIGNED THIS DAY OF APRIL 15 2012

FORTH~

~~

Collective Agreement laquoCompanyraquo Page38

Collective Agreement laquoCompanyraquo Page39

SCHEDULE 11 A 11 LIST OF THE OWNERS GROUP

Coventry Connections Inc

Collective Agreement ccCompanyraquo Page40

SCHEDULE nan EXISTING CUSTOMS RIGHTS AND PRIVILEGES

1 There shall be no charge for the receipt cards

2 There shall be no charge for credit card vouchers subject to suppliers (third party) availability and conditions Should the Company pursue a course of action leading to Point of Sale terminals which usage will include Debit transactions Decremental Cards and Credit Cards there would be a charge for paper usage

3 The drivers shall choose their own working hours during their shift

4 Reasonable accommodation shall be given to payment of outstanding debts for accident(s) The following minimum payments are required

A) Up to $1 00000 - $ 1 000 per day

B) Over $100000- $2000 per day

Agreed to on the understanding that this does not apply to spare cars

Collective Agreement laquoCompanyraquo Page 41

SCHEDULE C RULES AND REGULATIONS

1 The following articles of clothing are not acceptable forms of attire at OJS

(a) Sweat pants and shorts except for dress shorts Dress shorts will be allowed from April to Labour Day Drivers caught wearing inappropriate shorts will be given one (1) warning and any future occurrence with regards to inappropriate shorts will cause them to lose the right to wear dress shorts for the duration of that season Shorts can be no shorter than three (3) inches above the knees

(b) T-shirts (except Union decaled T-shirt) without lapels tank tops and muscle s1middot1irts

NB Clothing andor other attire with obscenities profanities or sexually degrading remarks are not acceptable Hair must be clean and neat Faces must be clean-shaven or beards neatly trimmed Clothing must be tear and rip free with no visible patches and is to be cleaned and ironed as required Socks must be worn at all times with all types of footwear except for sandals

2 Drivers must be courteous and pleasant at all times and must conduct themselves in a professional business-like manner

3 There is to be no abusive foul language or gestures directed at customers or the general public

4 Consumption of alcohol or drugs will not be tolerated prior to the commencement of a shift andor while driving

5 There wiil be no arguing and fighting among drivers or other DJs personnel under any circumstances

6 No playing of cards or any other games of chance is allowed at any time when working This includes any form of gambling or betting on the air

7 Profanity or abusive language on the air or in your vehicle is prohibited at all times

8 Use of cell phone during the conveyance of a customer(s) is prohibited

9 Each taxicab and driver shall carry at all times a current street guide Drivers are to make proper use of this guide to avoid unnecessary air time

Collective Agreement ccCompanyraquo Page42

10 Deliveries are to be taken directly to the destination Running other fares while occupied on deliveries will not be permitted unless approved by the dispatcher

11 No messages between drivers are permitted Drivers will receive messages to call home spouse office union office partner or garage

In addition When an authorized Union rep asks the dispatcher to have a member of the bargaining unit call them for union business only this will be allowed and if necessary a phone number will be given

12 Picking up a fare while on the way to an accepted dispatch call will not be permitted

13 Drivers must allow 5 minutes wait at the customers pick-up address

14 Drivers shall take reasonable steps to ensure that they pickup only those fares that they are dispatched to Drivers must check with dispatcher for authorization before taking another fare from same address

15 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical breakdown emergency or any other reason(s) not herein listed the dispatcher shall reshydispatch the fare and suspend the driver for one (1) hour

16 Interference or jamming of the radio is a Federal offence and will not be tolerated

17 When necessary drivers must assist customers with handling of baggage and opening and closing of doors

18 No complaining to customers about short fares or time calls A list of regular short fares will be established and such fares shall be dispatched as Locals

19 At customers request music radio and other sound systems except for the twoshyway radio must be turned off

20 Driver must issue a receipt card upon request by customer Drivers signature must be clearly marked in the appropriate place on the receipt card There is no charge for the issuance of a receipt card

21 No new driver is to commence work until he has been briefed by OJS staff in the operating of our charge account system

22 Some of the guidelines in the operation of our charge account system are as follows

Collective Agreement laquoCompanyraquo Page43

(a) All charges are to be signed with car number (eg-DJ70) and date clearly written

(b) If the fare goes to more than one destination these other destinations are to be clearly marked on the reverse side of the chit

(c) Taxi chits to be signed by the customer and dollar value to be clearly marked

(d) Gift certificates which currently have a maximum value of $500 each are to be accepted at face value and change given as required

(e) Drivers must note on back of chit the drop offpick up address if it is different from address shown on face of chit

Drivers are prohibited from buying other drivers charges whether they be DJS drivers or other cab Companys charges Violation of this rule shall result in the following fines

1st offence -2d offence bull 3rd and subsequent offences-

$5000 per chit $10000 per chit $20000 per chit

plus the face value of each chitCredit Card in all cases

The parties agree that the above penalties are specific penalties within the meaning of the Ontario Labour Relations Act An Arbitrator shall not have the power to alter or modify any penalty imposed under this clause

(f) Drivers must accept all major credit cards approved by OJS Taxi

(g) Drivers are responsible for ensuring that all necessary information is clearly marked on charge vouchers as follows

bull Customers name and signature bull Card number (correct number of digits) bull Expiry date bull Drivers signature and car number (eg-DJ70) bull Ensure proper copies of charges are submitted to the Company for

processing bull No hand written major credit card sales drafts will be accepted

23 All cars are to be cleaned inside and out by 1000 am every day with due regard given to road and weather conditions

Collective Agreement Page44

24 All drivers must ensure that they have change for $2000 at all times and will not be removed from the sheet while getting change provided they are not called

25 No taxicab driver shall charge a passenger for

(a) The cost of proceeding to an establishment for change or

(b) Waiting time while a passenger obtains the change provided the bill presented for payment is of $2000 denomination or less

26 No vehicle to be left unattended with keys in the ignition

27 No person(s) unless authorized by the Company shall accompany the driver in the vehicle while heshe is occupied with a paying fare

28 Taxis must not be left unattended on a OJS taxi concession stand for more than ten (1 0) minutes

29 Only au~horized drivers with valid licenses can operate a taxi-licensed vehicle

30 Roof sign must be removed from vehicle when not on duty or involved in an accident

31 ALL DRIVERS ARE ADVISED THAT IT IS AGAINST THE LAW AND OJS TAXI COMPANY LIMITED POLICY TO REFUSE DOG GUIDES IN THEIR CABS REFUSAL WILL RESULT IN FINES AND DISCIPLINARY ACTION BY THE COMPANY

1st offence - 1 week suspension 2nd offence - 2 weeks suspension

3rd offence - Dismissal No longer working under the OJS roof sign

Accommodating Persons with Disabilities

The Management of OJS Taxi wishes to advise all its employees drivers and others operating under the OJS Taxi roof sign of the OJS Taxi policy with respect to blind passengers whether or not they use dog guides

Under the Blind Persons Rights Act of Ontario no person may either deny any person services customarily available to the public or discriminate against any person with respect to services available to the public for the reason that they are a blind person accompanied by a dog guide

Under the Ontario Human Rights Code every person has a right to equal treatment with respect to the supply of services which includes taxi services

Collective Agreement laquoCompanyraquo Page45

bull

without discrimination because of among other things a disability A disability includes any physical impairment such as being blind visually impaired deaf or hard of hearing

Guide Dogs and Taxi Services Many disabled persons are physically dependent on guide animals in their daily activities Canadians who are blind or visually impaired deaf or hard of hearing or who have other types of disabilities such as epilepsy are dependent on guide animals

Accommodation of these individuals necessitates that they be permitted to take their guide animals with them into taxi cabs Refusing to allow them to do so will infringe on their human rights and is against the Blind Persons Rights Act of Ontario and the Ontario Human Rights Code

This notice will simply repeat what should be apparent to you all that if a blind person with or without a dog guide is refused services by any OJS Taxi driver such actions will result in fines to the driver and other disciplinary action including the possibility of suspension by the Management of DJs Taxi Co Ltd

For more information regarding guide animals please review the attached pamphlet and information sheet published by Dog Guides Canada

Any inquiries concerning this policy should be directed to any member of the Management who will if it is required explain the policy to you

32 Drivers are not allowed in the dispatch office

33 All parking tickets will be paid by the rental driver responsible

34 In order to boost with Company owned taxicabs employees must request an obtain instruction from the garage manager or his designee on the proper method of boosting in order to reduce any risk of injury to the driver passenger and damage to the vehicle(s)

In the event of misuse employees at their discretion may be either disciplined in accordance with the principle of progressive discipline or have the option of reimbursing the Company for the cost of damaged parts

35 Any driver operating a taxi while his drivers license or taxi license is under suspension will be disciplined unless the driver can obtain written proof from the Ontario Ministry of Transport andor the appropriate taxi licensing authority that the driver did not receive evidence that hisher license was suspended or cancelled

36 When necessary or requested all elderly andor disabled customers are to be assisted in and out of taxicab at all times

Collective Agreement laquoCompanyraquo Page 46

37 No stealing fares

38 Drivers are not allowed to book no loads and run the fare

39 Drivers cannot refuse dispatched fares subject to article 1304 andor where the driver believes his safety or health is at risk

40 Failure to come to voice after two (2) requests by the Dispatch Supervisor will result in the Driver being suspended in the computer

41 Dispatch staff will not make phone calls for drivers unless it is an emergency situation

42 There shall be no personalization of any fares or trips placed through the Dispatch System of OJS Taxi except for returns east of but not including the Civic Hospital within the same twenty-four (24) hour period Where a return-call has been prearranged through the Dispatch System prior to the initial call being dispatched then the return-call cannot be personalized

43 Drivers will pay monies owed to the company by 400pm on the day that they are due No driver with an outstanding balance will be allowed to book on the sheet until their account is paid in full to the business office This means credited to their account and a receipt issued

44 Dispatchers shall give the line-up every thirty- (30) minutes except for the months of December January and February On implementation of the Computerized Dispatch this clause will be eliminated

45 All deliveries shall be given out as regular calls except where provided in this agreement and all employees shall have the option to refuse to deliver alcohol When a dispatcher requests a driver to call him for information concerning a delivery the dispatcher will first give the delivery address over the radio to ensure the delivery is being dispatched correctly

46 When drivers book out of their cars to attend scheduled complaint meeting appointments they shall be allowed to remain in their spot on the line up queue passed by for fares and treated by the dispatch as if they are no longer on the sheet

When the affected driver returns to his car and books back in he shall be returned to his position in the line up queue and given his next rightful fare

The maximum time a driver shall be allowed to book out for a complaint meeting is one half-hour

Collective Agreement laquoCompanyraquo Page 47

This rule shall only apply if the affected driver does not incur any discipline as a result of the complaint meeting

47 All cabs at DJS Taxi must have a mike clip and the clip must be used Drivers must pick up their mike when communicating

48 Drivers using vans as taxicabs must have and make use of (when requested or required) a portable step to assist passengers in and out of their vehicles

49 All taxicabs must be free of any body damage and any damage must be repaired within ninety- (90) days

50 Roof signs must be kept in good working order and condition with Company approved logo clearly visible front and rear

51 In order to ensure equipment is compatible with computer dispatch system all new radio equipment must be approved by the Company prior to installation

Collective Agreement laquoCompanyraquo Page48

SCHEDULE D CREDIT CARD POLICY amp PROCEDURES

DRIVERS MUST ACCEPT ALL COMPANY APPROVED CHARGES CREDIT AND DEBIT CARDS

DRIVERS MUST HAVE A POINT OF SALE UNIT AND A MANUAL PRINTER PER CURRENT BYLAW CITY OF OTTAWA

Due to the increased use of fraudulent Credit Cards by customers in taxicabs the following procedures have been developed to protect drivers from falling victim to Credit card fraud When accepting Credit cards the following rules must be followed

Credit and Debit Cards- the following rules must be followed

AUTHORIZATION OF ALL DEBIT AND CREDIT CARDS

All Credit Card slips must be authorized regardless of amount Verification is generally done after the fare is completed but verification of an estimated or known amount can be done prior to the completion of the trip if

bull The destination is beyond the radio coverage area bull The driver has reason(s) to suspect the validity of the card

INFORMATION REQUIRED FOR ACCEPTANCE OF DEBIT ANDOR CREDIT CARD SLIP FOR PAYMENT The completed Credit Card slip must contain all the following information

(a) Vehicle Number (pre-printed on POS slip if not to be written by hand at the bottom of the slip)

(b) Drivers ID Number and Initials (c) Amount of fare and gratuity (if applicable) (d) Authorization number (Pre-printed on POS slip) (e) Date of the fare (Pre-printed on POS slip) (f) The Debit or Credit Card must be swiped at all times (in the event that the

receipt does not print imprinting Credit Card only on manual imprinter is acceptable with customers signature but the imprint of the card number has to be clear) In the case of a swiped transaction part of the card number will display per Credit and Debit Card industry rules

(g) Customers signature clearly written (Credit Card only) marked TRANSACTION COPY We will accept the CUSTOMER COPY as long as it has the customers signature Debit POS slips are to be submitted marked TRANSACTION COPY NO SIGNATURE IS REQUIRED

Collective Agreement laquoCompanyraquo Page49

DISPUTES BY A CUSTOMER

Should a debit or credit card slip be disputed by the customer their bank or other financial institution the company will investigate If such investigation proves fraud or error by the driver the driver will be charged back for the full amount of the charge

If the disputed transaction was processed on a non-company unit a $500 plus HST charge plus the value of the charge will be debited to the drivers account The Company will refund the customer for the value of the charge

Should a customer andor driver report that the charge has been approved more than once the Company will investigate The Company does not allow any refunds in the taxicab Drivers can void a transaction but this must be done before Batch Closing the transaction A Void can only be done in the presence of the customer as the card (debit or credit) must be present The driver can then re-swipe the card for the correct amount The Company publishes a toll free number for customers or drivers to call with any concerns about a transaction If a customer has been charged more than once for the incorrect amount the following procedures apply

Credit Card

The Company will verify that the customer was charged multiple times or has been over-charged and issue a refund as necessary The Company will send a copy to the customer upon request All refunds are processed on a Point of Sale unit or Virtual Merchant (on-line) The Company may contact the driver to determine the validity of the customers details

Debit Card

The Company will verify that the customer was charged multiple times or has been overcharged and issue a cheque refund as necessary The Company keeps a copy of the cheque issued

GENERAL INFORMATIONGUIDELINES

1 If the driver has overcharged the customer and has been paid the incorrect amount the Company will adjust the drivers account and provide a receipt The Company maintains a log in the even there is a dispute by the driver or the customer If the driver reports the overcharge that is logged on a Customer Incident Form which has a Control Number

2 Hand written Credit Cards will not be accepted All Credit Cards must be passed through a manual imprinter which clearly shows the full credit card number If the credit card number is not clear and cannot be authorized

Collective Agreement laquoCompany Page 50

the driver will face debitchargeback of the amount as it cannot be authorized

3 The only Credit Cards accepted by Taxitab a division of Coventry Connections Inc are

i Visa ii Mastercard iii American Express

Note Visa Mastercard and American Express all issue prepaid credit cards these are all accepted

4 Taxitab a Division of Coventry Connections accepts Debit Cards for Canadian Financial Institutions Debit Cards for foreign banks may not

work on the unit Visa Mastercard have commenced issuing Debit Cards these are all accepted These cards are clearly marked on the face of the card with the Visa and Mastercard logos

5 The following items are to be checkedverified by the driver upon presentation of a Credit Car (a to d) Debit Card (d only)

CHECK LIST

(a) Expiry Date Ensure the card is valid Check to be sure that the Card is not being used beyond the expiry date printed on the card If the card is expired refuse to accept it

(b) Altered Cards Check to see if the card has been noticeably altered in any way If it has been refuse to accept it

(c) Card holders name and signature Check that the signature on the Credit Card slip is the same name printed on the card At the same time check that the signature is the same as the signature on the rear of the card If there is no signature on the rear of the card ask the customer to sign it as you are required to check this

If in doubt ask to see some other form of identification (preferably one with a picture and signature) that ensures that the person using the card is who they say they are

(d) Amount of fare and gratuity (if applicable) The amount of the Debit or Credit card slip must be equal to the amount of the fare and the gratuity (where applicable) Each amount should be entered in their respective places and only by the customer unless otherwise directed In the case of a Debit Card customer must always enter their PIN number to

Collective Agreement ltbullCompany Page 51

authorize the card Drivers must remind customer that the TIP field comes first followed by the PIN number

(e) $150 Surcharge

Debit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated by the City of Ottawa By-Law The $150 charge is prompted by the point of sale unit automatically The Driver receives 65cent of the $150 for every transaction

Credit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated in the City of Ottawa By-Law The $150 charge is NOT prompted by the point of sale unit automatically The driver adds the $150 to the metered amount and enters this total in the base amount field

6 CAUTIONS

7

(a)

(b)

(c)

Bank Card only have the Bank name on the card

Credit Cards are identified by the VISA MASTERCARD AMERICAN EXPRESS OR DINERS CLUB-ENROUTE symbols Only Cards with these symbols will be accepted

Credit Cards will have a holographic image on the face of the card

CASH ADVANCES

The use of Credit Cards for cash advances in the taxicab is not permitted Credit Cards must only be used in the taxicab for paying for an actual fare Anyone using a Credit Card in a taxicab to obtain cash advance is most likely using a stolen or fraudulent card

8 OUT OF TOWN FARES

For the drivers protection it is suggested that for fares going out of town and the customer wishes to pay by Credit Card it is recommended that the driver authorize the fare at the beginning of the trip (dispatcher can give an estimated amount) If there is a difference process the difference at the end of the trip There is a pre-authorization feature available for Credit Card only on the Point of Sale unit The Company can activate this on driver request but the driver must be

Collective Agreement ccCompany)) Page 52

bull

9

given correct training for this There are several steps involved with pre-authorization that must be followed before batch closing

BATCH CLOSING

Drivers must close transaction in the terminals at the end of their shift Credit Card authorizations only remain in the terminal for five (5) days after that the processor closes them automatically Drivers must batch close all credit cards no later than four (4) days in order for the items to appear on the batch close report

Batch Close reports will print separately for Debit and Credit Cards and list the details of the transactions in the terminals showing the card type and the last four (4) digits of the card involved This Batch close cannot be reprinted drivers must hold on to them Attach the slips to the Batch Close and bring to the cashier The cashier will verify the attached slips are on the batch close and proceed to pay or credit the driver assuming all slips are authorized and complete (as discussed above under (1) Authorization Procedures)

The following circumstances regarding Batch Closes will apply

(i) Batch Close with All Debit and Signed Credit Card slips- Driver will be paid or credited at time of presentation at a cashiering station

(ii) Batch Close- No Debit Slips if the batch close shows a Debit Slip and the driver has misplaced or lost the slip the Driver will be paid or credited at the time of presentation at a cashiering station

(iii) Batch Close No Credit Card Slip- No Slip No Payment at time of cashiering (driver is to go to Driver Admin in this instance) If the driver has a signed manual slip and the last 4 numbers of the card match those on the batch close the slip will be accepted by the cashier

NO BATCH CLOSE REPORT -If a Driver has lost or misplaced Batch Close report the Driver is to go straight to Driver Admin (not cashiering) The Driver is to bring the receipts (if there is a credit card slip with no signature there is a separate procedure for this below) he has for which he has not batch close Driver Admin will initiate a Batch Close Incident Report which has a Control Number for future reference The Procedure is as follows

(i) Driver Admin to Photocopy all Slips and write the Control from the Batch Close Incident Form on the photocopy and date the sheet The

Collective Agreement ccCompanyraquo Page 53

bull

bull

Driver is to keep this in the event of a dispute or apparent nonshypayment in account

(ii) Driver Admin will complete the top copy of the report attach a copy of the slips The Driver will complete the bottom part of the report and sign it

(iii) Management will need 72 hours (three business days) from the date of Incident Report to investigate the transaction has been settled in the POS unit

(iv) Providing Management confirms the transaction is complete the slips will be credited to the Drivers account and a receipt will be printed A copy of the receipt is attached to the Batch Close Incident Report The Control from the Form is entered when the the amount is credited for reference A receipt can be printed at that time by cashier

(v) In the event that a driver does not have a Batch Close and presents a credit card slip with no signature the following will apply

(vi) If the Driver experiences a problem with the Batch Close or operation of the unit the Driver is to bring the unit to the office during normal hours Management will investigate the issue and call Driver to reshyissue the unit completing paperwork for the replacement unit which the driver will sign

Any driver attempting to defraud a customer by processing a debit or credit slip more than once will be terminated

Collective Agreement laquoCompany)) Page 54

bull

bull

SCHEDULE E STOLEN FARE POLICY

Whenever the Dispatch Supervisor receives a complaint that a fare either dispatched to the complainant or from within the same block of taxi standconcession on which the complainant is parked has been stolen and the identification of the accused is made known the Supervisor shall

(a) Bring the accused to voice and notify himher of the allegations

(b) Inform the complainant that a deposit of forty dollars ($4000) must accompany his accusation and to be deposited within one (1) hour of the complaint Where applicable inform the complainant that the accused wishes to challenge the allegations and the date and time of the hearing shall be known to both parties

(c) A failure of either party to attend the hearing will result in an additional fine of forty dollars ($4000) to be paid within sixty (60) minutes of the conclusion of the hearing or a suspension ob the absent party until payment is received

(d) Inform the accused of the available options

(i) Arrange for repayment of the fare in its entirety to a minimum of forty dollars ($4000) to the complainant a Union representative or the Company on behalf of the complainant within sixty (60) minutes or

(ii) If the allegation is being denied and the accused wishes to refute it forty dollars ($4000) must be deposited at the dispatch office within sixty (60) minutes with a notification to the Dispatch Supervisor that the allegation is being challenged

Where the accused fails to respond to two (2) voice messages or refuses to comply with (c) the accused shall have dispatch services suspended until in compliance or the Company receives instructions from a Union Representative to do otherwise

The penalty for a wrongful accusation is the payment of forty dollars ($4000) to the accused by the accuser in addition to the return of the accuseds deposited payment

It is understood and agreed that the action(s) of the Dispatch Supervisor(s) in the compliance of this Policy is not to be construed as a determination of who is the guilty party In all disputes regarding stolen fares the Committee shall make the final determination with respect to guilt

Collective Agreement laquoCompany Page 55

bull

bull

Note Such fare(s) will not be considered as Stolen Fare(s) if picked up by driver(s) arriving on the Concession(s)Taxi Stand(s) prior the driver(s) who accepted the dispatched fare(s)

Collective Agreement ((Company Page 56

bull bull

APPENDIX 1

PLATE CAR LESSEE IND START LESSEE START

1 1027 5027 ADAM GRANT 1 91111986 111987

2 1015 5015 TIMS VAUGHN 411995 411995

3 1043 5043 MARTON FERENC G 10251995 10251995

4 1050 5050 DUBOIS JOHN 12111994 311996

5 1048 5048 SUNIL JOSHI 1111994 711996

6 1030 5030 SLIM MOHAMED 711996 7111996

7 1041 5041 JAMALEDDINE ZAHER 911996 911996

8 1040 5040 MAHEUX FRANK 11151996 181997

9 1109 1 5109 ASTLEY JAMES 1011994 1131997

10 1045 5045 MELHEM SAMIR 1211996 9211997

11 1028 5028 LABINE ANTHONY 10151980 11281997

12 1054 5054 ELmiddotNEMER NEMER 11131997 21271998

13 1113 5113 WEAGANT BROCK C 82211988 3131998

i

14 1039 5039 SOBH HAC HEM 11171997 5111998

15 1044 1 5044 MOUFARREJ RAYMOND 10241996 1161998

16 1042 5042 MCCONVILLE BILL 311992 11111998

17 1107 5107 GIANNAKOS LOUIS I 9111997 491999

18 1026 5026 VERMA LALIT 51261996 5311999

19 1033 5033 MITCHELL BRUCE 111987 9301999

i

20 1108 5108 PAPPAS CHRISTINE 121111991 1041999

rmiddot 1014 5014 NYTRA BEDRICH 961996 3302000

22 1000 5000 ABOUmiddotARRAG SAM I 611997 7132000

23 1038 5038 MUNROE JOHN 1111977 492001

24 1022 5022 RADULESCU GELU 611999 5232002

25 1139 5139 HASSOUN I MOUFID 71211999 8152002

26 1006 5006 SADER I GHASSAN 6211999 292004

27 1029 5029 CLAYTON GREG 911980 21132004

Collective Agreement ccCompany Page 57

bull

28 1034 5034 IBRAHIM 12301995 4302004

29 1037 5037 ABDALLA HASSAN I 3312000 2202006

30 1010 5010 HASSOUN AD NAN 8272001 312006

31 1031 MASSOUD 1241998 312006

32 1 1o35 5035 JANCO 911992 362006

1 33 1036 5036 SINGH BALWANT 92211999 3172006

Collective Agreement ltltCompanyraquo Page 58

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 41: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

Collective Agreement laquoCompanyraquo Page39

SCHEDULE 11 A 11 LIST OF THE OWNERS GROUP

Coventry Connections Inc

Collective Agreement ccCompanyraquo Page40

SCHEDULE nan EXISTING CUSTOMS RIGHTS AND PRIVILEGES

1 There shall be no charge for the receipt cards

2 There shall be no charge for credit card vouchers subject to suppliers (third party) availability and conditions Should the Company pursue a course of action leading to Point of Sale terminals which usage will include Debit transactions Decremental Cards and Credit Cards there would be a charge for paper usage

3 The drivers shall choose their own working hours during their shift

4 Reasonable accommodation shall be given to payment of outstanding debts for accident(s) The following minimum payments are required

A) Up to $1 00000 - $ 1 000 per day

B) Over $100000- $2000 per day

Agreed to on the understanding that this does not apply to spare cars

Collective Agreement laquoCompanyraquo Page 41

SCHEDULE C RULES AND REGULATIONS

1 The following articles of clothing are not acceptable forms of attire at OJS

(a) Sweat pants and shorts except for dress shorts Dress shorts will be allowed from April to Labour Day Drivers caught wearing inappropriate shorts will be given one (1) warning and any future occurrence with regards to inappropriate shorts will cause them to lose the right to wear dress shorts for the duration of that season Shorts can be no shorter than three (3) inches above the knees

(b) T-shirts (except Union decaled T-shirt) without lapels tank tops and muscle s1middot1irts

NB Clothing andor other attire with obscenities profanities or sexually degrading remarks are not acceptable Hair must be clean and neat Faces must be clean-shaven or beards neatly trimmed Clothing must be tear and rip free with no visible patches and is to be cleaned and ironed as required Socks must be worn at all times with all types of footwear except for sandals

2 Drivers must be courteous and pleasant at all times and must conduct themselves in a professional business-like manner

3 There is to be no abusive foul language or gestures directed at customers or the general public

4 Consumption of alcohol or drugs will not be tolerated prior to the commencement of a shift andor while driving

5 There wiil be no arguing and fighting among drivers or other DJs personnel under any circumstances

6 No playing of cards or any other games of chance is allowed at any time when working This includes any form of gambling or betting on the air

7 Profanity or abusive language on the air or in your vehicle is prohibited at all times

8 Use of cell phone during the conveyance of a customer(s) is prohibited

9 Each taxicab and driver shall carry at all times a current street guide Drivers are to make proper use of this guide to avoid unnecessary air time

Collective Agreement ccCompanyraquo Page42

10 Deliveries are to be taken directly to the destination Running other fares while occupied on deliveries will not be permitted unless approved by the dispatcher

11 No messages between drivers are permitted Drivers will receive messages to call home spouse office union office partner or garage

In addition When an authorized Union rep asks the dispatcher to have a member of the bargaining unit call them for union business only this will be allowed and if necessary a phone number will be given

12 Picking up a fare while on the way to an accepted dispatch call will not be permitted

13 Drivers must allow 5 minutes wait at the customers pick-up address

14 Drivers shall take reasonable steps to ensure that they pickup only those fares that they are dispatched to Drivers must check with dispatcher for authorization before taking another fare from same address

15 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical breakdown emergency or any other reason(s) not herein listed the dispatcher shall reshydispatch the fare and suspend the driver for one (1) hour

16 Interference or jamming of the radio is a Federal offence and will not be tolerated

17 When necessary drivers must assist customers with handling of baggage and opening and closing of doors

18 No complaining to customers about short fares or time calls A list of regular short fares will be established and such fares shall be dispatched as Locals

19 At customers request music radio and other sound systems except for the twoshyway radio must be turned off

20 Driver must issue a receipt card upon request by customer Drivers signature must be clearly marked in the appropriate place on the receipt card There is no charge for the issuance of a receipt card

21 No new driver is to commence work until he has been briefed by OJS staff in the operating of our charge account system

22 Some of the guidelines in the operation of our charge account system are as follows

Collective Agreement laquoCompanyraquo Page43

(a) All charges are to be signed with car number (eg-DJ70) and date clearly written

(b) If the fare goes to more than one destination these other destinations are to be clearly marked on the reverse side of the chit

(c) Taxi chits to be signed by the customer and dollar value to be clearly marked

(d) Gift certificates which currently have a maximum value of $500 each are to be accepted at face value and change given as required

(e) Drivers must note on back of chit the drop offpick up address if it is different from address shown on face of chit

Drivers are prohibited from buying other drivers charges whether they be DJS drivers or other cab Companys charges Violation of this rule shall result in the following fines

1st offence -2d offence bull 3rd and subsequent offences-

$5000 per chit $10000 per chit $20000 per chit

plus the face value of each chitCredit Card in all cases

The parties agree that the above penalties are specific penalties within the meaning of the Ontario Labour Relations Act An Arbitrator shall not have the power to alter or modify any penalty imposed under this clause

(f) Drivers must accept all major credit cards approved by OJS Taxi

(g) Drivers are responsible for ensuring that all necessary information is clearly marked on charge vouchers as follows

bull Customers name and signature bull Card number (correct number of digits) bull Expiry date bull Drivers signature and car number (eg-DJ70) bull Ensure proper copies of charges are submitted to the Company for

processing bull No hand written major credit card sales drafts will be accepted

23 All cars are to be cleaned inside and out by 1000 am every day with due regard given to road and weather conditions

Collective Agreement Page44

24 All drivers must ensure that they have change for $2000 at all times and will not be removed from the sheet while getting change provided they are not called

25 No taxicab driver shall charge a passenger for

(a) The cost of proceeding to an establishment for change or

(b) Waiting time while a passenger obtains the change provided the bill presented for payment is of $2000 denomination or less

26 No vehicle to be left unattended with keys in the ignition

27 No person(s) unless authorized by the Company shall accompany the driver in the vehicle while heshe is occupied with a paying fare

28 Taxis must not be left unattended on a OJS taxi concession stand for more than ten (1 0) minutes

29 Only au~horized drivers with valid licenses can operate a taxi-licensed vehicle

30 Roof sign must be removed from vehicle when not on duty or involved in an accident

31 ALL DRIVERS ARE ADVISED THAT IT IS AGAINST THE LAW AND OJS TAXI COMPANY LIMITED POLICY TO REFUSE DOG GUIDES IN THEIR CABS REFUSAL WILL RESULT IN FINES AND DISCIPLINARY ACTION BY THE COMPANY

1st offence - 1 week suspension 2nd offence - 2 weeks suspension

3rd offence - Dismissal No longer working under the OJS roof sign

Accommodating Persons with Disabilities

The Management of OJS Taxi wishes to advise all its employees drivers and others operating under the OJS Taxi roof sign of the OJS Taxi policy with respect to blind passengers whether or not they use dog guides

Under the Blind Persons Rights Act of Ontario no person may either deny any person services customarily available to the public or discriminate against any person with respect to services available to the public for the reason that they are a blind person accompanied by a dog guide

Under the Ontario Human Rights Code every person has a right to equal treatment with respect to the supply of services which includes taxi services

Collective Agreement laquoCompanyraquo Page45

bull

without discrimination because of among other things a disability A disability includes any physical impairment such as being blind visually impaired deaf or hard of hearing

Guide Dogs and Taxi Services Many disabled persons are physically dependent on guide animals in their daily activities Canadians who are blind or visually impaired deaf or hard of hearing or who have other types of disabilities such as epilepsy are dependent on guide animals

Accommodation of these individuals necessitates that they be permitted to take their guide animals with them into taxi cabs Refusing to allow them to do so will infringe on their human rights and is against the Blind Persons Rights Act of Ontario and the Ontario Human Rights Code

This notice will simply repeat what should be apparent to you all that if a blind person with or without a dog guide is refused services by any OJS Taxi driver such actions will result in fines to the driver and other disciplinary action including the possibility of suspension by the Management of DJs Taxi Co Ltd

For more information regarding guide animals please review the attached pamphlet and information sheet published by Dog Guides Canada

Any inquiries concerning this policy should be directed to any member of the Management who will if it is required explain the policy to you

32 Drivers are not allowed in the dispatch office

33 All parking tickets will be paid by the rental driver responsible

34 In order to boost with Company owned taxicabs employees must request an obtain instruction from the garage manager or his designee on the proper method of boosting in order to reduce any risk of injury to the driver passenger and damage to the vehicle(s)

In the event of misuse employees at their discretion may be either disciplined in accordance with the principle of progressive discipline or have the option of reimbursing the Company for the cost of damaged parts

35 Any driver operating a taxi while his drivers license or taxi license is under suspension will be disciplined unless the driver can obtain written proof from the Ontario Ministry of Transport andor the appropriate taxi licensing authority that the driver did not receive evidence that hisher license was suspended or cancelled

36 When necessary or requested all elderly andor disabled customers are to be assisted in and out of taxicab at all times

Collective Agreement laquoCompanyraquo Page 46

37 No stealing fares

38 Drivers are not allowed to book no loads and run the fare

39 Drivers cannot refuse dispatched fares subject to article 1304 andor where the driver believes his safety or health is at risk

40 Failure to come to voice after two (2) requests by the Dispatch Supervisor will result in the Driver being suspended in the computer

41 Dispatch staff will not make phone calls for drivers unless it is an emergency situation

42 There shall be no personalization of any fares or trips placed through the Dispatch System of OJS Taxi except for returns east of but not including the Civic Hospital within the same twenty-four (24) hour period Where a return-call has been prearranged through the Dispatch System prior to the initial call being dispatched then the return-call cannot be personalized

43 Drivers will pay monies owed to the company by 400pm on the day that they are due No driver with an outstanding balance will be allowed to book on the sheet until their account is paid in full to the business office This means credited to their account and a receipt issued

44 Dispatchers shall give the line-up every thirty- (30) minutes except for the months of December January and February On implementation of the Computerized Dispatch this clause will be eliminated

45 All deliveries shall be given out as regular calls except where provided in this agreement and all employees shall have the option to refuse to deliver alcohol When a dispatcher requests a driver to call him for information concerning a delivery the dispatcher will first give the delivery address over the radio to ensure the delivery is being dispatched correctly

46 When drivers book out of their cars to attend scheduled complaint meeting appointments they shall be allowed to remain in their spot on the line up queue passed by for fares and treated by the dispatch as if they are no longer on the sheet

When the affected driver returns to his car and books back in he shall be returned to his position in the line up queue and given his next rightful fare

The maximum time a driver shall be allowed to book out for a complaint meeting is one half-hour

Collective Agreement laquoCompanyraquo Page 47

This rule shall only apply if the affected driver does not incur any discipline as a result of the complaint meeting

47 All cabs at DJS Taxi must have a mike clip and the clip must be used Drivers must pick up their mike when communicating

48 Drivers using vans as taxicabs must have and make use of (when requested or required) a portable step to assist passengers in and out of their vehicles

49 All taxicabs must be free of any body damage and any damage must be repaired within ninety- (90) days

50 Roof signs must be kept in good working order and condition with Company approved logo clearly visible front and rear

51 In order to ensure equipment is compatible with computer dispatch system all new radio equipment must be approved by the Company prior to installation

Collective Agreement laquoCompanyraquo Page48

SCHEDULE D CREDIT CARD POLICY amp PROCEDURES

DRIVERS MUST ACCEPT ALL COMPANY APPROVED CHARGES CREDIT AND DEBIT CARDS

DRIVERS MUST HAVE A POINT OF SALE UNIT AND A MANUAL PRINTER PER CURRENT BYLAW CITY OF OTTAWA

Due to the increased use of fraudulent Credit Cards by customers in taxicabs the following procedures have been developed to protect drivers from falling victim to Credit card fraud When accepting Credit cards the following rules must be followed

Credit and Debit Cards- the following rules must be followed

AUTHORIZATION OF ALL DEBIT AND CREDIT CARDS

All Credit Card slips must be authorized regardless of amount Verification is generally done after the fare is completed but verification of an estimated or known amount can be done prior to the completion of the trip if

bull The destination is beyond the radio coverage area bull The driver has reason(s) to suspect the validity of the card

INFORMATION REQUIRED FOR ACCEPTANCE OF DEBIT ANDOR CREDIT CARD SLIP FOR PAYMENT The completed Credit Card slip must contain all the following information

(a) Vehicle Number (pre-printed on POS slip if not to be written by hand at the bottom of the slip)

(b) Drivers ID Number and Initials (c) Amount of fare and gratuity (if applicable) (d) Authorization number (Pre-printed on POS slip) (e) Date of the fare (Pre-printed on POS slip) (f) The Debit or Credit Card must be swiped at all times (in the event that the

receipt does not print imprinting Credit Card only on manual imprinter is acceptable with customers signature but the imprint of the card number has to be clear) In the case of a swiped transaction part of the card number will display per Credit and Debit Card industry rules

(g) Customers signature clearly written (Credit Card only) marked TRANSACTION COPY We will accept the CUSTOMER COPY as long as it has the customers signature Debit POS slips are to be submitted marked TRANSACTION COPY NO SIGNATURE IS REQUIRED

Collective Agreement laquoCompanyraquo Page49

DISPUTES BY A CUSTOMER

Should a debit or credit card slip be disputed by the customer their bank or other financial institution the company will investigate If such investigation proves fraud or error by the driver the driver will be charged back for the full amount of the charge

If the disputed transaction was processed on a non-company unit a $500 plus HST charge plus the value of the charge will be debited to the drivers account The Company will refund the customer for the value of the charge

Should a customer andor driver report that the charge has been approved more than once the Company will investigate The Company does not allow any refunds in the taxicab Drivers can void a transaction but this must be done before Batch Closing the transaction A Void can only be done in the presence of the customer as the card (debit or credit) must be present The driver can then re-swipe the card for the correct amount The Company publishes a toll free number for customers or drivers to call with any concerns about a transaction If a customer has been charged more than once for the incorrect amount the following procedures apply

Credit Card

The Company will verify that the customer was charged multiple times or has been over-charged and issue a refund as necessary The Company will send a copy to the customer upon request All refunds are processed on a Point of Sale unit or Virtual Merchant (on-line) The Company may contact the driver to determine the validity of the customers details

Debit Card

The Company will verify that the customer was charged multiple times or has been overcharged and issue a cheque refund as necessary The Company keeps a copy of the cheque issued

GENERAL INFORMATIONGUIDELINES

1 If the driver has overcharged the customer and has been paid the incorrect amount the Company will adjust the drivers account and provide a receipt The Company maintains a log in the even there is a dispute by the driver or the customer If the driver reports the overcharge that is logged on a Customer Incident Form which has a Control Number

2 Hand written Credit Cards will not be accepted All Credit Cards must be passed through a manual imprinter which clearly shows the full credit card number If the credit card number is not clear and cannot be authorized

Collective Agreement laquoCompany Page 50

the driver will face debitchargeback of the amount as it cannot be authorized

3 The only Credit Cards accepted by Taxitab a division of Coventry Connections Inc are

i Visa ii Mastercard iii American Express

Note Visa Mastercard and American Express all issue prepaid credit cards these are all accepted

4 Taxitab a Division of Coventry Connections accepts Debit Cards for Canadian Financial Institutions Debit Cards for foreign banks may not

work on the unit Visa Mastercard have commenced issuing Debit Cards these are all accepted These cards are clearly marked on the face of the card with the Visa and Mastercard logos

5 The following items are to be checkedverified by the driver upon presentation of a Credit Car (a to d) Debit Card (d only)

CHECK LIST

(a) Expiry Date Ensure the card is valid Check to be sure that the Card is not being used beyond the expiry date printed on the card If the card is expired refuse to accept it

(b) Altered Cards Check to see if the card has been noticeably altered in any way If it has been refuse to accept it

(c) Card holders name and signature Check that the signature on the Credit Card slip is the same name printed on the card At the same time check that the signature is the same as the signature on the rear of the card If there is no signature on the rear of the card ask the customer to sign it as you are required to check this

If in doubt ask to see some other form of identification (preferably one with a picture and signature) that ensures that the person using the card is who they say they are

(d) Amount of fare and gratuity (if applicable) The amount of the Debit or Credit card slip must be equal to the amount of the fare and the gratuity (where applicable) Each amount should be entered in their respective places and only by the customer unless otherwise directed In the case of a Debit Card customer must always enter their PIN number to

Collective Agreement ltbullCompany Page 51

authorize the card Drivers must remind customer that the TIP field comes first followed by the PIN number

(e) $150 Surcharge

Debit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated by the City of Ottawa By-Law The $150 charge is prompted by the point of sale unit automatically The Driver receives 65cent of the $150 for every transaction

Credit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated in the City of Ottawa By-Law The $150 charge is NOT prompted by the point of sale unit automatically The driver adds the $150 to the metered amount and enters this total in the base amount field

6 CAUTIONS

7

(a)

(b)

(c)

Bank Card only have the Bank name on the card

Credit Cards are identified by the VISA MASTERCARD AMERICAN EXPRESS OR DINERS CLUB-ENROUTE symbols Only Cards with these symbols will be accepted

Credit Cards will have a holographic image on the face of the card

CASH ADVANCES

The use of Credit Cards for cash advances in the taxicab is not permitted Credit Cards must only be used in the taxicab for paying for an actual fare Anyone using a Credit Card in a taxicab to obtain cash advance is most likely using a stolen or fraudulent card

8 OUT OF TOWN FARES

For the drivers protection it is suggested that for fares going out of town and the customer wishes to pay by Credit Card it is recommended that the driver authorize the fare at the beginning of the trip (dispatcher can give an estimated amount) If there is a difference process the difference at the end of the trip There is a pre-authorization feature available for Credit Card only on the Point of Sale unit The Company can activate this on driver request but the driver must be

Collective Agreement ccCompany)) Page 52

bull

9

given correct training for this There are several steps involved with pre-authorization that must be followed before batch closing

BATCH CLOSING

Drivers must close transaction in the terminals at the end of their shift Credit Card authorizations only remain in the terminal for five (5) days after that the processor closes them automatically Drivers must batch close all credit cards no later than four (4) days in order for the items to appear on the batch close report

Batch Close reports will print separately for Debit and Credit Cards and list the details of the transactions in the terminals showing the card type and the last four (4) digits of the card involved This Batch close cannot be reprinted drivers must hold on to them Attach the slips to the Batch Close and bring to the cashier The cashier will verify the attached slips are on the batch close and proceed to pay or credit the driver assuming all slips are authorized and complete (as discussed above under (1) Authorization Procedures)

The following circumstances regarding Batch Closes will apply

(i) Batch Close with All Debit and Signed Credit Card slips- Driver will be paid or credited at time of presentation at a cashiering station

(ii) Batch Close- No Debit Slips if the batch close shows a Debit Slip and the driver has misplaced or lost the slip the Driver will be paid or credited at the time of presentation at a cashiering station

(iii) Batch Close No Credit Card Slip- No Slip No Payment at time of cashiering (driver is to go to Driver Admin in this instance) If the driver has a signed manual slip and the last 4 numbers of the card match those on the batch close the slip will be accepted by the cashier

NO BATCH CLOSE REPORT -If a Driver has lost or misplaced Batch Close report the Driver is to go straight to Driver Admin (not cashiering) The Driver is to bring the receipts (if there is a credit card slip with no signature there is a separate procedure for this below) he has for which he has not batch close Driver Admin will initiate a Batch Close Incident Report which has a Control Number for future reference The Procedure is as follows

(i) Driver Admin to Photocopy all Slips and write the Control from the Batch Close Incident Form on the photocopy and date the sheet The

Collective Agreement ccCompanyraquo Page 53

bull

bull

Driver is to keep this in the event of a dispute or apparent nonshypayment in account

(ii) Driver Admin will complete the top copy of the report attach a copy of the slips The Driver will complete the bottom part of the report and sign it

(iii) Management will need 72 hours (three business days) from the date of Incident Report to investigate the transaction has been settled in the POS unit

(iv) Providing Management confirms the transaction is complete the slips will be credited to the Drivers account and a receipt will be printed A copy of the receipt is attached to the Batch Close Incident Report The Control from the Form is entered when the the amount is credited for reference A receipt can be printed at that time by cashier

(v) In the event that a driver does not have a Batch Close and presents a credit card slip with no signature the following will apply

(vi) If the Driver experiences a problem with the Batch Close or operation of the unit the Driver is to bring the unit to the office during normal hours Management will investigate the issue and call Driver to reshyissue the unit completing paperwork for the replacement unit which the driver will sign

Any driver attempting to defraud a customer by processing a debit or credit slip more than once will be terminated

Collective Agreement laquoCompany)) Page 54

bull

bull

SCHEDULE E STOLEN FARE POLICY

Whenever the Dispatch Supervisor receives a complaint that a fare either dispatched to the complainant or from within the same block of taxi standconcession on which the complainant is parked has been stolen and the identification of the accused is made known the Supervisor shall

(a) Bring the accused to voice and notify himher of the allegations

(b) Inform the complainant that a deposit of forty dollars ($4000) must accompany his accusation and to be deposited within one (1) hour of the complaint Where applicable inform the complainant that the accused wishes to challenge the allegations and the date and time of the hearing shall be known to both parties

(c) A failure of either party to attend the hearing will result in an additional fine of forty dollars ($4000) to be paid within sixty (60) minutes of the conclusion of the hearing or a suspension ob the absent party until payment is received

(d) Inform the accused of the available options

(i) Arrange for repayment of the fare in its entirety to a minimum of forty dollars ($4000) to the complainant a Union representative or the Company on behalf of the complainant within sixty (60) minutes or

(ii) If the allegation is being denied and the accused wishes to refute it forty dollars ($4000) must be deposited at the dispatch office within sixty (60) minutes with a notification to the Dispatch Supervisor that the allegation is being challenged

Where the accused fails to respond to two (2) voice messages or refuses to comply with (c) the accused shall have dispatch services suspended until in compliance or the Company receives instructions from a Union Representative to do otherwise

The penalty for a wrongful accusation is the payment of forty dollars ($4000) to the accused by the accuser in addition to the return of the accuseds deposited payment

It is understood and agreed that the action(s) of the Dispatch Supervisor(s) in the compliance of this Policy is not to be construed as a determination of who is the guilty party In all disputes regarding stolen fares the Committee shall make the final determination with respect to guilt

Collective Agreement laquoCompany Page 55

bull

bull

Note Such fare(s) will not be considered as Stolen Fare(s) if picked up by driver(s) arriving on the Concession(s)Taxi Stand(s) prior the driver(s) who accepted the dispatched fare(s)

Collective Agreement ((Company Page 56

bull bull

APPENDIX 1

PLATE CAR LESSEE IND START LESSEE START

1 1027 5027 ADAM GRANT 1 91111986 111987

2 1015 5015 TIMS VAUGHN 411995 411995

3 1043 5043 MARTON FERENC G 10251995 10251995

4 1050 5050 DUBOIS JOHN 12111994 311996

5 1048 5048 SUNIL JOSHI 1111994 711996

6 1030 5030 SLIM MOHAMED 711996 7111996

7 1041 5041 JAMALEDDINE ZAHER 911996 911996

8 1040 5040 MAHEUX FRANK 11151996 181997

9 1109 1 5109 ASTLEY JAMES 1011994 1131997

10 1045 5045 MELHEM SAMIR 1211996 9211997

11 1028 5028 LABINE ANTHONY 10151980 11281997

12 1054 5054 ELmiddotNEMER NEMER 11131997 21271998

13 1113 5113 WEAGANT BROCK C 82211988 3131998

i

14 1039 5039 SOBH HAC HEM 11171997 5111998

15 1044 1 5044 MOUFARREJ RAYMOND 10241996 1161998

16 1042 5042 MCCONVILLE BILL 311992 11111998

17 1107 5107 GIANNAKOS LOUIS I 9111997 491999

18 1026 5026 VERMA LALIT 51261996 5311999

19 1033 5033 MITCHELL BRUCE 111987 9301999

i

20 1108 5108 PAPPAS CHRISTINE 121111991 1041999

rmiddot 1014 5014 NYTRA BEDRICH 961996 3302000

22 1000 5000 ABOUmiddotARRAG SAM I 611997 7132000

23 1038 5038 MUNROE JOHN 1111977 492001

24 1022 5022 RADULESCU GELU 611999 5232002

25 1139 5139 HASSOUN I MOUFID 71211999 8152002

26 1006 5006 SADER I GHASSAN 6211999 292004

27 1029 5029 CLAYTON GREG 911980 21132004

Collective Agreement ccCompany Page 57

bull

28 1034 5034 IBRAHIM 12301995 4302004

29 1037 5037 ABDALLA HASSAN I 3312000 2202006

30 1010 5010 HASSOUN AD NAN 8272001 312006

31 1031 MASSOUD 1241998 312006

32 1 1o35 5035 JANCO 911992 362006

1 33 1036 5036 SINGH BALWANT 92211999 3172006

Collective Agreement ltltCompanyraquo Page 58

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 42: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

SCHEDULE 11 A 11 LIST OF THE OWNERS GROUP

Coventry Connections Inc

Collective Agreement ccCompanyraquo Page40

SCHEDULE nan EXISTING CUSTOMS RIGHTS AND PRIVILEGES

1 There shall be no charge for the receipt cards

2 There shall be no charge for credit card vouchers subject to suppliers (third party) availability and conditions Should the Company pursue a course of action leading to Point of Sale terminals which usage will include Debit transactions Decremental Cards and Credit Cards there would be a charge for paper usage

3 The drivers shall choose their own working hours during their shift

4 Reasonable accommodation shall be given to payment of outstanding debts for accident(s) The following minimum payments are required

A) Up to $1 00000 - $ 1 000 per day

B) Over $100000- $2000 per day

Agreed to on the understanding that this does not apply to spare cars

Collective Agreement laquoCompanyraquo Page 41

SCHEDULE C RULES AND REGULATIONS

1 The following articles of clothing are not acceptable forms of attire at OJS

(a) Sweat pants and shorts except for dress shorts Dress shorts will be allowed from April to Labour Day Drivers caught wearing inappropriate shorts will be given one (1) warning and any future occurrence with regards to inappropriate shorts will cause them to lose the right to wear dress shorts for the duration of that season Shorts can be no shorter than three (3) inches above the knees

(b) T-shirts (except Union decaled T-shirt) without lapels tank tops and muscle s1middot1irts

NB Clothing andor other attire with obscenities profanities or sexually degrading remarks are not acceptable Hair must be clean and neat Faces must be clean-shaven or beards neatly trimmed Clothing must be tear and rip free with no visible patches and is to be cleaned and ironed as required Socks must be worn at all times with all types of footwear except for sandals

2 Drivers must be courteous and pleasant at all times and must conduct themselves in a professional business-like manner

3 There is to be no abusive foul language or gestures directed at customers or the general public

4 Consumption of alcohol or drugs will not be tolerated prior to the commencement of a shift andor while driving

5 There wiil be no arguing and fighting among drivers or other DJs personnel under any circumstances

6 No playing of cards or any other games of chance is allowed at any time when working This includes any form of gambling or betting on the air

7 Profanity or abusive language on the air or in your vehicle is prohibited at all times

8 Use of cell phone during the conveyance of a customer(s) is prohibited

9 Each taxicab and driver shall carry at all times a current street guide Drivers are to make proper use of this guide to avoid unnecessary air time

Collective Agreement ccCompanyraquo Page42

10 Deliveries are to be taken directly to the destination Running other fares while occupied on deliveries will not be permitted unless approved by the dispatcher

11 No messages between drivers are permitted Drivers will receive messages to call home spouse office union office partner or garage

In addition When an authorized Union rep asks the dispatcher to have a member of the bargaining unit call them for union business only this will be allowed and if necessary a phone number will be given

12 Picking up a fare while on the way to an accepted dispatch call will not be permitted

13 Drivers must allow 5 minutes wait at the customers pick-up address

14 Drivers shall take reasonable steps to ensure that they pickup only those fares that they are dispatched to Drivers must check with dispatcher for authorization before taking another fare from same address

15 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical breakdown emergency or any other reason(s) not herein listed the dispatcher shall reshydispatch the fare and suspend the driver for one (1) hour

16 Interference or jamming of the radio is a Federal offence and will not be tolerated

17 When necessary drivers must assist customers with handling of baggage and opening and closing of doors

18 No complaining to customers about short fares or time calls A list of regular short fares will be established and such fares shall be dispatched as Locals

19 At customers request music radio and other sound systems except for the twoshyway radio must be turned off

20 Driver must issue a receipt card upon request by customer Drivers signature must be clearly marked in the appropriate place on the receipt card There is no charge for the issuance of a receipt card

21 No new driver is to commence work until he has been briefed by OJS staff in the operating of our charge account system

22 Some of the guidelines in the operation of our charge account system are as follows

Collective Agreement laquoCompanyraquo Page43

(a) All charges are to be signed with car number (eg-DJ70) and date clearly written

(b) If the fare goes to more than one destination these other destinations are to be clearly marked on the reverse side of the chit

(c) Taxi chits to be signed by the customer and dollar value to be clearly marked

(d) Gift certificates which currently have a maximum value of $500 each are to be accepted at face value and change given as required

(e) Drivers must note on back of chit the drop offpick up address if it is different from address shown on face of chit

Drivers are prohibited from buying other drivers charges whether they be DJS drivers or other cab Companys charges Violation of this rule shall result in the following fines

1st offence -2d offence bull 3rd and subsequent offences-

$5000 per chit $10000 per chit $20000 per chit

plus the face value of each chitCredit Card in all cases

The parties agree that the above penalties are specific penalties within the meaning of the Ontario Labour Relations Act An Arbitrator shall not have the power to alter or modify any penalty imposed under this clause

(f) Drivers must accept all major credit cards approved by OJS Taxi

(g) Drivers are responsible for ensuring that all necessary information is clearly marked on charge vouchers as follows

bull Customers name and signature bull Card number (correct number of digits) bull Expiry date bull Drivers signature and car number (eg-DJ70) bull Ensure proper copies of charges are submitted to the Company for

processing bull No hand written major credit card sales drafts will be accepted

23 All cars are to be cleaned inside and out by 1000 am every day with due regard given to road and weather conditions

Collective Agreement Page44

24 All drivers must ensure that they have change for $2000 at all times and will not be removed from the sheet while getting change provided they are not called

25 No taxicab driver shall charge a passenger for

(a) The cost of proceeding to an establishment for change or

(b) Waiting time while a passenger obtains the change provided the bill presented for payment is of $2000 denomination or less

26 No vehicle to be left unattended with keys in the ignition

27 No person(s) unless authorized by the Company shall accompany the driver in the vehicle while heshe is occupied with a paying fare

28 Taxis must not be left unattended on a OJS taxi concession stand for more than ten (1 0) minutes

29 Only au~horized drivers with valid licenses can operate a taxi-licensed vehicle

30 Roof sign must be removed from vehicle when not on duty or involved in an accident

31 ALL DRIVERS ARE ADVISED THAT IT IS AGAINST THE LAW AND OJS TAXI COMPANY LIMITED POLICY TO REFUSE DOG GUIDES IN THEIR CABS REFUSAL WILL RESULT IN FINES AND DISCIPLINARY ACTION BY THE COMPANY

1st offence - 1 week suspension 2nd offence - 2 weeks suspension

3rd offence - Dismissal No longer working under the OJS roof sign

Accommodating Persons with Disabilities

The Management of OJS Taxi wishes to advise all its employees drivers and others operating under the OJS Taxi roof sign of the OJS Taxi policy with respect to blind passengers whether or not they use dog guides

Under the Blind Persons Rights Act of Ontario no person may either deny any person services customarily available to the public or discriminate against any person with respect to services available to the public for the reason that they are a blind person accompanied by a dog guide

Under the Ontario Human Rights Code every person has a right to equal treatment with respect to the supply of services which includes taxi services

Collective Agreement laquoCompanyraquo Page45

bull

without discrimination because of among other things a disability A disability includes any physical impairment such as being blind visually impaired deaf or hard of hearing

Guide Dogs and Taxi Services Many disabled persons are physically dependent on guide animals in their daily activities Canadians who are blind or visually impaired deaf or hard of hearing or who have other types of disabilities such as epilepsy are dependent on guide animals

Accommodation of these individuals necessitates that they be permitted to take their guide animals with them into taxi cabs Refusing to allow them to do so will infringe on their human rights and is against the Blind Persons Rights Act of Ontario and the Ontario Human Rights Code

This notice will simply repeat what should be apparent to you all that if a blind person with or without a dog guide is refused services by any OJS Taxi driver such actions will result in fines to the driver and other disciplinary action including the possibility of suspension by the Management of DJs Taxi Co Ltd

For more information regarding guide animals please review the attached pamphlet and information sheet published by Dog Guides Canada

Any inquiries concerning this policy should be directed to any member of the Management who will if it is required explain the policy to you

32 Drivers are not allowed in the dispatch office

33 All parking tickets will be paid by the rental driver responsible

34 In order to boost with Company owned taxicabs employees must request an obtain instruction from the garage manager or his designee on the proper method of boosting in order to reduce any risk of injury to the driver passenger and damage to the vehicle(s)

In the event of misuse employees at their discretion may be either disciplined in accordance with the principle of progressive discipline or have the option of reimbursing the Company for the cost of damaged parts

35 Any driver operating a taxi while his drivers license or taxi license is under suspension will be disciplined unless the driver can obtain written proof from the Ontario Ministry of Transport andor the appropriate taxi licensing authority that the driver did not receive evidence that hisher license was suspended or cancelled

36 When necessary or requested all elderly andor disabled customers are to be assisted in and out of taxicab at all times

Collective Agreement laquoCompanyraquo Page 46

37 No stealing fares

38 Drivers are not allowed to book no loads and run the fare

39 Drivers cannot refuse dispatched fares subject to article 1304 andor where the driver believes his safety or health is at risk

40 Failure to come to voice after two (2) requests by the Dispatch Supervisor will result in the Driver being suspended in the computer

41 Dispatch staff will not make phone calls for drivers unless it is an emergency situation

42 There shall be no personalization of any fares or trips placed through the Dispatch System of OJS Taxi except for returns east of but not including the Civic Hospital within the same twenty-four (24) hour period Where a return-call has been prearranged through the Dispatch System prior to the initial call being dispatched then the return-call cannot be personalized

43 Drivers will pay monies owed to the company by 400pm on the day that they are due No driver with an outstanding balance will be allowed to book on the sheet until their account is paid in full to the business office This means credited to their account and a receipt issued

44 Dispatchers shall give the line-up every thirty- (30) minutes except for the months of December January and February On implementation of the Computerized Dispatch this clause will be eliminated

45 All deliveries shall be given out as regular calls except where provided in this agreement and all employees shall have the option to refuse to deliver alcohol When a dispatcher requests a driver to call him for information concerning a delivery the dispatcher will first give the delivery address over the radio to ensure the delivery is being dispatched correctly

46 When drivers book out of their cars to attend scheduled complaint meeting appointments they shall be allowed to remain in their spot on the line up queue passed by for fares and treated by the dispatch as if they are no longer on the sheet

When the affected driver returns to his car and books back in he shall be returned to his position in the line up queue and given his next rightful fare

The maximum time a driver shall be allowed to book out for a complaint meeting is one half-hour

Collective Agreement laquoCompanyraquo Page 47

This rule shall only apply if the affected driver does not incur any discipline as a result of the complaint meeting

47 All cabs at DJS Taxi must have a mike clip and the clip must be used Drivers must pick up their mike when communicating

48 Drivers using vans as taxicabs must have and make use of (when requested or required) a portable step to assist passengers in and out of their vehicles

49 All taxicabs must be free of any body damage and any damage must be repaired within ninety- (90) days

50 Roof signs must be kept in good working order and condition with Company approved logo clearly visible front and rear

51 In order to ensure equipment is compatible with computer dispatch system all new radio equipment must be approved by the Company prior to installation

Collective Agreement laquoCompanyraquo Page48

SCHEDULE D CREDIT CARD POLICY amp PROCEDURES

DRIVERS MUST ACCEPT ALL COMPANY APPROVED CHARGES CREDIT AND DEBIT CARDS

DRIVERS MUST HAVE A POINT OF SALE UNIT AND A MANUAL PRINTER PER CURRENT BYLAW CITY OF OTTAWA

Due to the increased use of fraudulent Credit Cards by customers in taxicabs the following procedures have been developed to protect drivers from falling victim to Credit card fraud When accepting Credit cards the following rules must be followed

Credit and Debit Cards- the following rules must be followed

AUTHORIZATION OF ALL DEBIT AND CREDIT CARDS

All Credit Card slips must be authorized regardless of amount Verification is generally done after the fare is completed but verification of an estimated or known amount can be done prior to the completion of the trip if

bull The destination is beyond the radio coverage area bull The driver has reason(s) to suspect the validity of the card

INFORMATION REQUIRED FOR ACCEPTANCE OF DEBIT ANDOR CREDIT CARD SLIP FOR PAYMENT The completed Credit Card slip must contain all the following information

(a) Vehicle Number (pre-printed on POS slip if not to be written by hand at the bottom of the slip)

(b) Drivers ID Number and Initials (c) Amount of fare and gratuity (if applicable) (d) Authorization number (Pre-printed on POS slip) (e) Date of the fare (Pre-printed on POS slip) (f) The Debit or Credit Card must be swiped at all times (in the event that the

receipt does not print imprinting Credit Card only on manual imprinter is acceptable with customers signature but the imprint of the card number has to be clear) In the case of a swiped transaction part of the card number will display per Credit and Debit Card industry rules

(g) Customers signature clearly written (Credit Card only) marked TRANSACTION COPY We will accept the CUSTOMER COPY as long as it has the customers signature Debit POS slips are to be submitted marked TRANSACTION COPY NO SIGNATURE IS REQUIRED

Collective Agreement laquoCompanyraquo Page49

DISPUTES BY A CUSTOMER

Should a debit or credit card slip be disputed by the customer their bank or other financial institution the company will investigate If such investigation proves fraud or error by the driver the driver will be charged back for the full amount of the charge

If the disputed transaction was processed on a non-company unit a $500 plus HST charge plus the value of the charge will be debited to the drivers account The Company will refund the customer for the value of the charge

Should a customer andor driver report that the charge has been approved more than once the Company will investigate The Company does not allow any refunds in the taxicab Drivers can void a transaction but this must be done before Batch Closing the transaction A Void can only be done in the presence of the customer as the card (debit or credit) must be present The driver can then re-swipe the card for the correct amount The Company publishes a toll free number for customers or drivers to call with any concerns about a transaction If a customer has been charged more than once for the incorrect amount the following procedures apply

Credit Card

The Company will verify that the customer was charged multiple times or has been over-charged and issue a refund as necessary The Company will send a copy to the customer upon request All refunds are processed on a Point of Sale unit or Virtual Merchant (on-line) The Company may contact the driver to determine the validity of the customers details

Debit Card

The Company will verify that the customer was charged multiple times or has been overcharged and issue a cheque refund as necessary The Company keeps a copy of the cheque issued

GENERAL INFORMATIONGUIDELINES

1 If the driver has overcharged the customer and has been paid the incorrect amount the Company will adjust the drivers account and provide a receipt The Company maintains a log in the even there is a dispute by the driver or the customer If the driver reports the overcharge that is logged on a Customer Incident Form which has a Control Number

2 Hand written Credit Cards will not be accepted All Credit Cards must be passed through a manual imprinter which clearly shows the full credit card number If the credit card number is not clear and cannot be authorized

Collective Agreement laquoCompany Page 50

the driver will face debitchargeback of the amount as it cannot be authorized

3 The only Credit Cards accepted by Taxitab a division of Coventry Connections Inc are

i Visa ii Mastercard iii American Express

Note Visa Mastercard and American Express all issue prepaid credit cards these are all accepted

4 Taxitab a Division of Coventry Connections accepts Debit Cards for Canadian Financial Institutions Debit Cards for foreign banks may not

work on the unit Visa Mastercard have commenced issuing Debit Cards these are all accepted These cards are clearly marked on the face of the card with the Visa and Mastercard logos

5 The following items are to be checkedverified by the driver upon presentation of a Credit Car (a to d) Debit Card (d only)

CHECK LIST

(a) Expiry Date Ensure the card is valid Check to be sure that the Card is not being used beyond the expiry date printed on the card If the card is expired refuse to accept it

(b) Altered Cards Check to see if the card has been noticeably altered in any way If it has been refuse to accept it

(c) Card holders name and signature Check that the signature on the Credit Card slip is the same name printed on the card At the same time check that the signature is the same as the signature on the rear of the card If there is no signature on the rear of the card ask the customer to sign it as you are required to check this

If in doubt ask to see some other form of identification (preferably one with a picture and signature) that ensures that the person using the card is who they say they are

(d) Amount of fare and gratuity (if applicable) The amount of the Debit or Credit card slip must be equal to the amount of the fare and the gratuity (where applicable) Each amount should be entered in their respective places and only by the customer unless otherwise directed In the case of a Debit Card customer must always enter their PIN number to

Collective Agreement ltbullCompany Page 51

authorize the card Drivers must remind customer that the TIP field comes first followed by the PIN number

(e) $150 Surcharge

Debit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated by the City of Ottawa By-Law The $150 charge is prompted by the point of sale unit automatically The Driver receives 65cent of the $150 for every transaction

Credit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated in the City of Ottawa By-Law The $150 charge is NOT prompted by the point of sale unit automatically The driver adds the $150 to the metered amount and enters this total in the base amount field

6 CAUTIONS

7

(a)

(b)

(c)

Bank Card only have the Bank name on the card

Credit Cards are identified by the VISA MASTERCARD AMERICAN EXPRESS OR DINERS CLUB-ENROUTE symbols Only Cards with these symbols will be accepted

Credit Cards will have a holographic image on the face of the card

CASH ADVANCES

The use of Credit Cards for cash advances in the taxicab is not permitted Credit Cards must only be used in the taxicab for paying for an actual fare Anyone using a Credit Card in a taxicab to obtain cash advance is most likely using a stolen or fraudulent card

8 OUT OF TOWN FARES

For the drivers protection it is suggested that for fares going out of town and the customer wishes to pay by Credit Card it is recommended that the driver authorize the fare at the beginning of the trip (dispatcher can give an estimated amount) If there is a difference process the difference at the end of the trip There is a pre-authorization feature available for Credit Card only on the Point of Sale unit The Company can activate this on driver request but the driver must be

Collective Agreement ccCompany)) Page 52

bull

9

given correct training for this There are several steps involved with pre-authorization that must be followed before batch closing

BATCH CLOSING

Drivers must close transaction in the terminals at the end of their shift Credit Card authorizations only remain in the terminal for five (5) days after that the processor closes them automatically Drivers must batch close all credit cards no later than four (4) days in order for the items to appear on the batch close report

Batch Close reports will print separately for Debit and Credit Cards and list the details of the transactions in the terminals showing the card type and the last four (4) digits of the card involved This Batch close cannot be reprinted drivers must hold on to them Attach the slips to the Batch Close and bring to the cashier The cashier will verify the attached slips are on the batch close and proceed to pay or credit the driver assuming all slips are authorized and complete (as discussed above under (1) Authorization Procedures)

The following circumstances regarding Batch Closes will apply

(i) Batch Close with All Debit and Signed Credit Card slips- Driver will be paid or credited at time of presentation at a cashiering station

(ii) Batch Close- No Debit Slips if the batch close shows a Debit Slip and the driver has misplaced or lost the slip the Driver will be paid or credited at the time of presentation at a cashiering station

(iii) Batch Close No Credit Card Slip- No Slip No Payment at time of cashiering (driver is to go to Driver Admin in this instance) If the driver has a signed manual slip and the last 4 numbers of the card match those on the batch close the slip will be accepted by the cashier

NO BATCH CLOSE REPORT -If a Driver has lost or misplaced Batch Close report the Driver is to go straight to Driver Admin (not cashiering) The Driver is to bring the receipts (if there is a credit card slip with no signature there is a separate procedure for this below) he has for which he has not batch close Driver Admin will initiate a Batch Close Incident Report which has a Control Number for future reference The Procedure is as follows

(i) Driver Admin to Photocopy all Slips and write the Control from the Batch Close Incident Form on the photocopy and date the sheet The

Collective Agreement ccCompanyraquo Page 53

bull

bull

Driver is to keep this in the event of a dispute or apparent nonshypayment in account

(ii) Driver Admin will complete the top copy of the report attach a copy of the slips The Driver will complete the bottom part of the report and sign it

(iii) Management will need 72 hours (three business days) from the date of Incident Report to investigate the transaction has been settled in the POS unit

(iv) Providing Management confirms the transaction is complete the slips will be credited to the Drivers account and a receipt will be printed A copy of the receipt is attached to the Batch Close Incident Report The Control from the Form is entered when the the amount is credited for reference A receipt can be printed at that time by cashier

(v) In the event that a driver does not have a Batch Close and presents a credit card slip with no signature the following will apply

(vi) If the Driver experiences a problem with the Batch Close or operation of the unit the Driver is to bring the unit to the office during normal hours Management will investigate the issue and call Driver to reshyissue the unit completing paperwork for the replacement unit which the driver will sign

Any driver attempting to defraud a customer by processing a debit or credit slip more than once will be terminated

Collective Agreement laquoCompany)) Page 54

bull

bull

SCHEDULE E STOLEN FARE POLICY

Whenever the Dispatch Supervisor receives a complaint that a fare either dispatched to the complainant or from within the same block of taxi standconcession on which the complainant is parked has been stolen and the identification of the accused is made known the Supervisor shall

(a) Bring the accused to voice and notify himher of the allegations

(b) Inform the complainant that a deposit of forty dollars ($4000) must accompany his accusation and to be deposited within one (1) hour of the complaint Where applicable inform the complainant that the accused wishes to challenge the allegations and the date and time of the hearing shall be known to both parties

(c) A failure of either party to attend the hearing will result in an additional fine of forty dollars ($4000) to be paid within sixty (60) minutes of the conclusion of the hearing or a suspension ob the absent party until payment is received

(d) Inform the accused of the available options

(i) Arrange for repayment of the fare in its entirety to a minimum of forty dollars ($4000) to the complainant a Union representative or the Company on behalf of the complainant within sixty (60) minutes or

(ii) If the allegation is being denied and the accused wishes to refute it forty dollars ($4000) must be deposited at the dispatch office within sixty (60) minutes with a notification to the Dispatch Supervisor that the allegation is being challenged

Where the accused fails to respond to two (2) voice messages or refuses to comply with (c) the accused shall have dispatch services suspended until in compliance or the Company receives instructions from a Union Representative to do otherwise

The penalty for a wrongful accusation is the payment of forty dollars ($4000) to the accused by the accuser in addition to the return of the accuseds deposited payment

It is understood and agreed that the action(s) of the Dispatch Supervisor(s) in the compliance of this Policy is not to be construed as a determination of who is the guilty party In all disputes regarding stolen fares the Committee shall make the final determination with respect to guilt

Collective Agreement laquoCompany Page 55

bull

bull

Note Such fare(s) will not be considered as Stolen Fare(s) if picked up by driver(s) arriving on the Concession(s)Taxi Stand(s) prior the driver(s) who accepted the dispatched fare(s)

Collective Agreement ((Company Page 56

bull bull

APPENDIX 1

PLATE CAR LESSEE IND START LESSEE START

1 1027 5027 ADAM GRANT 1 91111986 111987

2 1015 5015 TIMS VAUGHN 411995 411995

3 1043 5043 MARTON FERENC G 10251995 10251995

4 1050 5050 DUBOIS JOHN 12111994 311996

5 1048 5048 SUNIL JOSHI 1111994 711996

6 1030 5030 SLIM MOHAMED 711996 7111996

7 1041 5041 JAMALEDDINE ZAHER 911996 911996

8 1040 5040 MAHEUX FRANK 11151996 181997

9 1109 1 5109 ASTLEY JAMES 1011994 1131997

10 1045 5045 MELHEM SAMIR 1211996 9211997

11 1028 5028 LABINE ANTHONY 10151980 11281997

12 1054 5054 ELmiddotNEMER NEMER 11131997 21271998

13 1113 5113 WEAGANT BROCK C 82211988 3131998

i

14 1039 5039 SOBH HAC HEM 11171997 5111998

15 1044 1 5044 MOUFARREJ RAYMOND 10241996 1161998

16 1042 5042 MCCONVILLE BILL 311992 11111998

17 1107 5107 GIANNAKOS LOUIS I 9111997 491999

18 1026 5026 VERMA LALIT 51261996 5311999

19 1033 5033 MITCHELL BRUCE 111987 9301999

i

20 1108 5108 PAPPAS CHRISTINE 121111991 1041999

rmiddot 1014 5014 NYTRA BEDRICH 961996 3302000

22 1000 5000 ABOUmiddotARRAG SAM I 611997 7132000

23 1038 5038 MUNROE JOHN 1111977 492001

24 1022 5022 RADULESCU GELU 611999 5232002

25 1139 5139 HASSOUN I MOUFID 71211999 8152002

26 1006 5006 SADER I GHASSAN 6211999 292004

27 1029 5029 CLAYTON GREG 911980 21132004

Collective Agreement ccCompany Page 57

bull

28 1034 5034 IBRAHIM 12301995 4302004

29 1037 5037 ABDALLA HASSAN I 3312000 2202006

30 1010 5010 HASSOUN AD NAN 8272001 312006

31 1031 MASSOUD 1241998 312006

32 1 1o35 5035 JANCO 911992 362006

1 33 1036 5036 SINGH BALWANT 92211999 3172006

Collective Agreement ltltCompanyraquo Page 58

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 43: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

SCHEDULE nan EXISTING CUSTOMS RIGHTS AND PRIVILEGES

1 There shall be no charge for the receipt cards

2 There shall be no charge for credit card vouchers subject to suppliers (third party) availability and conditions Should the Company pursue a course of action leading to Point of Sale terminals which usage will include Debit transactions Decremental Cards and Credit Cards there would be a charge for paper usage

3 The drivers shall choose their own working hours during their shift

4 Reasonable accommodation shall be given to payment of outstanding debts for accident(s) The following minimum payments are required

A) Up to $1 00000 - $ 1 000 per day

B) Over $100000- $2000 per day

Agreed to on the understanding that this does not apply to spare cars

Collective Agreement laquoCompanyraquo Page 41

SCHEDULE C RULES AND REGULATIONS

1 The following articles of clothing are not acceptable forms of attire at OJS

(a) Sweat pants and shorts except for dress shorts Dress shorts will be allowed from April to Labour Day Drivers caught wearing inappropriate shorts will be given one (1) warning and any future occurrence with regards to inappropriate shorts will cause them to lose the right to wear dress shorts for the duration of that season Shorts can be no shorter than three (3) inches above the knees

(b) T-shirts (except Union decaled T-shirt) without lapels tank tops and muscle s1middot1irts

NB Clothing andor other attire with obscenities profanities or sexually degrading remarks are not acceptable Hair must be clean and neat Faces must be clean-shaven or beards neatly trimmed Clothing must be tear and rip free with no visible patches and is to be cleaned and ironed as required Socks must be worn at all times with all types of footwear except for sandals

2 Drivers must be courteous and pleasant at all times and must conduct themselves in a professional business-like manner

3 There is to be no abusive foul language or gestures directed at customers or the general public

4 Consumption of alcohol or drugs will not be tolerated prior to the commencement of a shift andor while driving

5 There wiil be no arguing and fighting among drivers or other DJs personnel under any circumstances

6 No playing of cards or any other games of chance is allowed at any time when working This includes any form of gambling or betting on the air

7 Profanity or abusive language on the air or in your vehicle is prohibited at all times

8 Use of cell phone during the conveyance of a customer(s) is prohibited

9 Each taxicab and driver shall carry at all times a current street guide Drivers are to make proper use of this guide to avoid unnecessary air time

Collective Agreement ccCompanyraquo Page42

10 Deliveries are to be taken directly to the destination Running other fares while occupied on deliveries will not be permitted unless approved by the dispatcher

11 No messages between drivers are permitted Drivers will receive messages to call home spouse office union office partner or garage

In addition When an authorized Union rep asks the dispatcher to have a member of the bargaining unit call them for union business only this will be allowed and if necessary a phone number will be given

12 Picking up a fare while on the way to an accepted dispatch call will not be permitted

13 Drivers must allow 5 minutes wait at the customers pick-up address

14 Drivers shall take reasonable steps to ensure that they pickup only those fares that they are dispatched to Drivers must check with dispatcher for authorization before taking another fare from same address

15 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical breakdown emergency or any other reason(s) not herein listed the dispatcher shall reshydispatch the fare and suspend the driver for one (1) hour

16 Interference or jamming of the radio is a Federal offence and will not be tolerated

17 When necessary drivers must assist customers with handling of baggage and opening and closing of doors

18 No complaining to customers about short fares or time calls A list of regular short fares will be established and such fares shall be dispatched as Locals

19 At customers request music radio and other sound systems except for the twoshyway radio must be turned off

20 Driver must issue a receipt card upon request by customer Drivers signature must be clearly marked in the appropriate place on the receipt card There is no charge for the issuance of a receipt card

21 No new driver is to commence work until he has been briefed by OJS staff in the operating of our charge account system

22 Some of the guidelines in the operation of our charge account system are as follows

Collective Agreement laquoCompanyraquo Page43

(a) All charges are to be signed with car number (eg-DJ70) and date clearly written

(b) If the fare goes to more than one destination these other destinations are to be clearly marked on the reverse side of the chit

(c) Taxi chits to be signed by the customer and dollar value to be clearly marked

(d) Gift certificates which currently have a maximum value of $500 each are to be accepted at face value and change given as required

(e) Drivers must note on back of chit the drop offpick up address if it is different from address shown on face of chit

Drivers are prohibited from buying other drivers charges whether they be DJS drivers or other cab Companys charges Violation of this rule shall result in the following fines

1st offence -2d offence bull 3rd and subsequent offences-

$5000 per chit $10000 per chit $20000 per chit

plus the face value of each chitCredit Card in all cases

The parties agree that the above penalties are specific penalties within the meaning of the Ontario Labour Relations Act An Arbitrator shall not have the power to alter or modify any penalty imposed under this clause

(f) Drivers must accept all major credit cards approved by OJS Taxi

(g) Drivers are responsible for ensuring that all necessary information is clearly marked on charge vouchers as follows

bull Customers name and signature bull Card number (correct number of digits) bull Expiry date bull Drivers signature and car number (eg-DJ70) bull Ensure proper copies of charges are submitted to the Company for

processing bull No hand written major credit card sales drafts will be accepted

23 All cars are to be cleaned inside and out by 1000 am every day with due regard given to road and weather conditions

Collective Agreement Page44

24 All drivers must ensure that they have change for $2000 at all times and will not be removed from the sheet while getting change provided they are not called

25 No taxicab driver shall charge a passenger for

(a) The cost of proceeding to an establishment for change or

(b) Waiting time while a passenger obtains the change provided the bill presented for payment is of $2000 denomination or less

26 No vehicle to be left unattended with keys in the ignition

27 No person(s) unless authorized by the Company shall accompany the driver in the vehicle while heshe is occupied with a paying fare

28 Taxis must not be left unattended on a OJS taxi concession stand for more than ten (1 0) minutes

29 Only au~horized drivers with valid licenses can operate a taxi-licensed vehicle

30 Roof sign must be removed from vehicle when not on duty or involved in an accident

31 ALL DRIVERS ARE ADVISED THAT IT IS AGAINST THE LAW AND OJS TAXI COMPANY LIMITED POLICY TO REFUSE DOG GUIDES IN THEIR CABS REFUSAL WILL RESULT IN FINES AND DISCIPLINARY ACTION BY THE COMPANY

1st offence - 1 week suspension 2nd offence - 2 weeks suspension

3rd offence - Dismissal No longer working under the OJS roof sign

Accommodating Persons with Disabilities

The Management of OJS Taxi wishes to advise all its employees drivers and others operating under the OJS Taxi roof sign of the OJS Taxi policy with respect to blind passengers whether or not they use dog guides

Under the Blind Persons Rights Act of Ontario no person may either deny any person services customarily available to the public or discriminate against any person with respect to services available to the public for the reason that they are a blind person accompanied by a dog guide

Under the Ontario Human Rights Code every person has a right to equal treatment with respect to the supply of services which includes taxi services

Collective Agreement laquoCompanyraquo Page45

bull

without discrimination because of among other things a disability A disability includes any physical impairment such as being blind visually impaired deaf or hard of hearing

Guide Dogs and Taxi Services Many disabled persons are physically dependent on guide animals in their daily activities Canadians who are blind or visually impaired deaf or hard of hearing or who have other types of disabilities such as epilepsy are dependent on guide animals

Accommodation of these individuals necessitates that they be permitted to take their guide animals with them into taxi cabs Refusing to allow them to do so will infringe on their human rights and is against the Blind Persons Rights Act of Ontario and the Ontario Human Rights Code

This notice will simply repeat what should be apparent to you all that if a blind person with or without a dog guide is refused services by any OJS Taxi driver such actions will result in fines to the driver and other disciplinary action including the possibility of suspension by the Management of DJs Taxi Co Ltd

For more information regarding guide animals please review the attached pamphlet and information sheet published by Dog Guides Canada

Any inquiries concerning this policy should be directed to any member of the Management who will if it is required explain the policy to you

32 Drivers are not allowed in the dispatch office

33 All parking tickets will be paid by the rental driver responsible

34 In order to boost with Company owned taxicabs employees must request an obtain instruction from the garage manager or his designee on the proper method of boosting in order to reduce any risk of injury to the driver passenger and damage to the vehicle(s)

In the event of misuse employees at their discretion may be either disciplined in accordance with the principle of progressive discipline or have the option of reimbursing the Company for the cost of damaged parts

35 Any driver operating a taxi while his drivers license or taxi license is under suspension will be disciplined unless the driver can obtain written proof from the Ontario Ministry of Transport andor the appropriate taxi licensing authority that the driver did not receive evidence that hisher license was suspended or cancelled

36 When necessary or requested all elderly andor disabled customers are to be assisted in and out of taxicab at all times

Collective Agreement laquoCompanyraquo Page 46

37 No stealing fares

38 Drivers are not allowed to book no loads and run the fare

39 Drivers cannot refuse dispatched fares subject to article 1304 andor where the driver believes his safety or health is at risk

40 Failure to come to voice after two (2) requests by the Dispatch Supervisor will result in the Driver being suspended in the computer

41 Dispatch staff will not make phone calls for drivers unless it is an emergency situation

42 There shall be no personalization of any fares or trips placed through the Dispatch System of OJS Taxi except for returns east of but not including the Civic Hospital within the same twenty-four (24) hour period Where a return-call has been prearranged through the Dispatch System prior to the initial call being dispatched then the return-call cannot be personalized

43 Drivers will pay monies owed to the company by 400pm on the day that they are due No driver with an outstanding balance will be allowed to book on the sheet until their account is paid in full to the business office This means credited to their account and a receipt issued

44 Dispatchers shall give the line-up every thirty- (30) minutes except for the months of December January and February On implementation of the Computerized Dispatch this clause will be eliminated

45 All deliveries shall be given out as regular calls except where provided in this agreement and all employees shall have the option to refuse to deliver alcohol When a dispatcher requests a driver to call him for information concerning a delivery the dispatcher will first give the delivery address over the radio to ensure the delivery is being dispatched correctly

46 When drivers book out of their cars to attend scheduled complaint meeting appointments they shall be allowed to remain in their spot on the line up queue passed by for fares and treated by the dispatch as if they are no longer on the sheet

When the affected driver returns to his car and books back in he shall be returned to his position in the line up queue and given his next rightful fare

The maximum time a driver shall be allowed to book out for a complaint meeting is one half-hour

Collective Agreement laquoCompanyraquo Page 47

This rule shall only apply if the affected driver does not incur any discipline as a result of the complaint meeting

47 All cabs at DJS Taxi must have a mike clip and the clip must be used Drivers must pick up their mike when communicating

48 Drivers using vans as taxicabs must have and make use of (when requested or required) a portable step to assist passengers in and out of their vehicles

49 All taxicabs must be free of any body damage and any damage must be repaired within ninety- (90) days

50 Roof signs must be kept in good working order and condition with Company approved logo clearly visible front and rear

51 In order to ensure equipment is compatible with computer dispatch system all new radio equipment must be approved by the Company prior to installation

Collective Agreement laquoCompanyraquo Page48

SCHEDULE D CREDIT CARD POLICY amp PROCEDURES

DRIVERS MUST ACCEPT ALL COMPANY APPROVED CHARGES CREDIT AND DEBIT CARDS

DRIVERS MUST HAVE A POINT OF SALE UNIT AND A MANUAL PRINTER PER CURRENT BYLAW CITY OF OTTAWA

Due to the increased use of fraudulent Credit Cards by customers in taxicabs the following procedures have been developed to protect drivers from falling victim to Credit card fraud When accepting Credit cards the following rules must be followed

Credit and Debit Cards- the following rules must be followed

AUTHORIZATION OF ALL DEBIT AND CREDIT CARDS

All Credit Card slips must be authorized regardless of amount Verification is generally done after the fare is completed but verification of an estimated or known amount can be done prior to the completion of the trip if

bull The destination is beyond the radio coverage area bull The driver has reason(s) to suspect the validity of the card

INFORMATION REQUIRED FOR ACCEPTANCE OF DEBIT ANDOR CREDIT CARD SLIP FOR PAYMENT The completed Credit Card slip must contain all the following information

(a) Vehicle Number (pre-printed on POS slip if not to be written by hand at the bottom of the slip)

(b) Drivers ID Number and Initials (c) Amount of fare and gratuity (if applicable) (d) Authorization number (Pre-printed on POS slip) (e) Date of the fare (Pre-printed on POS slip) (f) The Debit or Credit Card must be swiped at all times (in the event that the

receipt does not print imprinting Credit Card only on manual imprinter is acceptable with customers signature but the imprint of the card number has to be clear) In the case of a swiped transaction part of the card number will display per Credit and Debit Card industry rules

(g) Customers signature clearly written (Credit Card only) marked TRANSACTION COPY We will accept the CUSTOMER COPY as long as it has the customers signature Debit POS slips are to be submitted marked TRANSACTION COPY NO SIGNATURE IS REQUIRED

Collective Agreement laquoCompanyraquo Page49

DISPUTES BY A CUSTOMER

Should a debit or credit card slip be disputed by the customer their bank or other financial institution the company will investigate If such investigation proves fraud or error by the driver the driver will be charged back for the full amount of the charge

If the disputed transaction was processed on a non-company unit a $500 plus HST charge plus the value of the charge will be debited to the drivers account The Company will refund the customer for the value of the charge

Should a customer andor driver report that the charge has been approved more than once the Company will investigate The Company does not allow any refunds in the taxicab Drivers can void a transaction but this must be done before Batch Closing the transaction A Void can only be done in the presence of the customer as the card (debit or credit) must be present The driver can then re-swipe the card for the correct amount The Company publishes a toll free number for customers or drivers to call with any concerns about a transaction If a customer has been charged more than once for the incorrect amount the following procedures apply

Credit Card

The Company will verify that the customer was charged multiple times or has been over-charged and issue a refund as necessary The Company will send a copy to the customer upon request All refunds are processed on a Point of Sale unit or Virtual Merchant (on-line) The Company may contact the driver to determine the validity of the customers details

Debit Card

The Company will verify that the customer was charged multiple times or has been overcharged and issue a cheque refund as necessary The Company keeps a copy of the cheque issued

GENERAL INFORMATIONGUIDELINES

1 If the driver has overcharged the customer and has been paid the incorrect amount the Company will adjust the drivers account and provide a receipt The Company maintains a log in the even there is a dispute by the driver or the customer If the driver reports the overcharge that is logged on a Customer Incident Form which has a Control Number

2 Hand written Credit Cards will not be accepted All Credit Cards must be passed through a manual imprinter which clearly shows the full credit card number If the credit card number is not clear and cannot be authorized

Collective Agreement laquoCompany Page 50

the driver will face debitchargeback of the amount as it cannot be authorized

3 The only Credit Cards accepted by Taxitab a division of Coventry Connections Inc are

i Visa ii Mastercard iii American Express

Note Visa Mastercard and American Express all issue prepaid credit cards these are all accepted

4 Taxitab a Division of Coventry Connections accepts Debit Cards for Canadian Financial Institutions Debit Cards for foreign banks may not

work on the unit Visa Mastercard have commenced issuing Debit Cards these are all accepted These cards are clearly marked on the face of the card with the Visa and Mastercard logos

5 The following items are to be checkedverified by the driver upon presentation of a Credit Car (a to d) Debit Card (d only)

CHECK LIST

(a) Expiry Date Ensure the card is valid Check to be sure that the Card is not being used beyond the expiry date printed on the card If the card is expired refuse to accept it

(b) Altered Cards Check to see if the card has been noticeably altered in any way If it has been refuse to accept it

(c) Card holders name and signature Check that the signature on the Credit Card slip is the same name printed on the card At the same time check that the signature is the same as the signature on the rear of the card If there is no signature on the rear of the card ask the customer to sign it as you are required to check this

If in doubt ask to see some other form of identification (preferably one with a picture and signature) that ensures that the person using the card is who they say they are

(d) Amount of fare and gratuity (if applicable) The amount of the Debit or Credit card slip must be equal to the amount of the fare and the gratuity (where applicable) Each amount should be entered in their respective places and only by the customer unless otherwise directed In the case of a Debit Card customer must always enter their PIN number to

Collective Agreement ltbullCompany Page 51

authorize the card Drivers must remind customer that the TIP field comes first followed by the PIN number

(e) $150 Surcharge

Debit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated by the City of Ottawa By-Law The $150 charge is prompted by the point of sale unit automatically The Driver receives 65cent of the $150 for every transaction

Credit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated in the City of Ottawa By-Law The $150 charge is NOT prompted by the point of sale unit automatically The driver adds the $150 to the metered amount and enters this total in the base amount field

6 CAUTIONS

7

(a)

(b)

(c)

Bank Card only have the Bank name on the card

Credit Cards are identified by the VISA MASTERCARD AMERICAN EXPRESS OR DINERS CLUB-ENROUTE symbols Only Cards with these symbols will be accepted

Credit Cards will have a holographic image on the face of the card

CASH ADVANCES

The use of Credit Cards for cash advances in the taxicab is not permitted Credit Cards must only be used in the taxicab for paying for an actual fare Anyone using a Credit Card in a taxicab to obtain cash advance is most likely using a stolen or fraudulent card

8 OUT OF TOWN FARES

For the drivers protection it is suggested that for fares going out of town and the customer wishes to pay by Credit Card it is recommended that the driver authorize the fare at the beginning of the trip (dispatcher can give an estimated amount) If there is a difference process the difference at the end of the trip There is a pre-authorization feature available for Credit Card only on the Point of Sale unit The Company can activate this on driver request but the driver must be

Collective Agreement ccCompany)) Page 52

bull

9

given correct training for this There are several steps involved with pre-authorization that must be followed before batch closing

BATCH CLOSING

Drivers must close transaction in the terminals at the end of their shift Credit Card authorizations only remain in the terminal for five (5) days after that the processor closes them automatically Drivers must batch close all credit cards no later than four (4) days in order for the items to appear on the batch close report

Batch Close reports will print separately for Debit and Credit Cards and list the details of the transactions in the terminals showing the card type and the last four (4) digits of the card involved This Batch close cannot be reprinted drivers must hold on to them Attach the slips to the Batch Close and bring to the cashier The cashier will verify the attached slips are on the batch close and proceed to pay or credit the driver assuming all slips are authorized and complete (as discussed above under (1) Authorization Procedures)

The following circumstances regarding Batch Closes will apply

(i) Batch Close with All Debit and Signed Credit Card slips- Driver will be paid or credited at time of presentation at a cashiering station

(ii) Batch Close- No Debit Slips if the batch close shows a Debit Slip and the driver has misplaced or lost the slip the Driver will be paid or credited at the time of presentation at a cashiering station

(iii) Batch Close No Credit Card Slip- No Slip No Payment at time of cashiering (driver is to go to Driver Admin in this instance) If the driver has a signed manual slip and the last 4 numbers of the card match those on the batch close the slip will be accepted by the cashier

NO BATCH CLOSE REPORT -If a Driver has lost or misplaced Batch Close report the Driver is to go straight to Driver Admin (not cashiering) The Driver is to bring the receipts (if there is a credit card slip with no signature there is a separate procedure for this below) he has for which he has not batch close Driver Admin will initiate a Batch Close Incident Report which has a Control Number for future reference The Procedure is as follows

(i) Driver Admin to Photocopy all Slips and write the Control from the Batch Close Incident Form on the photocopy and date the sheet The

Collective Agreement ccCompanyraquo Page 53

bull

bull

Driver is to keep this in the event of a dispute or apparent nonshypayment in account

(ii) Driver Admin will complete the top copy of the report attach a copy of the slips The Driver will complete the bottom part of the report and sign it

(iii) Management will need 72 hours (three business days) from the date of Incident Report to investigate the transaction has been settled in the POS unit

(iv) Providing Management confirms the transaction is complete the slips will be credited to the Drivers account and a receipt will be printed A copy of the receipt is attached to the Batch Close Incident Report The Control from the Form is entered when the the amount is credited for reference A receipt can be printed at that time by cashier

(v) In the event that a driver does not have a Batch Close and presents a credit card slip with no signature the following will apply

(vi) If the Driver experiences a problem with the Batch Close or operation of the unit the Driver is to bring the unit to the office during normal hours Management will investigate the issue and call Driver to reshyissue the unit completing paperwork for the replacement unit which the driver will sign

Any driver attempting to defraud a customer by processing a debit or credit slip more than once will be terminated

Collective Agreement laquoCompany)) Page 54

bull

bull

SCHEDULE E STOLEN FARE POLICY

Whenever the Dispatch Supervisor receives a complaint that a fare either dispatched to the complainant or from within the same block of taxi standconcession on which the complainant is parked has been stolen and the identification of the accused is made known the Supervisor shall

(a) Bring the accused to voice and notify himher of the allegations

(b) Inform the complainant that a deposit of forty dollars ($4000) must accompany his accusation and to be deposited within one (1) hour of the complaint Where applicable inform the complainant that the accused wishes to challenge the allegations and the date and time of the hearing shall be known to both parties

(c) A failure of either party to attend the hearing will result in an additional fine of forty dollars ($4000) to be paid within sixty (60) minutes of the conclusion of the hearing or a suspension ob the absent party until payment is received

(d) Inform the accused of the available options

(i) Arrange for repayment of the fare in its entirety to a minimum of forty dollars ($4000) to the complainant a Union representative or the Company on behalf of the complainant within sixty (60) minutes or

(ii) If the allegation is being denied and the accused wishes to refute it forty dollars ($4000) must be deposited at the dispatch office within sixty (60) minutes with a notification to the Dispatch Supervisor that the allegation is being challenged

Where the accused fails to respond to two (2) voice messages or refuses to comply with (c) the accused shall have dispatch services suspended until in compliance or the Company receives instructions from a Union Representative to do otherwise

The penalty for a wrongful accusation is the payment of forty dollars ($4000) to the accused by the accuser in addition to the return of the accuseds deposited payment

It is understood and agreed that the action(s) of the Dispatch Supervisor(s) in the compliance of this Policy is not to be construed as a determination of who is the guilty party In all disputes regarding stolen fares the Committee shall make the final determination with respect to guilt

Collective Agreement laquoCompany Page 55

bull

bull

Note Such fare(s) will not be considered as Stolen Fare(s) if picked up by driver(s) arriving on the Concession(s)Taxi Stand(s) prior the driver(s) who accepted the dispatched fare(s)

Collective Agreement ((Company Page 56

bull bull

APPENDIX 1

PLATE CAR LESSEE IND START LESSEE START

1 1027 5027 ADAM GRANT 1 91111986 111987

2 1015 5015 TIMS VAUGHN 411995 411995

3 1043 5043 MARTON FERENC G 10251995 10251995

4 1050 5050 DUBOIS JOHN 12111994 311996

5 1048 5048 SUNIL JOSHI 1111994 711996

6 1030 5030 SLIM MOHAMED 711996 7111996

7 1041 5041 JAMALEDDINE ZAHER 911996 911996

8 1040 5040 MAHEUX FRANK 11151996 181997

9 1109 1 5109 ASTLEY JAMES 1011994 1131997

10 1045 5045 MELHEM SAMIR 1211996 9211997

11 1028 5028 LABINE ANTHONY 10151980 11281997

12 1054 5054 ELmiddotNEMER NEMER 11131997 21271998

13 1113 5113 WEAGANT BROCK C 82211988 3131998

i

14 1039 5039 SOBH HAC HEM 11171997 5111998

15 1044 1 5044 MOUFARREJ RAYMOND 10241996 1161998

16 1042 5042 MCCONVILLE BILL 311992 11111998

17 1107 5107 GIANNAKOS LOUIS I 9111997 491999

18 1026 5026 VERMA LALIT 51261996 5311999

19 1033 5033 MITCHELL BRUCE 111987 9301999

i

20 1108 5108 PAPPAS CHRISTINE 121111991 1041999

rmiddot 1014 5014 NYTRA BEDRICH 961996 3302000

22 1000 5000 ABOUmiddotARRAG SAM I 611997 7132000

23 1038 5038 MUNROE JOHN 1111977 492001

24 1022 5022 RADULESCU GELU 611999 5232002

25 1139 5139 HASSOUN I MOUFID 71211999 8152002

26 1006 5006 SADER I GHASSAN 6211999 292004

27 1029 5029 CLAYTON GREG 911980 21132004

Collective Agreement ccCompany Page 57

bull

28 1034 5034 IBRAHIM 12301995 4302004

29 1037 5037 ABDALLA HASSAN I 3312000 2202006

30 1010 5010 HASSOUN AD NAN 8272001 312006

31 1031 MASSOUD 1241998 312006

32 1 1o35 5035 JANCO 911992 362006

1 33 1036 5036 SINGH BALWANT 92211999 3172006

Collective Agreement ltltCompanyraquo Page 58

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 44: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

SCHEDULE C RULES AND REGULATIONS

1 The following articles of clothing are not acceptable forms of attire at OJS

(a) Sweat pants and shorts except for dress shorts Dress shorts will be allowed from April to Labour Day Drivers caught wearing inappropriate shorts will be given one (1) warning and any future occurrence with regards to inappropriate shorts will cause them to lose the right to wear dress shorts for the duration of that season Shorts can be no shorter than three (3) inches above the knees

(b) T-shirts (except Union decaled T-shirt) without lapels tank tops and muscle s1middot1irts

NB Clothing andor other attire with obscenities profanities or sexually degrading remarks are not acceptable Hair must be clean and neat Faces must be clean-shaven or beards neatly trimmed Clothing must be tear and rip free with no visible patches and is to be cleaned and ironed as required Socks must be worn at all times with all types of footwear except for sandals

2 Drivers must be courteous and pleasant at all times and must conduct themselves in a professional business-like manner

3 There is to be no abusive foul language or gestures directed at customers or the general public

4 Consumption of alcohol or drugs will not be tolerated prior to the commencement of a shift andor while driving

5 There wiil be no arguing and fighting among drivers or other DJs personnel under any circumstances

6 No playing of cards or any other games of chance is allowed at any time when working This includes any form of gambling or betting on the air

7 Profanity or abusive language on the air or in your vehicle is prohibited at all times

8 Use of cell phone during the conveyance of a customer(s) is prohibited

9 Each taxicab and driver shall carry at all times a current street guide Drivers are to make proper use of this guide to avoid unnecessary air time

Collective Agreement ccCompanyraquo Page42

10 Deliveries are to be taken directly to the destination Running other fares while occupied on deliveries will not be permitted unless approved by the dispatcher

11 No messages between drivers are permitted Drivers will receive messages to call home spouse office union office partner or garage

In addition When an authorized Union rep asks the dispatcher to have a member of the bargaining unit call them for union business only this will be allowed and if necessary a phone number will be given

12 Picking up a fare while on the way to an accepted dispatch call will not be permitted

13 Drivers must allow 5 minutes wait at the customers pick-up address

14 Drivers shall take reasonable steps to ensure that they pickup only those fares that they are dispatched to Drivers must check with dispatcher for authorization before taking another fare from same address

15 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical breakdown emergency or any other reason(s) not herein listed the dispatcher shall reshydispatch the fare and suspend the driver for one (1) hour

16 Interference or jamming of the radio is a Federal offence and will not be tolerated

17 When necessary drivers must assist customers with handling of baggage and opening and closing of doors

18 No complaining to customers about short fares or time calls A list of regular short fares will be established and such fares shall be dispatched as Locals

19 At customers request music radio and other sound systems except for the twoshyway radio must be turned off

20 Driver must issue a receipt card upon request by customer Drivers signature must be clearly marked in the appropriate place on the receipt card There is no charge for the issuance of a receipt card

21 No new driver is to commence work until he has been briefed by OJS staff in the operating of our charge account system

22 Some of the guidelines in the operation of our charge account system are as follows

Collective Agreement laquoCompanyraquo Page43

(a) All charges are to be signed with car number (eg-DJ70) and date clearly written

(b) If the fare goes to more than one destination these other destinations are to be clearly marked on the reverse side of the chit

(c) Taxi chits to be signed by the customer and dollar value to be clearly marked

(d) Gift certificates which currently have a maximum value of $500 each are to be accepted at face value and change given as required

(e) Drivers must note on back of chit the drop offpick up address if it is different from address shown on face of chit

Drivers are prohibited from buying other drivers charges whether they be DJS drivers or other cab Companys charges Violation of this rule shall result in the following fines

1st offence -2d offence bull 3rd and subsequent offences-

$5000 per chit $10000 per chit $20000 per chit

plus the face value of each chitCredit Card in all cases

The parties agree that the above penalties are specific penalties within the meaning of the Ontario Labour Relations Act An Arbitrator shall not have the power to alter or modify any penalty imposed under this clause

(f) Drivers must accept all major credit cards approved by OJS Taxi

(g) Drivers are responsible for ensuring that all necessary information is clearly marked on charge vouchers as follows

bull Customers name and signature bull Card number (correct number of digits) bull Expiry date bull Drivers signature and car number (eg-DJ70) bull Ensure proper copies of charges are submitted to the Company for

processing bull No hand written major credit card sales drafts will be accepted

23 All cars are to be cleaned inside and out by 1000 am every day with due regard given to road and weather conditions

Collective Agreement Page44

24 All drivers must ensure that they have change for $2000 at all times and will not be removed from the sheet while getting change provided they are not called

25 No taxicab driver shall charge a passenger for

(a) The cost of proceeding to an establishment for change or

(b) Waiting time while a passenger obtains the change provided the bill presented for payment is of $2000 denomination or less

26 No vehicle to be left unattended with keys in the ignition

27 No person(s) unless authorized by the Company shall accompany the driver in the vehicle while heshe is occupied with a paying fare

28 Taxis must not be left unattended on a OJS taxi concession stand for more than ten (1 0) minutes

29 Only au~horized drivers with valid licenses can operate a taxi-licensed vehicle

30 Roof sign must be removed from vehicle when not on duty or involved in an accident

31 ALL DRIVERS ARE ADVISED THAT IT IS AGAINST THE LAW AND OJS TAXI COMPANY LIMITED POLICY TO REFUSE DOG GUIDES IN THEIR CABS REFUSAL WILL RESULT IN FINES AND DISCIPLINARY ACTION BY THE COMPANY

1st offence - 1 week suspension 2nd offence - 2 weeks suspension

3rd offence - Dismissal No longer working under the OJS roof sign

Accommodating Persons with Disabilities

The Management of OJS Taxi wishes to advise all its employees drivers and others operating under the OJS Taxi roof sign of the OJS Taxi policy with respect to blind passengers whether or not they use dog guides

Under the Blind Persons Rights Act of Ontario no person may either deny any person services customarily available to the public or discriminate against any person with respect to services available to the public for the reason that they are a blind person accompanied by a dog guide

Under the Ontario Human Rights Code every person has a right to equal treatment with respect to the supply of services which includes taxi services

Collective Agreement laquoCompanyraquo Page45

bull

without discrimination because of among other things a disability A disability includes any physical impairment such as being blind visually impaired deaf or hard of hearing

Guide Dogs and Taxi Services Many disabled persons are physically dependent on guide animals in their daily activities Canadians who are blind or visually impaired deaf or hard of hearing or who have other types of disabilities such as epilepsy are dependent on guide animals

Accommodation of these individuals necessitates that they be permitted to take their guide animals with them into taxi cabs Refusing to allow them to do so will infringe on their human rights and is against the Blind Persons Rights Act of Ontario and the Ontario Human Rights Code

This notice will simply repeat what should be apparent to you all that if a blind person with or without a dog guide is refused services by any OJS Taxi driver such actions will result in fines to the driver and other disciplinary action including the possibility of suspension by the Management of DJs Taxi Co Ltd

For more information regarding guide animals please review the attached pamphlet and information sheet published by Dog Guides Canada

Any inquiries concerning this policy should be directed to any member of the Management who will if it is required explain the policy to you

32 Drivers are not allowed in the dispatch office

33 All parking tickets will be paid by the rental driver responsible

34 In order to boost with Company owned taxicabs employees must request an obtain instruction from the garage manager or his designee on the proper method of boosting in order to reduce any risk of injury to the driver passenger and damage to the vehicle(s)

In the event of misuse employees at their discretion may be either disciplined in accordance with the principle of progressive discipline or have the option of reimbursing the Company for the cost of damaged parts

35 Any driver operating a taxi while his drivers license or taxi license is under suspension will be disciplined unless the driver can obtain written proof from the Ontario Ministry of Transport andor the appropriate taxi licensing authority that the driver did not receive evidence that hisher license was suspended or cancelled

36 When necessary or requested all elderly andor disabled customers are to be assisted in and out of taxicab at all times

Collective Agreement laquoCompanyraquo Page 46

37 No stealing fares

38 Drivers are not allowed to book no loads and run the fare

39 Drivers cannot refuse dispatched fares subject to article 1304 andor where the driver believes his safety or health is at risk

40 Failure to come to voice after two (2) requests by the Dispatch Supervisor will result in the Driver being suspended in the computer

41 Dispatch staff will not make phone calls for drivers unless it is an emergency situation

42 There shall be no personalization of any fares or trips placed through the Dispatch System of OJS Taxi except for returns east of but not including the Civic Hospital within the same twenty-four (24) hour period Where a return-call has been prearranged through the Dispatch System prior to the initial call being dispatched then the return-call cannot be personalized

43 Drivers will pay monies owed to the company by 400pm on the day that they are due No driver with an outstanding balance will be allowed to book on the sheet until their account is paid in full to the business office This means credited to their account and a receipt issued

44 Dispatchers shall give the line-up every thirty- (30) minutes except for the months of December January and February On implementation of the Computerized Dispatch this clause will be eliminated

45 All deliveries shall be given out as regular calls except where provided in this agreement and all employees shall have the option to refuse to deliver alcohol When a dispatcher requests a driver to call him for information concerning a delivery the dispatcher will first give the delivery address over the radio to ensure the delivery is being dispatched correctly

46 When drivers book out of their cars to attend scheduled complaint meeting appointments they shall be allowed to remain in their spot on the line up queue passed by for fares and treated by the dispatch as if they are no longer on the sheet

When the affected driver returns to his car and books back in he shall be returned to his position in the line up queue and given his next rightful fare

The maximum time a driver shall be allowed to book out for a complaint meeting is one half-hour

Collective Agreement laquoCompanyraquo Page 47

This rule shall only apply if the affected driver does not incur any discipline as a result of the complaint meeting

47 All cabs at DJS Taxi must have a mike clip and the clip must be used Drivers must pick up their mike when communicating

48 Drivers using vans as taxicabs must have and make use of (when requested or required) a portable step to assist passengers in and out of their vehicles

49 All taxicabs must be free of any body damage and any damage must be repaired within ninety- (90) days

50 Roof signs must be kept in good working order and condition with Company approved logo clearly visible front and rear

51 In order to ensure equipment is compatible with computer dispatch system all new radio equipment must be approved by the Company prior to installation

Collective Agreement laquoCompanyraquo Page48

SCHEDULE D CREDIT CARD POLICY amp PROCEDURES

DRIVERS MUST ACCEPT ALL COMPANY APPROVED CHARGES CREDIT AND DEBIT CARDS

DRIVERS MUST HAVE A POINT OF SALE UNIT AND A MANUAL PRINTER PER CURRENT BYLAW CITY OF OTTAWA

Due to the increased use of fraudulent Credit Cards by customers in taxicabs the following procedures have been developed to protect drivers from falling victim to Credit card fraud When accepting Credit cards the following rules must be followed

Credit and Debit Cards- the following rules must be followed

AUTHORIZATION OF ALL DEBIT AND CREDIT CARDS

All Credit Card slips must be authorized regardless of amount Verification is generally done after the fare is completed but verification of an estimated or known amount can be done prior to the completion of the trip if

bull The destination is beyond the radio coverage area bull The driver has reason(s) to suspect the validity of the card

INFORMATION REQUIRED FOR ACCEPTANCE OF DEBIT ANDOR CREDIT CARD SLIP FOR PAYMENT The completed Credit Card slip must contain all the following information

(a) Vehicle Number (pre-printed on POS slip if not to be written by hand at the bottom of the slip)

(b) Drivers ID Number and Initials (c) Amount of fare and gratuity (if applicable) (d) Authorization number (Pre-printed on POS slip) (e) Date of the fare (Pre-printed on POS slip) (f) The Debit or Credit Card must be swiped at all times (in the event that the

receipt does not print imprinting Credit Card only on manual imprinter is acceptable with customers signature but the imprint of the card number has to be clear) In the case of a swiped transaction part of the card number will display per Credit and Debit Card industry rules

(g) Customers signature clearly written (Credit Card only) marked TRANSACTION COPY We will accept the CUSTOMER COPY as long as it has the customers signature Debit POS slips are to be submitted marked TRANSACTION COPY NO SIGNATURE IS REQUIRED

Collective Agreement laquoCompanyraquo Page49

DISPUTES BY A CUSTOMER

Should a debit or credit card slip be disputed by the customer their bank or other financial institution the company will investigate If such investigation proves fraud or error by the driver the driver will be charged back for the full amount of the charge

If the disputed transaction was processed on a non-company unit a $500 plus HST charge plus the value of the charge will be debited to the drivers account The Company will refund the customer for the value of the charge

Should a customer andor driver report that the charge has been approved more than once the Company will investigate The Company does not allow any refunds in the taxicab Drivers can void a transaction but this must be done before Batch Closing the transaction A Void can only be done in the presence of the customer as the card (debit or credit) must be present The driver can then re-swipe the card for the correct amount The Company publishes a toll free number for customers or drivers to call with any concerns about a transaction If a customer has been charged more than once for the incorrect amount the following procedures apply

Credit Card

The Company will verify that the customer was charged multiple times or has been over-charged and issue a refund as necessary The Company will send a copy to the customer upon request All refunds are processed on a Point of Sale unit or Virtual Merchant (on-line) The Company may contact the driver to determine the validity of the customers details

Debit Card

The Company will verify that the customer was charged multiple times or has been overcharged and issue a cheque refund as necessary The Company keeps a copy of the cheque issued

GENERAL INFORMATIONGUIDELINES

1 If the driver has overcharged the customer and has been paid the incorrect amount the Company will adjust the drivers account and provide a receipt The Company maintains a log in the even there is a dispute by the driver or the customer If the driver reports the overcharge that is logged on a Customer Incident Form which has a Control Number

2 Hand written Credit Cards will not be accepted All Credit Cards must be passed through a manual imprinter which clearly shows the full credit card number If the credit card number is not clear and cannot be authorized

Collective Agreement laquoCompany Page 50

the driver will face debitchargeback of the amount as it cannot be authorized

3 The only Credit Cards accepted by Taxitab a division of Coventry Connections Inc are

i Visa ii Mastercard iii American Express

Note Visa Mastercard and American Express all issue prepaid credit cards these are all accepted

4 Taxitab a Division of Coventry Connections accepts Debit Cards for Canadian Financial Institutions Debit Cards for foreign banks may not

work on the unit Visa Mastercard have commenced issuing Debit Cards these are all accepted These cards are clearly marked on the face of the card with the Visa and Mastercard logos

5 The following items are to be checkedverified by the driver upon presentation of a Credit Car (a to d) Debit Card (d only)

CHECK LIST

(a) Expiry Date Ensure the card is valid Check to be sure that the Card is not being used beyond the expiry date printed on the card If the card is expired refuse to accept it

(b) Altered Cards Check to see if the card has been noticeably altered in any way If it has been refuse to accept it

(c) Card holders name and signature Check that the signature on the Credit Card slip is the same name printed on the card At the same time check that the signature is the same as the signature on the rear of the card If there is no signature on the rear of the card ask the customer to sign it as you are required to check this

If in doubt ask to see some other form of identification (preferably one with a picture and signature) that ensures that the person using the card is who they say they are

(d) Amount of fare and gratuity (if applicable) The amount of the Debit or Credit card slip must be equal to the amount of the fare and the gratuity (where applicable) Each amount should be entered in their respective places and only by the customer unless otherwise directed In the case of a Debit Card customer must always enter their PIN number to

Collective Agreement ltbullCompany Page 51

authorize the card Drivers must remind customer that the TIP field comes first followed by the PIN number

(e) $150 Surcharge

Debit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated by the City of Ottawa By-Law The $150 charge is prompted by the point of sale unit automatically The Driver receives 65cent of the $150 for every transaction

Credit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated in the City of Ottawa By-Law The $150 charge is NOT prompted by the point of sale unit automatically The driver adds the $150 to the metered amount and enters this total in the base amount field

6 CAUTIONS

7

(a)

(b)

(c)

Bank Card only have the Bank name on the card

Credit Cards are identified by the VISA MASTERCARD AMERICAN EXPRESS OR DINERS CLUB-ENROUTE symbols Only Cards with these symbols will be accepted

Credit Cards will have a holographic image on the face of the card

CASH ADVANCES

The use of Credit Cards for cash advances in the taxicab is not permitted Credit Cards must only be used in the taxicab for paying for an actual fare Anyone using a Credit Card in a taxicab to obtain cash advance is most likely using a stolen or fraudulent card

8 OUT OF TOWN FARES

For the drivers protection it is suggested that for fares going out of town and the customer wishes to pay by Credit Card it is recommended that the driver authorize the fare at the beginning of the trip (dispatcher can give an estimated amount) If there is a difference process the difference at the end of the trip There is a pre-authorization feature available for Credit Card only on the Point of Sale unit The Company can activate this on driver request but the driver must be

Collective Agreement ccCompany)) Page 52

bull

9

given correct training for this There are several steps involved with pre-authorization that must be followed before batch closing

BATCH CLOSING

Drivers must close transaction in the terminals at the end of their shift Credit Card authorizations only remain in the terminal for five (5) days after that the processor closes them automatically Drivers must batch close all credit cards no later than four (4) days in order for the items to appear on the batch close report

Batch Close reports will print separately for Debit and Credit Cards and list the details of the transactions in the terminals showing the card type and the last four (4) digits of the card involved This Batch close cannot be reprinted drivers must hold on to them Attach the slips to the Batch Close and bring to the cashier The cashier will verify the attached slips are on the batch close and proceed to pay or credit the driver assuming all slips are authorized and complete (as discussed above under (1) Authorization Procedures)

The following circumstances regarding Batch Closes will apply

(i) Batch Close with All Debit and Signed Credit Card slips- Driver will be paid or credited at time of presentation at a cashiering station

(ii) Batch Close- No Debit Slips if the batch close shows a Debit Slip and the driver has misplaced or lost the slip the Driver will be paid or credited at the time of presentation at a cashiering station

(iii) Batch Close No Credit Card Slip- No Slip No Payment at time of cashiering (driver is to go to Driver Admin in this instance) If the driver has a signed manual slip and the last 4 numbers of the card match those on the batch close the slip will be accepted by the cashier

NO BATCH CLOSE REPORT -If a Driver has lost or misplaced Batch Close report the Driver is to go straight to Driver Admin (not cashiering) The Driver is to bring the receipts (if there is a credit card slip with no signature there is a separate procedure for this below) he has for which he has not batch close Driver Admin will initiate a Batch Close Incident Report which has a Control Number for future reference The Procedure is as follows

(i) Driver Admin to Photocopy all Slips and write the Control from the Batch Close Incident Form on the photocopy and date the sheet The

Collective Agreement ccCompanyraquo Page 53

bull

bull

Driver is to keep this in the event of a dispute or apparent nonshypayment in account

(ii) Driver Admin will complete the top copy of the report attach a copy of the slips The Driver will complete the bottom part of the report and sign it

(iii) Management will need 72 hours (three business days) from the date of Incident Report to investigate the transaction has been settled in the POS unit

(iv) Providing Management confirms the transaction is complete the slips will be credited to the Drivers account and a receipt will be printed A copy of the receipt is attached to the Batch Close Incident Report The Control from the Form is entered when the the amount is credited for reference A receipt can be printed at that time by cashier

(v) In the event that a driver does not have a Batch Close and presents a credit card slip with no signature the following will apply

(vi) If the Driver experiences a problem with the Batch Close or operation of the unit the Driver is to bring the unit to the office during normal hours Management will investigate the issue and call Driver to reshyissue the unit completing paperwork for the replacement unit which the driver will sign

Any driver attempting to defraud a customer by processing a debit or credit slip more than once will be terminated

Collective Agreement laquoCompany)) Page 54

bull

bull

SCHEDULE E STOLEN FARE POLICY

Whenever the Dispatch Supervisor receives a complaint that a fare either dispatched to the complainant or from within the same block of taxi standconcession on which the complainant is parked has been stolen and the identification of the accused is made known the Supervisor shall

(a) Bring the accused to voice and notify himher of the allegations

(b) Inform the complainant that a deposit of forty dollars ($4000) must accompany his accusation and to be deposited within one (1) hour of the complaint Where applicable inform the complainant that the accused wishes to challenge the allegations and the date and time of the hearing shall be known to both parties

(c) A failure of either party to attend the hearing will result in an additional fine of forty dollars ($4000) to be paid within sixty (60) minutes of the conclusion of the hearing or a suspension ob the absent party until payment is received

(d) Inform the accused of the available options

(i) Arrange for repayment of the fare in its entirety to a minimum of forty dollars ($4000) to the complainant a Union representative or the Company on behalf of the complainant within sixty (60) minutes or

(ii) If the allegation is being denied and the accused wishes to refute it forty dollars ($4000) must be deposited at the dispatch office within sixty (60) minutes with a notification to the Dispatch Supervisor that the allegation is being challenged

Where the accused fails to respond to two (2) voice messages or refuses to comply with (c) the accused shall have dispatch services suspended until in compliance or the Company receives instructions from a Union Representative to do otherwise

The penalty for a wrongful accusation is the payment of forty dollars ($4000) to the accused by the accuser in addition to the return of the accuseds deposited payment

It is understood and agreed that the action(s) of the Dispatch Supervisor(s) in the compliance of this Policy is not to be construed as a determination of who is the guilty party In all disputes regarding stolen fares the Committee shall make the final determination with respect to guilt

Collective Agreement laquoCompany Page 55

bull

bull

Note Such fare(s) will not be considered as Stolen Fare(s) if picked up by driver(s) arriving on the Concession(s)Taxi Stand(s) prior the driver(s) who accepted the dispatched fare(s)

Collective Agreement ((Company Page 56

bull bull

APPENDIX 1

PLATE CAR LESSEE IND START LESSEE START

1 1027 5027 ADAM GRANT 1 91111986 111987

2 1015 5015 TIMS VAUGHN 411995 411995

3 1043 5043 MARTON FERENC G 10251995 10251995

4 1050 5050 DUBOIS JOHN 12111994 311996

5 1048 5048 SUNIL JOSHI 1111994 711996

6 1030 5030 SLIM MOHAMED 711996 7111996

7 1041 5041 JAMALEDDINE ZAHER 911996 911996

8 1040 5040 MAHEUX FRANK 11151996 181997

9 1109 1 5109 ASTLEY JAMES 1011994 1131997

10 1045 5045 MELHEM SAMIR 1211996 9211997

11 1028 5028 LABINE ANTHONY 10151980 11281997

12 1054 5054 ELmiddotNEMER NEMER 11131997 21271998

13 1113 5113 WEAGANT BROCK C 82211988 3131998

i

14 1039 5039 SOBH HAC HEM 11171997 5111998

15 1044 1 5044 MOUFARREJ RAYMOND 10241996 1161998

16 1042 5042 MCCONVILLE BILL 311992 11111998

17 1107 5107 GIANNAKOS LOUIS I 9111997 491999

18 1026 5026 VERMA LALIT 51261996 5311999

19 1033 5033 MITCHELL BRUCE 111987 9301999

i

20 1108 5108 PAPPAS CHRISTINE 121111991 1041999

rmiddot 1014 5014 NYTRA BEDRICH 961996 3302000

22 1000 5000 ABOUmiddotARRAG SAM I 611997 7132000

23 1038 5038 MUNROE JOHN 1111977 492001

24 1022 5022 RADULESCU GELU 611999 5232002

25 1139 5139 HASSOUN I MOUFID 71211999 8152002

26 1006 5006 SADER I GHASSAN 6211999 292004

27 1029 5029 CLAYTON GREG 911980 21132004

Collective Agreement ccCompany Page 57

bull

28 1034 5034 IBRAHIM 12301995 4302004

29 1037 5037 ABDALLA HASSAN I 3312000 2202006

30 1010 5010 HASSOUN AD NAN 8272001 312006

31 1031 MASSOUD 1241998 312006

32 1 1o35 5035 JANCO 911992 362006

1 33 1036 5036 SINGH BALWANT 92211999 3172006

Collective Agreement ltltCompanyraquo Page 58

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 45: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

10 Deliveries are to be taken directly to the destination Running other fares while occupied on deliveries will not be permitted unless approved by the dispatcher

11 No messages between drivers are permitted Drivers will receive messages to call home spouse office union office partner or garage

In addition When an authorized Union rep asks the dispatcher to have a member of the bargaining unit call them for union business only this will be allowed and if necessary a phone number will be given

12 Picking up a fare while on the way to an accepted dispatch call will not be permitted

13 Drivers must allow 5 minutes wait at the customers pick-up address

14 Drivers shall take reasonable steps to ensure that they pickup only those fares that they are dispatched to Drivers must check with dispatcher for authorization before taking another fare from same address

15 Once dispatched to a fare the driver must complete the fare and may not have the fare covered unless there is an emergency or a mechanical breakdown If the driver requests the fare to be covered due to mechanical breakdown emergency or any other reason(s) not herein listed the dispatcher shall reshydispatch the fare and suspend the driver for one (1) hour

16 Interference or jamming of the radio is a Federal offence and will not be tolerated

17 When necessary drivers must assist customers with handling of baggage and opening and closing of doors

18 No complaining to customers about short fares or time calls A list of regular short fares will be established and such fares shall be dispatched as Locals

19 At customers request music radio and other sound systems except for the twoshyway radio must be turned off

20 Driver must issue a receipt card upon request by customer Drivers signature must be clearly marked in the appropriate place on the receipt card There is no charge for the issuance of a receipt card

21 No new driver is to commence work until he has been briefed by OJS staff in the operating of our charge account system

22 Some of the guidelines in the operation of our charge account system are as follows

Collective Agreement laquoCompanyraquo Page43

(a) All charges are to be signed with car number (eg-DJ70) and date clearly written

(b) If the fare goes to more than one destination these other destinations are to be clearly marked on the reverse side of the chit

(c) Taxi chits to be signed by the customer and dollar value to be clearly marked

(d) Gift certificates which currently have a maximum value of $500 each are to be accepted at face value and change given as required

(e) Drivers must note on back of chit the drop offpick up address if it is different from address shown on face of chit

Drivers are prohibited from buying other drivers charges whether they be DJS drivers or other cab Companys charges Violation of this rule shall result in the following fines

1st offence -2d offence bull 3rd and subsequent offences-

$5000 per chit $10000 per chit $20000 per chit

plus the face value of each chitCredit Card in all cases

The parties agree that the above penalties are specific penalties within the meaning of the Ontario Labour Relations Act An Arbitrator shall not have the power to alter or modify any penalty imposed under this clause

(f) Drivers must accept all major credit cards approved by OJS Taxi

(g) Drivers are responsible for ensuring that all necessary information is clearly marked on charge vouchers as follows

bull Customers name and signature bull Card number (correct number of digits) bull Expiry date bull Drivers signature and car number (eg-DJ70) bull Ensure proper copies of charges are submitted to the Company for

processing bull No hand written major credit card sales drafts will be accepted

23 All cars are to be cleaned inside and out by 1000 am every day with due regard given to road and weather conditions

Collective Agreement Page44

24 All drivers must ensure that they have change for $2000 at all times and will not be removed from the sheet while getting change provided they are not called

25 No taxicab driver shall charge a passenger for

(a) The cost of proceeding to an establishment for change or

(b) Waiting time while a passenger obtains the change provided the bill presented for payment is of $2000 denomination or less

26 No vehicle to be left unattended with keys in the ignition

27 No person(s) unless authorized by the Company shall accompany the driver in the vehicle while heshe is occupied with a paying fare

28 Taxis must not be left unattended on a OJS taxi concession stand for more than ten (1 0) minutes

29 Only au~horized drivers with valid licenses can operate a taxi-licensed vehicle

30 Roof sign must be removed from vehicle when not on duty or involved in an accident

31 ALL DRIVERS ARE ADVISED THAT IT IS AGAINST THE LAW AND OJS TAXI COMPANY LIMITED POLICY TO REFUSE DOG GUIDES IN THEIR CABS REFUSAL WILL RESULT IN FINES AND DISCIPLINARY ACTION BY THE COMPANY

1st offence - 1 week suspension 2nd offence - 2 weeks suspension

3rd offence - Dismissal No longer working under the OJS roof sign

Accommodating Persons with Disabilities

The Management of OJS Taxi wishes to advise all its employees drivers and others operating under the OJS Taxi roof sign of the OJS Taxi policy with respect to blind passengers whether or not they use dog guides

Under the Blind Persons Rights Act of Ontario no person may either deny any person services customarily available to the public or discriminate against any person with respect to services available to the public for the reason that they are a blind person accompanied by a dog guide

Under the Ontario Human Rights Code every person has a right to equal treatment with respect to the supply of services which includes taxi services

Collective Agreement laquoCompanyraquo Page45

bull

without discrimination because of among other things a disability A disability includes any physical impairment such as being blind visually impaired deaf or hard of hearing

Guide Dogs and Taxi Services Many disabled persons are physically dependent on guide animals in their daily activities Canadians who are blind or visually impaired deaf or hard of hearing or who have other types of disabilities such as epilepsy are dependent on guide animals

Accommodation of these individuals necessitates that they be permitted to take their guide animals with them into taxi cabs Refusing to allow them to do so will infringe on their human rights and is against the Blind Persons Rights Act of Ontario and the Ontario Human Rights Code

This notice will simply repeat what should be apparent to you all that if a blind person with or without a dog guide is refused services by any OJS Taxi driver such actions will result in fines to the driver and other disciplinary action including the possibility of suspension by the Management of DJs Taxi Co Ltd

For more information regarding guide animals please review the attached pamphlet and information sheet published by Dog Guides Canada

Any inquiries concerning this policy should be directed to any member of the Management who will if it is required explain the policy to you

32 Drivers are not allowed in the dispatch office

33 All parking tickets will be paid by the rental driver responsible

34 In order to boost with Company owned taxicabs employees must request an obtain instruction from the garage manager or his designee on the proper method of boosting in order to reduce any risk of injury to the driver passenger and damage to the vehicle(s)

In the event of misuse employees at their discretion may be either disciplined in accordance with the principle of progressive discipline or have the option of reimbursing the Company for the cost of damaged parts

35 Any driver operating a taxi while his drivers license or taxi license is under suspension will be disciplined unless the driver can obtain written proof from the Ontario Ministry of Transport andor the appropriate taxi licensing authority that the driver did not receive evidence that hisher license was suspended or cancelled

36 When necessary or requested all elderly andor disabled customers are to be assisted in and out of taxicab at all times

Collective Agreement laquoCompanyraquo Page 46

37 No stealing fares

38 Drivers are not allowed to book no loads and run the fare

39 Drivers cannot refuse dispatched fares subject to article 1304 andor where the driver believes his safety or health is at risk

40 Failure to come to voice after two (2) requests by the Dispatch Supervisor will result in the Driver being suspended in the computer

41 Dispatch staff will not make phone calls for drivers unless it is an emergency situation

42 There shall be no personalization of any fares or trips placed through the Dispatch System of OJS Taxi except for returns east of but not including the Civic Hospital within the same twenty-four (24) hour period Where a return-call has been prearranged through the Dispatch System prior to the initial call being dispatched then the return-call cannot be personalized

43 Drivers will pay monies owed to the company by 400pm on the day that they are due No driver with an outstanding balance will be allowed to book on the sheet until their account is paid in full to the business office This means credited to their account and a receipt issued

44 Dispatchers shall give the line-up every thirty- (30) minutes except for the months of December January and February On implementation of the Computerized Dispatch this clause will be eliminated

45 All deliveries shall be given out as regular calls except where provided in this agreement and all employees shall have the option to refuse to deliver alcohol When a dispatcher requests a driver to call him for information concerning a delivery the dispatcher will first give the delivery address over the radio to ensure the delivery is being dispatched correctly

46 When drivers book out of their cars to attend scheduled complaint meeting appointments they shall be allowed to remain in their spot on the line up queue passed by for fares and treated by the dispatch as if they are no longer on the sheet

When the affected driver returns to his car and books back in he shall be returned to his position in the line up queue and given his next rightful fare

The maximum time a driver shall be allowed to book out for a complaint meeting is one half-hour

Collective Agreement laquoCompanyraquo Page 47

This rule shall only apply if the affected driver does not incur any discipline as a result of the complaint meeting

47 All cabs at DJS Taxi must have a mike clip and the clip must be used Drivers must pick up their mike when communicating

48 Drivers using vans as taxicabs must have and make use of (when requested or required) a portable step to assist passengers in and out of their vehicles

49 All taxicabs must be free of any body damage and any damage must be repaired within ninety- (90) days

50 Roof signs must be kept in good working order and condition with Company approved logo clearly visible front and rear

51 In order to ensure equipment is compatible with computer dispatch system all new radio equipment must be approved by the Company prior to installation

Collective Agreement laquoCompanyraquo Page48

SCHEDULE D CREDIT CARD POLICY amp PROCEDURES

DRIVERS MUST ACCEPT ALL COMPANY APPROVED CHARGES CREDIT AND DEBIT CARDS

DRIVERS MUST HAVE A POINT OF SALE UNIT AND A MANUAL PRINTER PER CURRENT BYLAW CITY OF OTTAWA

Due to the increased use of fraudulent Credit Cards by customers in taxicabs the following procedures have been developed to protect drivers from falling victim to Credit card fraud When accepting Credit cards the following rules must be followed

Credit and Debit Cards- the following rules must be followed

AUTHORIZATION OF ALL DEBIT AND CREDIT CARDS

All Credit Card slips must be authorized regardless of amount Verification is generally done after the fare is completed but verification of an estimated or known amount can be done prior to the completion of the trip if

bull The destination is beyond the radio coverage area bull The driver has reason(s) to suspect the validity of the card

INFORMATION REQUIRED FOR ACCEPTANCE OF DEBIT ANDOR CREDIT CARD SLIP FOR PAYMENT The completed Credit Card slip must contain all the following information

(a) Vehicle Number (pre-printed on POS slip if not to be written by hand at the bottom of the slip)

(b) Drivers ID Number and Initials (c) Amount of fare and gratuity (if applicable) (d) Authorization number (Pre-printed on POS slip) (e) Date of the fare (Pre-printed on POS slip) (f) The Debit or Credit Card must be swiped at all times (in the event that the

receipt does not print imprinting Credit Card only on manual imprinter is acceptable with customers signature but the imprint of the card number has to be clear) In the case of a swiped transaction part of the card number will display per Credit and Debit Card industry rules

(g) Customers signature clearly written (Credit Card only) marked TRANSACTION COPY We will accept the CUSTOMER COPY as long as it has the customers signature Debit POS slips are to be submitted marked TRANSACTION COPY NO SIGNATURE IS REQUIRED

Collective Agreement laquoCompanyraquo Page49

DISPUTES BY A CUSTOMER

Should a debit or credit card slip be disputed by the customer their bank or other financial institution the company will investigate If such investigation proves fraud or error by the driver the driver will be charged back for the full amount of the charge

If the disputed transaction was processed on a non-company unit a $500 plus HST charge plus the value of the charge will be debited to the drivers account The Company will refund the customer for the value of the charge

Should a customer andor driver report that the charge has been approved more than once the Company will investigate The Company does not allow any refunds in the taxicab Drivers can void a transaction but this must be done before Batch Closing the transaction A Void can only be done in the presence of the customer as the card (debit or credit) must be present The driver can then re-swipe the card for the correct amount The Company publishes a toll free number for customers or drivers to call with any concerns about a transaction If a customer has been charged more than once for the incorrect amount the following procedures apply

Credit Card

The Company will verify that the customer was charged multiple times or has been over-charged and issue a refund as necessary The Company will send a copy to the customer upon request All refunds are processed on a Point of Sale unit or Virtual Merchant (on-line) The Company may contact the driver to determine the validity of the customers details

Debit Card

The Company will verify that the customer was charged multiple times or has been overcharged and issue a cheque refund as necessary The Company keeps a copy of the cheque issued

GENERAL INFORMATIONGUIDELINES

1 If the driver has overcharged the customer and has been paid the incorrect amount the Company will adjust the drivers account and provide a receipt The Company maintains a log in the even there is a dispute by the driver or the customer If the driver reports the overcharge that is logged on a Customer Incident Form which has a Control Number

2 Hand written Credit Cards will not be accepted All Credit Cards must be passed through a manual imprinter which clearly shows the full credit card number If the credit card number is not clear and cannot be authorized

Collective Agreement laquoCompany Page 50

the driver will face debitchargeback of the amount as it cannot be authorized

3 The only Credit Cards accepted by Taxitab a division of Coventry Connections Inc are

i Visa ii Mastercard iii American Express

Note Visa Mastercard and American Express all issue prepaid credit cards these are all accepted

4 Taxitab a Division of Coventry Connections accepts Debit Cards for Canadian Financial Institutions Debit Cards for foreign banks may not

work on the unit Visa Mastercard have commenced issuing Debit Cards these are all accepted These cards are clearly marked on the face of the card with the Visa and Mastercard logos

5 The following items are to be checkedverified by the driver upon presentation of a Credit Car (a to d) Debit Card (d only)

CHECK LIST

(a) Expiry Date Ensure the card is valid Check to be sure that the Card is not being used beyond the expiry date printed on the card If the card is expired refuse to accept it

(b) Altered Cards Check to see if the card has been noticeably altered in any way If it has been refuse to accept it

(c) Card holders name and signature Check that the signature on the Credit Card slip is the same name printed on the card At the same time check that the signature is the same as the signature on the rear of the card If there is no signature on the rear of the card ask the customer to sign it as you are required to check this

If in doubt ask to see some other form of identification (preferably one with a picture and signature) that ensures that the person using the card is who they say they are

(d) Amount of fare and gratuity (if applicable) The amount of the Debit or Credit card slip must be equal to the amount of the fare and the gratuity (where applicable) Each amount should be entered in their respective places and only by the customer unless otherwise directed In the case of a Debit Card customer must always enter their PIN number to

Collective Agreement ltbullCompany Page 51

authorize the card Drivers must remind customer that the TIP field comes first followed by the PIN number

(e) $150 Surcharge

Debit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated by the City of Ottawa By-Law The $150 charge is prompted by the point of sale unit automatically The Driver receives 65cent of the $150 for every transaction

Credit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated in the City of Ottawa By-Law The $150 charge is NOT prompted by the point of sale unit automatically The driver adds the $150 to the metered amount and enters this total in the base amount field

6 CAUTIONS

7

(a)

(b)

(c)

Bank Card only have the Bank name on the card

Credit Cards are identified by the VISA MASTERCARD AMERICAN EXPRESS OR DINERS CLUB-ENROUTE symbols Only Cards with these symbols will be accepted

Credit Cards will have a holographic image on the face of the card

CASH ADVANCES

The use of Credit Cards for cash advances in the taxicab is not permitted Credit Cards must only be used in the taxicab for paying for an actual fare Anyone using a Credit Card in a taxicab to obtain cash advance is most likely using a stolen or fraudulent card

8 OUT OF TOWN FARES

For the drivers protection it is suggested that for fares going out of town and the customer wishes to pay by Credit Card it is recommended that the driver authorize the fare at the beginning of the trip (dispatcher can give an estimated amount) If there is a difference process the difference at the end of the trip There is a pre-authorization feature available for Credit Card only on the Point of Sale unit The Company can activate this on driver request but the driver must be

Collective Agreement ccCompany)) Page 52

bull

9

given correct training for this There are several steps involved with pre-authorization that must be followed before batch closing

BATCH CLOSING

Drivers must close transaction in the terminals at the end of their shift Credit Card authorizations only remain in the terminal for five (5) days after that the processor closes them automatically Drivers must batch close all credit cards no later than four (4) days in order for the items to appear on the batch close report

Batch Close reports will print separately for Debit and Credit Cards and list the details of the transactions in the terminals showing the card type and the last four (4) digits of the card involved This Batch close cannot be reprinted drivers must hold on to them Attach the slips to the Batch Close and bring to the cashier The cashier will verify the attached slips are on the batch close and proceed to pay or credit the driver assuming all slips are authorized and complete (as discussed above under (1) Authorization Procedures)

The following circumstances regarding Batch Closes will apply

(i) Batch Close with All Debit and Signed Credit Card slips- Driver will be paid or credited at time of presentation at a cashiering station

(ii) Batch Close- No Debit Slips if the batch close shows a Debit Slip and the driver has misplaced or lost the slip the Driver will be paid or credited at the time of presentation at a cashiering station

(iii) Batch Close No Credit Card Slip- No Slip No Payment at time of cashiering (driver is to go to Driver Admin in this instance) If the driver has a signed manual slip and the last 4 numbers of the card match those on the batch close the slip will be accepted by the cashier

NO BATCH CLOSE REPORT -If a Driver has lost or misplaced Batch Close report the Driver is to go straight to Driver Admin (not cashiering) The Driver is to bring the receipts (if there is a credit card slip with no signature there is a separate procedure for this below) he has for which he has not batch close Driver Admin will initiate a Batch Close Incident Report which has a Control Number for future reference The Procedure is as follows

(i) Driver Admin to Photocopy all Slips and write the Control from the Batch Close Incident Form on the photocopy and date the sheet The

Collective Agreement ccCompanyraquo Page 53

bull

bull

Driver is to keep this in the event of a dispute or apparent nonshypayment in account

(ii) Driver Admin will complete the top copy of the report attach a copy of the slips The Driver will complete the bottom part of the report and sign it

(iii) Management will need 72 hours (three business days) from the date of Incident Report to investigate the transaction has been settled in the POS unit

(iv) Providing Management confirms the transaction is complete the slips will be credited to the Drivers account and a receipt will be printed A copy of the receipt is attached to the Batch Close Incident Report The Control from the Form is entered when the the amount is credited for reference A receipt can be printed at that time by cashier

(v) In the event that a driver does not have a Batch Close and presents a credit card slip with no signature the following will apply

(vi) If the Driver experiences a problem with the Batch Close or operation of the unit the Driver is to bring the unit to the office during normal hours Management will investigate the issue and call Driver to reshyissue the unit completing paperwork for the replacement unit which the driver will sign

Any driver attempting to defraud a customer by processing a debit or credit slip more than once will be terminated

Collective Agreement laquoCompany)) Page 54

bull

bull

SCHEDULE E STOLEN FARE POLICY

Whenever the Dispatch Supervisor receives a complaint that a fare either dispatched to the complainant or from within the same block of taxi standconcession on which the complainant is parked has been stolen and the identification of the accused is made known the Supervisor shall

(a) Bring the accused to voice and notify himher of the allegations

(b) Inform the complainant that a deposit of forty dollars ($4000) must accompany his accusation and to be deposited within one (1) hour of the complaint Where applicable inform the complainant that the accused wishes to challenge the allegations and the date and time of the hearing shall be known to both parties

(c) A failure of either party to attend the hearing will result in an additional fine of forty dollars ($4000) to be paid within sixty (60) minutes of the conclusion of the hearing or a suspension ob the absent party until payment is received

(d) Inform the accused of the available options

(i) Arrange for repayment of the fare in its entirety to a minimum of forty dollars ($4000) to the complainant a Union representative or the Company on behalf of the complainant within sixty (60) minutes or

(ii) If the allegation is being denied and the accused wishes to refute it forty dollars ($4000) must be deposited at the dispatch office within sixty (60) minutes with a notification to the Dispatch Supervisor that the allegation is being challenged

Where the accused fails to respond to two (2) voice messages or refuses to comply with (c) the accused shall have dispatch services suspended until in compliance or the Company receives instructions from a Union Representative to do otherwise

The penalty for a wrongful accusation is the payment of forty dollars ($4000) to the accused by the accuser in addition to the return of the accuseds deposited payment

It is understood and agreed that the action(s) of the Dispatch Supervisor(s) in the compliance of this Policy is not to be construed as a determination of who is the guilty party In all disputes regarding stolen fares the Committee shall make the final determination with respect to guilt

Collective Agreement laquoCompany Page 55

bull

bull

Note Such fare(s) will not be considered as Stolen Fare(s) if picked up by driver(s) arriving on the Concession(s)Taxi Stand(s) prior the driver(s) who accepted the dispatched fare(s)

Collective Agreement ((Company Page 56

bull bull

APPENDIX 1

PLATE CAR LESSEE IND START LESSEE START

1 1027 5027 ADAM GRANT 1 91111986 111987

2 1015 5015 TIMS VAUGHN 411995 411995

3 1043 5043 MARTON FERENC G 10251995 10251995

4 1050 5050 DUBOIS JOHN 12111994 311996

5 1048 5048 SUNIL JOSHI 1111994 711996

6 1030 5030 SLIM MOHAMED 711996 7111996

7 1041 5041 JAMALEDDINE ZAHER 911996 911996

8 1040 5040 MAHEUX FRANK 11151996 181997

9 1109 1 5109 ASTLEY JAMES 1011994 1131997

10 1045 5045 MELHEM SAMIR 1211996 9211997

11 1028 5028 LABINE ANTHONY 10151980 11281997

12 1054 5054 ELmiddotNEMER NEMER 11131997 21271998

13 1113 5113 WEAGANT BROCK C 82211988 3131998

i

14 1039 5039 SOBH HAC HEM 11171997 5111998

15 1044 1 5044 MOUFARREJ RAYMOND 10241996 1161998

16 1042 5042 MCCONVILLE BILL 311992 11111998

17 1107 5107 GIANNAKOS LOUIS I 9111997 491999

18 1026 5026 VERMA LALIT 51261996 5311999

19 1033 5033 MITCHELL BRUCE 111987 9301999

i

20 1108 5108 PAPPAS CHRISTINE 121111991 1041999

rmiddot 1014 5014 NYTRA BEDRICH 961996 3302000

22 1000 5000 ABOUmiddotARRAG SAM I 611997 7132000

23 1038 5038 MUNROE JOHN 1111977 492001

24 1022 5022 RADULESCU GELU 611999 5232002

25 1139 5139 HASSOUN I MOUFID 71211999 8152002

26 1006 5006 SADER I GHASSAN 6211999 292004

27 1029 5029 CLAYTON GREG 911980 21132004

Collective Agreement ccCompany Page 57

bull

28 1034 5034 IBRAHIM 12301995 4302004

29 1037 5037 ABDALLA HASSAN I 3312000 2202006

30 1010 5010 HASSOUN AD NAN 8272001 312006

31 1031 MASSOUD 1241998 312006

32 1 1o35 5035 JANCO 911992 362006

1 33 1036 5036 SINGH BALWANT 92211999 3172006

Collective Agreement ltltCompanyraquo Page 58

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 46: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

(a) All charges are to be signed with car number (eg-DJ70) and date clearly written

(b) If the fare goes to more than one destination these other destinations are to be clearly marked on the reverse side of the chit

(c) Taxi chits to be signed by the customer and dollar value to be clearly marked

(d) Gift certificates which currently have a maximum value of $500 each are to be accepted at face value and change given as required

(e) Drivers must note on back of chit the drop offpick up address if it is different from address shown on face of chit

Drivers are prohibited from buying other drivers charges whether they be DJS drivers or other cab Companys charges Violation of this rule shall result in the following fines

1st offence -2d offence bull 3rd and subsequent offences-

$5000 per chit $10000 per chit $20000 per chit

plus the face value of each chitCredit Card in all cases

The parties agree that the above penalties are specific penalties within the meaning of the Ontario Labour Relations Act An Arbitrator shall not have the power to alter or modify any penalty imposed under this clause

(f) Drivers must accept all major credit cards approved by OJS Taxi

(g) Drivers are responsible for ensuring that all necessary information is clearly marked on charge vouchers as follows

bull Customers name and signature bull Card number (correct number of digits) bull Expiry date bull Drivers signature and car number (eg-DJ70) bull Ensure proper copies of charges are submitted to the Company for

processing bull No hand written major credit card sales drafts will be accepted

23 All cars are to be cleaned inside and out by 1000 am every day with due regard given to road and weather conditions

Collective Agreement Page44

24 All drivers must ensure that they have change for $2000 at all times and will not be removed from the sheet while getting change provided they are not called

25 No taxicab driver shall charge a passenger for

(a) The cost of proceeding to an establishment for change or

(b) Waiting time while a passenger obtains the change provided the bill presented for payment is of $2000 denomination or less

26 No vehicle to be left unattended with keys in the ignition

27 No person(s) unless authorized by the Company shall accompany the driver in the vehicle while heshe is occupied with a paying fare

28 Taxis must not be left unattended on a OJS taxi concession stand for more than ten (1 0) minutes

29 Only au~horized drivers with valid licenses can operate a taxi-licensed vehicle

30 Roof sign must be removed from vehicle when not on duty or involved in an accident

31 ALL DRIVERS ARE ADVISED THAT IT IS AGAINST THE LAW AND OJS TAXI COMPANY LIMITED POLICY TO REFUSE DOG GUIDES IN THEIR CABS REFUSAL WILL RESULT IN FINES AND DISCIPLINARY ACTION BY THE COMPANY

1st offence - 1 week suspension 2nd offence - 2 weeks suspension

3rd offence - Dismissal No longer working under the OJS roof sign

Accommodating Persons with Disabilities

The Management of OJS Taxi wishes to advise all its employees drivers and others operating under the OJS Taxi roof sign of the OJS Taxi policy with respect to blind passengers whether or not they use dog guides

Under the Blind Persons Rights Act of Ontario no person may either deny any person services customarily available to the public or discriminate against any person with respect to services available to the public for the reason that they are a blind person accompanied by a dog guide

Under the Ontario Human Rights Code every person has a right to equal treatment with respect to the supply of services which includes taxi services

Collective Agreement laquoCompanyraquo Page45

bull

without discrimination because of among other things a disability A disability includes any physical impairment such as being blind visually impaired deaf or hard of hearing

Guide Dogs and Taxi Services Many disabled persons are physically dependent on guide animals in their daily activities Canadians who are blind or visually impaired deaf or hard of hearing or who have other types of disabilities such as epilepsy are dependent on guide animals

Accommodation of these individuals necessitates that they be permitted to take their guide animals with them into taxi cabs Refusing to allow them to do so will infringe on their human rights and is against the Blind Persons Rights Act of Ontario and the Ontario Human Rights Code

This notice will simply repeat what should be apparent to you all that if a blind person with or without a dog guide is refused services by any OJS Taxi driver such actions will result in fines to the driver and other disciplinary action including the possibility of suspension by the Management of DJs Taxi Co Ltd

For more information regarding guide animals please review the attached pamphlet and information sheet published by Dog Guides Canada

Any inquiries concerning this policy should be directed to any member of the Management who will if it is required explain the policy to you

32 Drivers are not allowed in the dispatch office

33 All parking tickets will be paid by the rental driver responsible

34 In order to boost with Company owned taxicabs employees must request an obtain instruction from the garage manager or his designee on the proper method of boosting in order to reduce any risk of injury to the driver passenger and damage to the vehicle(s)

In the event of misuse employees at their discretion may be either disciplined in accordance with the principle of progressive discipline or have the option of reimbursing the Company for the cost of damaged parts

35 Any driver operating a taxi while his drivers license or taxi license is under suspension will be disciplined unless the driver can obtain written proof from the Ontario Ministry of Transport andor the appropriate taxi licensing authority that the driver did not receive evidence that hisher license was suspended or cancelled

36 When necessary or requested all elderly andor disabled customers are to be assisted in and out of taxicab at all times

Collective Agreement laquoCompanyraquo Page 46

37 No stealing fares

38 Drivers are not allowed to book no loads and run the fare

39 Drivers cannot refuse dispatched fares subject to article 1304 andor where the driver believes his safety or health is at risk

40 Failure to come to voice after two (2) requests by the Dispatch Supervisor will result in the Driver being suspended in the computer

41 Dispatch staff will not make phone calls for drivers unless it is an emergency situation

42 There shall be no personalization of any fares or trips placed through the Dispatch System of OJS Taxi except for returns east of but not including the Civic Hospital within the same twenty-four (24) hour period Where a return-call has been prearranged through the Dispatch System prior to the initial call being dispatched then the return-call cannot be personalized

43 Drivers will pay monies owed to the company by 400pm on the day that they are due No driver with an outstanding balance will be allowed to book on the sheet until their account is paid in full to the business office This means credited to their account and a receipt issued

44 Dispatchers shall give the line-up every thirty- (30) minutes except for the months of December January and February On implementation of the Computerized Dispatch this clause will be eliminated

45 All deliveries shall be given out as regular calls except where provided in this agreement and all employees shall have the option to refuse to deliver alcohol When a dispatcher requests a driver to call him for information concerning a delivery the dispatcher will first give the delivery address over the radio to ensure the delivery is being dispatched correctly

46 When drivers book out of their cars to attend scheduled complaint meeting appointments they shall be allowed to remain in their spot on the line up queue passed by for fares and treated by the dispatch as if they are no longer on the sheet

When the affected driver returns to his car and books back in he shall be returned to his position in the line up queue and given his next rightful fare

The maximum time a driver shall be allowed to book out for a complaint meeting is one half-hour

Collective Agreement laquoCompanyraquo Page 47

This rule shall only apply if the affected driver does not incur any discipline as a result of the complaint meeting

47 All cabs at DJS Taxi must have a mike clip and the clip must be used Drivers must pick up their mike when communicating

48 Drivers using vans as taxicabs must have and make use of (when requested or required) a portable step to assist passengers in and out of their vehicles

49 All taxicabs must be free of any body damage and any damage must be repaired within ninety- (90) days

50 Roof signs must be kept in good working order and condition with Company approved logo clearly visible front and rear

51 In order to ensure equipment is compatible with computer dispatch system all new radio equipment must be approved by the Company prior to installation

Collective Agreement laquoCompanyraquo Page48

SCHEDULE D CREDIT CARD POLICY amp PROCEDURES

DRIVERS MUST ACCEPT ALL COMPANY APPROVED CHARGES CREDIT AND DEBIT CARDS

DRIVERS MUST HAVE A POINT OF SALE UNIT AND A MANUAL PRINTER PER CURRENT BYLAW CITY OF OTTAWA

Due to the increased use of fraudulent Credit Cards by customers in taxicabs the following procedures have been developed to protect drivers from falling victim to Credit card fraud When accepting Credit cards the following rules must be followed

Credit and Debit Cards- the following rules must be followed

AUTHORIZATION OF ALL DEBIT AND CREDIT CARDS

All Credit Card slips must be authorized regardless of amount Verification is generally done after the fare is completed but verification of an estimated or known amount can be done prior to the completion of the trip if

bull The destination is beyond the radio coverage area bull The driver has reason(s) to suspect the validity of the card

INFORMATION REQUIRED FOR ACCEPTANCE OF DEBIT ANDOR CREDIT CARD SLIP FOR PAYMENT The completed Credit Card slip must contain all the following information

(a) Vehicle Number (pre-printed on POS slip if not to be written by hand at the bottom of the slip)

(b) Drivers ID Number and Initials (c) Amount of fare and gratuity (if applicable) (d) Authorization number (Pre-printed on POS slip) (e) Date of the fare (Pre-printed on POS slip) (f) The Debit or Credit Card must be swiped at all times (in the event that the

receipt does not print imprinting Credit Card only on manual imprinter is acceptable with customers signature but the imprint of the card number has to be clear) In the case of a swiped transaction part of the card number will display per Credit and Debit Card industry rules

(g) Customers signature clearly written (Credit Card only) marked TRANSACTION COPY We will accept the CUSTOMER COPY as long as it has the customers signature Debit POS slips are to be submitted marked TRANSACTION COPY NO SIGNATURE IS REQUIRED

Collective Agreement laquoCompanyraquo Page49

DISPUTES BY A CUSTOMER

Should a debit or credit card slip be disputed by the customer their bank or other financial institution the company will investigate If such investigation proves fraud or error by the driver the driver will be charged back for the full amount of the charge

If the disputed transaction was processed on a non-company unit a $500 plus HST charge plus the value of the charge will be debited to the drivers account The Company will refund the customer for the value of the charge

Should a customer andor driver report that the charge has been approved more than once the Company will investigate The Company does not allow any refunds in the taxicab Drivers can void a transaction but this must be done before Batch Closing the transaction A Void can only be done in the presence of the customer as the card (debit or credit) must be present The driver can then re-swipe the card for the correct amount The Company publishes a toll free number for customers or drivers to call with any concerns about a transaction If a customer has been charged more than once for the incorrect amount the following procedures apply

Credit Card

The Company will verify that the customer was charged multiple times or has been over-charged and issue a refund as necessary The Company will send a copy to the customer upon request All refunds are processed on a Point of Sale unit or Virtual Merchant (on-line) The Company may contact the driver to determine the validity of the customers details

Debit Card

The Company will verify that the customer was charged multiple times or has been overcharged and issue a cheque refund as necessary The Company keeps a copy of the cheque issued

GENERAL INFORMATIONGUIDELINES

1 If the driver has overcharged the customer and has been paid the incorrect amount the Company will adjust the drivers account and provide a receipt The Company maintains a log in the even there is a dispute by the driver or the customer If the driver reports the overcharge that is logged on a Customer Incident Form which has a Control Number

2 Hand written Credit Cards will not be accepted All Credit Cards must be passed through a manual imprinter which clearly shows the full credit card number If the credit card number is not clear and cannot be authorized

Collective Agreement laquoCompany Page 50

the driver will face debitchargeback of the amount as it cannot be authorized

3 The only Credit Cards accepted by Taxitab a division of Coventry Connections Inc are

i Visa ii Mastercard iii American Express

Note Visa Mastercard and American Express all issue prepaid credit cards these are all accepted

4 Taxitab a Division of Coventry Connections accepts Debit Cards for Canadian Financial Institutions Debit Cards for foreign banks may not

work on the unit Visa Mastercard have commenced issuing Debit Cards these are all accepted These cards are clearly marked on the face of the card with the Visa and Mastercard logos

5 The following items are to be checkedverified by the driver upon presentation of a Credit Car (a to d) Debit Card (d only)

CHECK LIST

(a) Expiry Date Ensure the card is valid Check to be sure that the Card is not being used beyond the expiry date printed on the card If the card is expired refuse to accept it

(b) Altered Cards Check to see if the card has been noticeably altered in any way If it has been refuse to accept it

(c) Card holders name and signature Check that the signature on the Credit Card slip is the same name printed on the card At the same time check that the signature is the same as the signature on the rear of the card If there is no signature on the rear of the card ask the customer to sign it as you are required to check this

If in doubt ask to see some other form of identification (preferably one with a picture and signature) that ensures that the person using the card is who they say they are

(d) Amount of fare and gratuity (if applicable) The amount of the Debit or Credit card slip must be equal to the amount of the fare and the gratuity (where applicable) Each amount should be entered in their respective places and only by the customer unless otherwise directed In the case of a Debit Card customer must always enter their PIN number to

Collective Agreement ltbullCompany Page 51

authorize the card Drivers must remind customer that the TIP field comes first followed by the PIN number

(e) $150 Surcharge

Debit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated by the City of Ottawa By-Law The $150 charge is prompted by the point of sale unit automatically The Driver receives 65cent of the $150 for every transaction

Credit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated in the City of Ottawa By-Law The $150 charge is NOT prompted by the point of sale unit automatically The driver adds the $150 to the metered amount and enters this total in the base amount field

6 CAUTIONS

7

(a)

(b)

(c)

Bank Card only have the Bank name on the card

Credit Cards are identified by the VISA MASTERCARD AMERICAN EXPRESS OR DINERS CLUB-ENROUTE symbols Only Cards with these symbols will be accepted

Credit Cards will have a holographic image on the face of the card

CASH ADVANCES

The use of Credit Cards for cash advances in the taxicab is not permitted Credit Cards must only be used in the taxicab for paying for an actual fare Anyone using a Credit Card in a taxicab to obtain cash advance is most likely using a stolen or fraudulent card

8 OUT OF TOWN FARES

For the drivers protection it is suggested that for fares going out of town and the customer wishes to pay by Credit Card it is recommended that the driver authorize the fare at the beginning of the trip (dispatcher can give an estimated amount) If there is a difference process the difference at the end of the trip There is a pre-authorization feature available for Credit Card only on the Point of Sale unit The Company can activate this on driver request but the driver must be

Collective Agreement ccCompany)) Page 52

bull

9

given correct training for this There are several steps involved with pre-authorization that must be followed before batch closing

BATCH CLOSING

Drivers must close transaction in the terminals at the end of their shift Credit Card authorizations only remain in the terminal for five (5) days after that the processor closes them automatically Drivers must batch close all credit cards no later than four (4) days in order for the items to appear on the batch close report

Batch Close reports will print separately for Debit and Credit Cards and list the details of the transactions in the terminals showing the card type and the last four (4) digits of the card involved This Batch close cannot be reprinted drivers must hold on to them Attach the slips to the Batch Close and bring to the cashier The cashier will verify the attached slips are on the batch close and proceed to pay or credit the driver assuming all slips are authorized and complete (as discussed above under (1) Authorization Procedures)

The following circumstances regarding Batch Closes will apply

(i) Batch Close with All Debit and Signed Credit Card slips- Driver will be paid or credited at time of presentation at a cashiering station

(ii) Batch Close- No Debit Slips if the batch close shows a Debit Slip and the driver has misplaced or lost the slip the Driver will be paid or credited at the time of presentation at a cashiering station

(iii) Batch Close No Credit Card Slip- No Slip No Payment at time of cashiering (driver is to go to Driver Admin in this instance) If the driver has a signed manual slip and the last 4 numbers of the card match those on the batch close the slip will be accepted by the cashier

NO BATCH CLOSE REPORT -If a Driver has lost or misplaced Batch Close report the Driver is to go straight to Driver Admin (not cashiering) The Driver is to bring the receipts (if there is a credit card slip with no signature there is a separate procedure for this below) he has for which he has not batch close Driver Admin will initiate a Batch Close Incident Report which has a Control Number for future reference The Procedure is as follows

(i) Driver Admin to Photocopy all Slips and write the Control from the Batch Close Incident Form on the photocopy and date the sheet The

Collective Agreement ccCompanyraquo Page 53

bull

bull

Driver is to keep this in the event of a dispute or apparent nonshypayment in account

(ii) Driver Admin will complete the top copy of the report attach a copy of the slips The Driver will complete the bottom part of the report and sign it

(iii) Management will need 72 hours (three business days) from the date of Incident Report to investigate the transaction has been settled in the POS unit

(iv) Providing Management confirms the transaction is complete the slips will be credited to the Drivers account and a receipt will be printed A copy of the receipt is attached to the Batch Close Incident Report The Control from the Form is entered when the the amount is credited for reference A receipt can be printed at that time by cashier

(v) In the event that a driver does not have a Batch Close and presents a credit card slip with no signature the following will apply

(vi) If the Driver experiences a problem with the Batch Close or operation of the unit the Driver is to bring the unit to the office during normal hours Management will investigate the issue and call Driver to reshyissue the unit completing paperwork for the replacement unit which the driver will sign

Any driver attempting to defraud a customer by processing a debit or credit slip more than once will be terminated

Collective Agreement laquoCompany)) Page 54

bull

bull

SCHEDULE E STOLEN FARE POLICY

Whenever the Dispatch Supervisor receives a complaint that a fare either dispatched to the complainant or from within the same block of taxi standconcession on which the complainant is parked has been stolen and the identification of the accused is made known the Supervisor shall

(a) Bring the accused to voice and notify himher of the allegations

(b) Inform the complainant that a deposit of forty dollars ($4000) must accompany his accusation and to be deposited within one (1) hour of the complaint Where applicable inform the complainant that the accused wishes to challenge the allegations and the date and time of the hearing shall be known to both parties

(c) A failure of either party to attend the hearing will result in an additional fine of forty dollars ($4000) to be paid within sixty (60) minutes of the conclusion of the hearing or a suspension ob the absent party until payment is received

(d) Inform the accused of the available options

(i) Arrange for repayment of the fare in its entirety to a minimum of forty dollars ($4000) to the complainant a Union representative or the Company on behalf of the complainant within sixty (60) minutes or

(ii) If the allegation is being denied and the accused wishes to refute it forty dollars ($4000) must be deposited at the dispatch office within sixty (60) minutes with a notification to the Dispatch Supervisor that the allegation is being challenged

Where the accused fails to respond to two (2) voice messages or refuses to comply with (c) the accused shall have dispatch services suspended until in compliance or the Company receives instructions from a Union Representative to do otherwise

The penalty for a wrongful accusation is the payment of forty dollars ($4000) to the accused by the accuser in addition to the return of the accuseds deposited payment

It is understood and agreed that the action(s) of the Dispatch Supervisor(s) in the compliance of this Policy is not to be construed as a determination of who is the guilty party In all disputes regarding stolen fares the Committee shall make the final determination with respect to guilt

Collective Agreement laquoCompany Page 55

bull

bull

Note Such fare(s) will not be considered as Stolen Fare(s) if picked up by driver(s) arriving on the Concession(s)Taxi Stand(s) prior the driver(s) who accepted the dispatched fare(s)

Collective Agreement ((Company Page 56

bull bull

APPENDIX 1

PLATE CAR LESSEE IND START LESSEE START

1 1027 5027 ADAM GRANT 1 91111986 111987

2 1015 5015 TIMS VAUGHN 411995 411995

3 1043 5043 MARTON FERENC G 10251995 10251995

4 1050 5050 DUBOIS JOHN 12111994 311996

5 1048 5048 SUNIL JOSHI 1111994 711996

6 1030 5030 SLIM MOHAMED 711996 7111996

7 1041 5041 JAMALEDDINE ZAHER 911996 911996

8 1040 5040 MAHEUX FRANK 11151996 181997

9 1109 1 5109 ASTLEY JAMES 1011994 1131997

10 1045 5045 MELHEM SAMIR 1211996 9211997

11 1028 5028 LABINE ANTHONY 10151980 11281997

12 1054 5054 ELmiddotNEMER NEMER 11131997 21271998

13 1113 5113 WEAGANT BROCK C 82211988 3131998

i

14 1039 5039 SOBH HAC HEM 11171997 5111998

15 1044 1 5044 MOUFARREJ RAYMOND 10241996 1161998

16 1042 5042 MCCONVILLE BILL 311992 11111998

17 1107 5107 GIANNAKOS LOUIS I 9111997 491999

18 1026 5026 VERMA LALIT 51261996 5311999

19 1033 5033 MITCHELL BRUCE 111987 9301999

i

20 1108 5108 PAPPAS CHRISTINE 121111991 1041999

rmiddot 1014 5014 NYTRA BEDRICH 961996 3302000

22 1000 5000 ABOUmiddotARRAG SAM I 611997 7132000

23 1038 5038 MUNROE JOHN 1111977 492001

24 1022 5022 RADULESCU GELU 611999 5232002

25 1139 5139 HASSOUN I MOUFID 71211999 8152002

26 1006 5006 SADER I GHASSAN 6211999 292004

27 1029 5029 CLAYTON GREG 911980 21132004

Collective Agreement ccCompany Page 57

bull

28 1034 5034 IBRAHIM 12301995 4302004

29 1037 5037 ABDALLA HASSAN I 3312000 2202006

30 1010 5010 HASSOUN AD NAN 8272001 312006

31 1031 MASSOUD 1241998 312006

32 1 1o35 5035 JANCO 911992 362006

1 33 1036 5036 SINGH BALWANT 92211999 3172006

Collective Agreement ltltCompanyraquo Page 58

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 47: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

24 All drivers must ensure that they have change for $2000 at all times and will not be removed from the sheet while getting change provided they are not called

25 No taxicab driver shall charge a passenger for

(a) The cost of proceeding to an establishment for change or

(b) Waiting time while a passenger obtains the change provided the bill presented for payment is of $2000 denomination or less

26 No vehicle to be left unattended with keys in the ignition

27 No person(s) unless authorized by the Company shall accompany the driver in the vehicle while heshe is occupied with a paying fare

28 Taxis must not be left unattended on a OJS taxi concession stand for more than ten (1 0) minutes

29 Only au~horized drivers with valid licenses can operate a taxi-licensed vehicle

30 Roof sign must be removed from vehicle when not on duty or involved in an accident

31 ALL DRIVERS ARE ADVISED THAT IT IS AGAINST THE LAW AND OJS TAXI COMPANY LIMITED POLICY TO REFUSE DOG GUIDES IN THEIR CABS REFUSAL WILL RESULT IN FINES AND DISCIPLINARY ACTION BY THE COMPANY

1st offence - 1 week suspension 2nd offence - 2 weeks suspension

3rd offence - Dismissal No longer working under the OJS roof sign

Accommodating Persons with Disabilities

The Management of OJS Taxi wishes to advise all its employees drivers and others operating under the OJS Taxi roof sign of the OJS Taxi policy with respect to blind passengers whether or not they use dog guides

Under the Blind Persons Rights Act of Ontario no person may either deny any person services customarily available to the public or discriminate against any person with respect to services available to the public for the reason that they are a blind person accompanied by a dog guide

Under the Ontario Human Rights Code every person has a right to equal treatment with respect to the supply of services which includes taxi services

Collective Agreement laquoCompanyraquo Page45

bull

without discrimination because of among other things a disability A disability includes any physical impairment such as being blind visually impaired deaf or hard of hearing

Guide Dogs and Taxi Services Many disabled persons are physically dependent on guide animals in their daily activities Canadians who are blind or visually impaired deaf or hard of hearing or who have other types of disabilities such as epilepsy are dependent on guide animals

Accommodation of these individuals necessitates that they be permitted to take their guide animals with them into taxi cabs Refusing to allow them to do so will infringe on their human rights and is against the Blind Persons Rights Act of Ontario and the Ontario Human Rights Code

This notice will simply repeat what should be apparent to you all that if a blind person with or without a dog guide is refused services by any OJS Taxi driver such actions will result in fines to the driver and other disciplinary action including the possibility of suspension by the Management of DJs Taxi Co Ltd

For more information regarding guide animals please review the attached pamphlet and information sheet published by Dog Guides Canada

Any inquiries concerning this policy should be directed to any member of the Management who will if it is required explain the policy to you

32 Drivers are not allowed in the dispatch office

33 All parking tickets will be paid by the rental driver responsible

34 In order to boost with Company owned taxicabs employees must request an obtain instruction from the garage manager or his designee on the proper method of boosting in order to reduce any risk of injury to the driver passenger and damage to the vehicle(s)

In the event of misuse employees at their discretion may be either disciplined in accordance with the principle of progressive discipline or have the option of reimbursing the Company for the cost of damaged parts

35 Any driver operating a taxi while his drivers license or taxi license is under suspension will be disciplined unless the driver can obtain written proof from the Ontario Ministry of Transport andor the appropriate taxi licensing authority that the driver did not receive evidence that hisher license was suspended or cancelled

36 When necessary or requested all elderly andor disabled customers are to be assisted in and out of taxicab at all times

Collective Agreement laquoCompanyraquo Page 46

37 No stealing fares

38 Drivers are not allowed to book no loads and run the fare

39 Drivers cannot refuse dispatched fares subject to article 1304 andor where the driver believes his safety or health is at risk

40 Failure to come to voice after two (2) requests by the Dispatch Supervisor will result in the Driver being suspended in the computer

41 Dispatch staff will not make phone calls for drivers unless it is an emergency situation

42 There shall be no personalization of any fares or trips placed through the Dispatch System of OJS Taxi except for returns east of but not including the Civic Hospital within the same twenty-four (24) hour period Where a return-call has been prearranged through the Dispatch System prior to the initial call being dispatched then the return-call cannot be personalized

43 Drivers will pay monies owed to the company by 400pm on the day that they are due No driver with an outstanding balance will be allowed to book on the sheet until their account is paid in full to the business office This means credited to their account and a receipt issued

44 Dispatchers shall give the line-up every thirty- (30) minutes except for the months of December January and February On implementation of the Computerized Dispatch this clause will be eliminated

45 All deliveries shall be given out as regular calls except where provided in this agreement and all employees shall have the option to refuse to deliver alcohol When a dispatcher requests a driver to call him for information concerning a delivery the dispatcher will first give the delivery address over the radio to ensure the delivery is being dispatched correctly

46 When drivers book out of their cars to attend scheduled complaint meeting appointments they shall be allowed to remain in their spot on the line up queue passed by for fares and treated by the dispatch as if they are no longer on the sheet

When the affected driver returns to his car and books back in he shall be returned to his position in the line up queue and given his next rightful fare

The maximum time a driver shall be allowed to book out for a complaint meeting is one half-hour

Collective Agreement laquoCompanyraquo Page 47

This rule shall only apply if the affected driver does not incur any discipline as a result of the complaint meeting

47 All cabs at DJS Taxi must have a mike clip and the clip must be used Drivers must pick up their mike when communicating

48 Drivers using vans as taxicabs must have and make use of (when requested or required) a portable step to assist passengers in and out of their vehicles

49 All taxicabs must be free of any body damage and any damage must be repaired within ninety- (90) days

50 Roof signs must be kept in good working order and condition with Company approved logo clearly visible front and rear

51 In order to ensure equipment is compatible with computer dispatch system all new radio equipment must be approved by the Company prior to installation

Collective Agreement laquoCompanyraquo Page48

SCHEDULE D CREDIT CARD POLICY amp PROCEDURES

DRIVERS MUST ACCEPT ALL COMPANY APPROVED CHARGES CREDIT AND DEBIT CARDS

DRIVERS MUST HAVE A POINT OF SALE UNIT AND A MANUAL PRINTER PER CURRENT BYLAW CITY OF OTTAWA

Due to the increased use of fraudulent Credit Cards by customers in taxicabs the following procedures have been developed to protect drivers from falling victim to Credit card fraud When accepting Credit cards the following rules must be followed

Credit and Debit Cards- the following rules must be followed

AUTHORIZATION OF ALL DEBIT AND CREDIT CARDS

All Credit Card slips must be authorized regardless of amount Verification is generally done after the fare is completed but verification of an estimated or known amount can be done prior to the completion of the trip if

bull The destination is beyond the radio coverage area bull The driver has reason(s) to suspect the validity of the card

INFORMATION REQUIRED FOR ACCEPTANCE OF DEBIT ANDOR CREDIT CARD SLIP FOR PAYMENT The completed Credit Card slip must contain all the following information

(a) Vehicle Number (pre-printed on POS slip if not to be written by hand at the bottom of the slip)

(b) Drivers ID Number and Initials (c) Amount of fare and gratuity (if applicable) (d) Authorization number (Pre-printed on POS slip) (e) Date of the fare (Pre-printed on POS slip) (f) The Debit or Credit Card must be swiped at all times (in the event that the

receipt does not print imprinting Credit Card only on manual imprinter is acceptable with customers signature but the imprint of the card number has to be clear) In the case of a swiped transaction part of the card number will display per Credit and Debit Card industry rules

(g) Customers signature clearly written (Credit Card only) marked TRANSACTION COPY We will accept the CUSTOMER COPY as long as it has the customers signature Debit POS slips are to be submitted marked TRANSACTION COPY NO SIGNATURE IS REQUIRED

Collective Agreement laquoCompanyraquo Page49

DISPUTES BY A CUSTOMER

Should a debit or credit card slip be disputed by the customer their bank or other financial institution the company will investigate If such investigation proves fraud or error by the driver the driver will be charged back for the full amount of the charge

If the disputed transaction was processed on a non-company unit a $500 plus HST charge plus the value of the charge will be debited to the drivers account The Company will refund the customer for the value of the charge

Should a customer andor driver report that the charge has been approved more than once the Company will investigate The Company does not allow any refunds in the taxicab Drivers can void a transaction but this must be done before Batch Closing the transaction A Void can only be done in the presence of the customer as the card (debit or credit) must be present The driver can then re-swipe the card for the correct amount The Company publishes a toll free number for customers or drivers to call with any concerns about a transaction If a customer has been charged more than once for the incorrect amount the following procedures apply

Credit Card

The Company will verify that the customer was charged multiple times or has been over-charged and issue a refund as necessary The Company will send a copy to the customer upon request All refunds are processed on a Point of Sale unit or Virtual Merchant (on-line) The Company may contact the driver to determine the validity of the customers details

Debit Card

The Company will verify that the customer was charged multiple times or has been overcharged and issue a cheque refund as necessary The Company keeps a copy of the cheque issued

GENERAL INFORMATIONGUIDELINES

1 If the driver has overcharged the customer and has been paid the incorrect amount the Company will adjust the drivers account and provide a receipt The Company maintains a log in the even there is a dispute by the driver or the customer If the driver reports the overcharge that is logged on a Customer Incident Form which has a Control Number

2 Hand written Credit Cards will not be accepted All Credit Cards must be passed through a manual imprinter which clearly shows the full credit card number If the credit card number is not clear and cannot be authorized

Collective Agreement laquoCompany Page 50

the driver will face debitchargeback of the amount as it cannot be authorized

3 The only Credit Cards accepted by Taxitab a division of Coventry Connections Inc are

i Visa ii Mastercard iii American Express

Note Visa Mastercard and American Express all issue prepaid credit cards these are all accepted

4 Taxitab a Division of Coventry Connections accepts Debit Cards for Canadian Financial Institutions Debit Cards for foreign banks may not

work on the unit Visa Mastercard have commenced issuing Debit Cards these are all accepted These cards are clearly marked on the face of the card with the Visa and Mastercard logos

5 The following items are to be checkedverified by the driver upon presentation of a Credit Car (a to d) Debit Card (d only)

CHECK LIST

(a) Expiry Date Ensure the card is valid Check to be sure that the Card is not being used beyond the expiry date printed on the card If the card is expired refuse to accept it

(b) Altered Cards Check to see if the card has been noticeably altered in any way If it has been refuse to accept it

(c) Card holders name and signature Check that the signature on the Credit Card slip is the same name printed on the card At the same time check that the signature is the same as the signature on the rear of the card If there is no signature on the rear of the card ask the customer to sign it as you are required to check this

If in doubt ask to see some other form of identification (preferably one with a picture and signature) that ensures that the person using the card is who they say they are

(d) Amount of fare and gratuity (if applicable) The amount of the Debit or Credit card slip must be equal to the amount of the fare and the gratuity (where applicable) Each amount should be entered in their respective places and only by the customer unless otherwise directed In the case of a Debit Card customer must always enter their PIN number to

Collective Agreement ltbullCompany Page 51

authorize the card Drivers must remind customer that the TIP field comes first followed by the PIN number

(e) $150 Surcharge

Debit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated by the City of Ottawa By-Law The $150 charge is prompted by the point of sale unit automatically The Driver receives 65cent of the $150 for every transaction

Credit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated in the City of Ottawa By-Law The $150 charge is NOT prompted by the point of sale unit automatically The driver adds the $150 to the metered amount and enters this total in the base amount field

6 CAUTIONS

7

(a)

(b)

(c)

Bank Card only have the Bank name on the card

Credit Cards are identified by the VISA MASTERCARD AMERICAN EXPRESS OR DINERS CLUB-ENROUTE symbols Only Cards with these symbols will be accepted

Credit Cards will have a holographic image on the face of the card

CASH ADVANCES

The use of Credit Cards for cash advances in the taxicab is not permitted Credit Cards must only be used in the taxicab for paying for an actual fare Anyone using a Credit Card in a taxicab to obtain cash advance is most likely using a stolen or fraudulent card

8 OUT OF TOWN FARES

For the drivers protection it is suggested that for fares going out of town and the customer wishes to pay by Credit Card it is recommended that the driver authorize the fare at the beginning of the trip (dispatcher can give an estimated amount) If there is a difference process the difference at the end of the trip There is a pre-authorization feature available for Credit Card only on the Point of Sale unit The Company can activate this on driver request but the driver must be

Collective Agreement ccCompany)) Page 52

bull

9

given correct training for this There are several steps involved with pre-authorization that must be followed before batch closing

BATCH CLOSING

Drivers must close transaction in the terminals at the end of their shift Credit Card authorizations only remain in the terminal for five (5) days after that the processor closes them automatically Drivers must batch close all credit cards no later than four (4) days in order for the items to appear on the batch close report

Batch Close reports will print separately for Debit and Credit Cards and list the details of the transactions in the terminals showing the card type and the last four (4) digits of the card involved This Batch close cannot be reprinted drivers must hold on to them Attach the slips to the Batch Close and bring to the cashier The cashier will verify the attached slips are on the batch close and proceed to pay or credit the driver assuming all slips are authorized and complete (as discussed above under (1) Authorization Procedures)

The following circumstances regarding Batch Closes will apply

(i) Batch Close with All Debit and Signed Credit Card slips- Driver will be paid or credited at time of presentation at a cashiering station

(ii) Batch Close- No Debit Slips if the batch close shows a Debit Slip and the driver has misplaced or lost the slip the Driver will be paid or credited at the time of presentation at a cashiering station

(iii) Batch Close No Credit Card Slip- No Slip No Payment at time of cashiering (driver is to go to Driver Admin in this instance) If the driver has a signed manual slip and the last 4 numbers of the card match those on the batch close the slip will be accepted by the cashier

NO BATCH CLOSE REPORT -If a Driver has lost or misplaced Batch Close report the Driver is to go straight to Driver Admin (not cashiering) The Driver is to bring the receipts (if there is a credit card slip with no signature there is a separate procedure for this below) he has for which he has not batch close Driver Admin will initiate a Batch Close Incident Report which has a Control Number for future reference The Procedure is as follows

(i) Driver Admin to Photocopy all Slips and write the Control from the Batch Close Incident Form on the photocopy and date the sheet The

Collective Agreement ccCompanyraquo Page 53

bull

bull

Driver is to keep this in the event of a dispute or apparent nonshypayment in account

(ii) Driver Admin will complete the top copy of the report attach a copy of the slips The Driver will complete the bottom part of the report and sign it

(iii) Management will need 72 hours (three business days) from the date of Incident Report to investigate the transaction has been settled in the POS unit

(iv) Providing Management confirms the transaction is complete the slips will be credited to the Drivers account and a receipt will be printed A copy of the receipt is attached to the Batch Close Incident Report The Control from the Form is entered when the the amount is credited for reference A receipt can be printed at that time by cashier

(v) In the event that a driver does not have a Batch Close and presents a credit card slip with no signature the following will apply

(vi) If the Driver experiences a problem with the Batch Close or operation of the unit the Driver is to bring the unit to the office during normal hours Management will investigate the issue and call Driver to reshyissue the unit completing paperwork for the replacement unit which the driver will sign

Any driver attempting to defraud a customer by processing a debit or credit slip more than once will be terminated

Collective Agreement laquoCompany)) Page 54

bull

bull

SCHEDULE E STOLEN FARE POLICY

Whenever the Dispatch Supervisor receives a complaint that a fare either dispatched to the complainant or from within the same block of taxi standconcession on which the complainant is parked has been stolen and the identification of the accused is made known the Supervisor shall

(a) Bring the accused to voice and notify himher of the allegations

(b) Inform the complainant that a deposit of forty dollars ($4000) must accompany his accusation and to be deposited within one (1) hour of the complaint Where applicable inform the complainant that the accused wishes to challenge the allegations and the date and time of the hearing shall be known to both parties

(c) A failure of either party to attend the hearing will result in an additional fine of forty dollars ($4000) to be paid within sixty (60) minutes of the conclusion of the hearing or a suspension ob the absent party until payment is received

(d) Inform the accused of the available options

(i) Arrange for repayment of the fare in its entirety to a minimum of forty dollars ($4000) to the complainant a Union representative or the Company on behalf of the complainant within sixty (60) minutes or

(ii) If the allegation is being denied and the accused wishes to refute it forty dollars ($4000) must be deposited at the dispatch office within sixty (60) minutes with a notification to the Dispatch Supervisor that the allegation is being challenged

Where the accused fails to respond to two (2) voice messages or refuses to comply with (c) the accused shall have dispatch services suspended until in compliance or the Company receives instructions from a Union Representative to do otherwise

The penalty for a wrongful accusation is the payment of forty dollars ($4000) to the accused by the accuser in addition to the return of the accuseds deposited payment

It is understood and agreed that the action(s) of the Dispatch Supervisor(s) in the compliance of this Policy is not to be construed as a determination of who is the guilty party In all disputes regarding stolen fares the Committee shall make the final determination with respect to guilt

Collective Agreement laquoCompany Page 55

bull

bull

Note Such fare(s) will not be considered as Stolen Fare(s) if picked up by driver(s) arriving on the Concession(s)Taxi Stand(s) prior the driver(s) who accepted the dispatched fare(s)

Collective Agreement ((Company Page 56

bull bull

APPENDIX 1

PLATE CAR LESSEE IND START LESSEE START

1 1027 5027 ADAM GRANT 1 91111986 111987

2 1015 5015 TIMS VAUGHN 411995 411995

3 1043 5043 MARTON FERENC G 10251995 10251995

4 1050 5050 DUBOIS JOHN 12111994 311996

5 1048 5048 SUNIL JOSHI 1111994 711996

6 1030 5030 SLIM MOHAMED 711996 7111996

7 1041 5041 JAMALEDDINE ZAHER 911996 911996

8 1040 5040 MAHEUX FRANK 11151996 181997

9 1109 1 5109 ASTLEY JAMES 1011994 1131997

10 1045 5045 MELHEM SAMIR 1211996 9211997

11 1028 5028 LABINE ANTHONY 10151980 11281997

12 1054 5054 ELmiddotNEMER NEMER 11131997 21271998

13 1113 5113 WEAGANT BROCK C 82211988 3131998

i

14 1039 5039 SOBH HAC HEM 11171997 5111998

15 1044 1 5044 MOUFARREJ RAYMOND 10241996 1161998

16 1042 5042 MCCONVILLE BILL 311992 11111998

17 1107 5107 GIANNAKOS LOUIS I 9111997 491999

18 1026 5026 VERMA LALIT 51261996 5311999

19 1033 5033 MITCHELL BRUCE 111987 9301999

i

20 1108 5108 PAPPAS CHRISTINE 121111991 1041999

rmiddot 1014 5014 NYTRA BEDRICH 961996 3302000

22 1000 5000 ABOUmiddotARRAG SAM I 611997 7132000

23 1038 5038 MUNROE JOHN 1111977 492001

24 1022 5022 RADULESCU GELU 611999 5232002

25 1139 5139 HASSOUN I MOUFID 71211999 8152002

26 1006 5006 SADER I GHASSAN 6211999 292004

27 1029 5029 CLAYTON GREG 911980 21132004

Collective Agreement ccCompany Page 57

bull

28 1034 5034 IBRAHIM 12301995 4302004

29 1037 5037 ABDALLA HASSAN I 3312000 2202006

30 1010 5010 HASSOUN AD NAN 8272001 312006

31 1031 MASSOUD 1241998 312006

32 1 1o35 5035 JANCO 911992 362006

1 33 1036 5036 SINGH BALWANT 92211999 3172006

Collective Agreement ltltCompanyraquo Page 58

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 48: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

bull

without discrimination because of among other things a disability A disability includes any physical impairment such as being blind visually impaired deaf or hard of hearing

Guide Dogs and Taxi Services Many disabled persons are physically dependent on guide animals in their daily activities Canadians who are blind or visually impaired deaf or hard of hearing or who have other types of disabilities such as epilepsy are dependent on guide animals

Accommodation of these individuals necessitates that they be permitted to take their guide animals with them into taxi cabs Refusing to allow them to do so will infringe on their human rights and is against the Blind Persons Rights Act of Ontario and the Ontario Human Rights Code

This notice will simply repeat what should be apparent to you all that if a blind person with or without a dog guide is refused services by any OJS Taxi driver such actions will result in fines to the driver and other disciplinary action including the possibility of suspension by the Management of DJs Taxi Co Ltd

For more information regarding guide animals please review the attached pamphlet and information sheet published by Dog Guides Canada

Any inquiries concerning this policy should be directed to any member of the Management who will if it is required explain the policy to you

32 Drivers are not allowed in the dispatch office

33 All parking tickets will be paid by the rental driver responsible

34 In order to boost with Company owned taxicabs employees must request an obtain instruction from the garage manager or his designee on the proper method of boosting in order to reduce any risk of injury to the driver passenger and damage to the vehicle(s)

In the event of misuse employees at their discretion may be either disciplined in accordance with the principle of progressive discipline or have the option of reimbursing the Company for the cost of damaged parts

35 Any driver operating a taxi while his drivers license or taxi license is under suspension will be disciplined unless the driver can obtain written proof from the Ontario Ministry of Transport andor the appropriate taxi licensing authority that the driver did not receive evidence that hisher license was suspended or cancelled

36 When necessary or requested all elderly andor disabled customers are to be assisted in and out of taxicab at all times

Collective Agreement laquoCompanyraquo Page 46

37 No stealing fares

38 Drivers are not allowed to book no loads and run the fare

39 Drivers cannot refuse dispatched fares subject to article 1304 andor where the driver believes his safety or health is at risk

40 Failure to come to voice after two (2) requests by the Dispatch Supervisor will result in the Driver being suspended in the computer

41 Dispatch staff will not make phone calls for drivers unless it is an emergency situation

42 There shall be no personalization of any fares or trips placed through the Dispatch System of OJS Taxi except for returns east of but not including the Civic Hospital within the same twenty-four (24) hour period Where a return-call has been prearranged through the Dispatch System prior to the initial call being dispatched then the return-call cannot be personalized

43 Drivers will pay monies owed to the company by 400pm on the day that they are due No driver with an outstanding balance will be allowed to book on the sheet until their account is paid in full to the business office This means credited to their account and a receipt issued

44 Dispatchers shall give the line-up every thirty- (30) minutes except for the months of December January and February On implementation of the Computerized Dispatch this clause will be eliminated

45 All deliveries shall be given out as regular calls except where provided in this agreement and all employees shall have the option to refuse to deliver alcohol When a dispatcher requests a driver to call him for information concerning a delivery the dispatcher will first give the delivery address over the radio to ensure the delivery is being dispatched correctly

46 When drivers book out of their cars to attend scheduled complaint meeting appointments they shall be allowed to remain in their spot on the line up queue passed by for fares and treated by the dispatch as if they are no longer on the sheet

When the affected driver returns to his car and books back in he shall be returned to his position in the line up queue and given his next rightful fare

The maximum time a driver shall be allowed to book out for a complaint meeting is one half-hour

Collective Agreement laquoCompanyraquo Page 47

This rule shall only apply if the affected driver does not incur any discipline as a result of the complaint meeting

47 All cabs at DJS Taxi must have a mike clip and the clip must be used Drivers must pick up their mike when communicating

48 Drivers using vans as taxicabs must have and make use of (when requested or required) a portable step to assist passengers in and out of their vehicles

49 All taxicabs must be free of any body damage and any damage must be repaired within ninety- (90) days

50 Roof signs must be kept in good working order and condition with Company approved logo clearly visible front and rear

51 In order to ensure equipment is compatible with computer dispatch system all new radio equipment must be approved by the Company prior to installation

Collective Agreement laquoCompanyraquo Page48

SCHEDULE D CREDIT CARD POLICY amp PROCEDURES

DRIVERS MUST ACCEPT ALL COMPANY APPROVED CHARGES CREDIT AND DEBIT CARDS

DRIVERS MUST HAVE A POINT OF SALE UNIT AND A MANUAL PRINTER PER CURRENT BYLAW CITY OF OTTAWA

Due to the increased use of fraudulent Credit Cards by customers in taxicabs the following procedures have been developed to protect drivers from falling victim to Credit card fraud When accepting Credit cards the following rules must be followed

Credit and Debit Cards- the following rules must be followed

AUTHORIZATION OF ALL DEBIT AND CREDIT CARDS

All Credit Card slips must be authorized regardless of amount Verification is generally done after the fare is completed but verification of an estimated or known amount can be done prior to the completion of the trip if

bull The destination is beyond the radio coverage area bull The driver has reason(s) to suspect the validity of the card

INFORMATION REQUIRED FOR ACCEPTANCE OF DEBIT ANDOR CREDIT CARD SLIP FOR PAYMENT The completed Credit Card slip must contain all the following information

(a) Vehicle Number (pre-printed on POS slip if not to be written by hand at the bottom of the slip)

(b) Drivers ID Number and Initials (c) Amount of fare and gratuity (if applicable) (d) Authorization number (Pre-printed on POS slip) (e) Date of the fare (Pre-printed on POS slip) (f) The Debit or Credit Card must be swiped at all times (in the event that the

receipt does not print imprinting Credit Card only on manual imprinter is acceptable with customers signature but the imprint of the card number has to be clear) In the case of a swiped transaction part of the card number will display per Credit and Debit Card industry rules

(g) Customers signature clearly written (Credit Card only) marked TRANSACTION COPY We will accept the CUSTOMER COPY as long as it has the customers signature Debit POS slips are to be submitted marked TRANSACTION COPY NO SIGNATURE IS REQUIRED

Collective Agreement laquoCompanyraquo Page49

DISPUTES BY A CUSTOMER

Should a debit or credit card slip be disputed by the customer their bank or other financial institution the company will investigate If such investigation proves fraud or error by the driver the driver will be charged back for the full amount of the charge

If the disputed transaction was processed on a non-company unit a $500 plus HST charge plus the value of the charge will be debited to the drivers account The Company will refund the customer for the value of the charge

Should a customer andor driver report that the charge has been approved more than once the Company will investigate The Company does not allow any refunds in the taxicab Drivers can void a transaction but this must be done before Batch Closing the transaction A Void can only be done in the presence of the customer as the card (debit or credit) must be present The driver can then re-swipe the card for the correct amount The Company publishes a toll free number for customers or drivers to call with any concerns about a transaction If a customer has been charged more than once for the incorrect amount the following procedures apply

Credit Card

The Company will verify that the customer was charged multiple times or has been over-charged and issue a refund as necessary The Company will send a copy to the customer upon request All refunds are processed on a Point of Sale unit or Virtual Merchant (on-line) The Company may contact the driver to determine the validity of the customers details

Debit Card

The Company will verify that the customer was charged multiple times or has been overcharged and issue a cheque refund as necessary The Company keeps a copy of the cheque issued

GENERAL INFORMATIONGUIDELINES

1 If the driver has overcharged the customer and has been paid the incorrect amount the Company will adjust the drivers account and provide a receipt The Company maintains a log in the even there is a dispute by the driver or the customer If the driver reports the overcharge that is logged on a Customer Incident Form which has a Control Number

2 Hand written Credit Cards will not be accepted All Credit Cards must be passed through a manual imprinter which clearly shows the full credit card number If the credit card number is not clear and cannot be authorized

Collective Agreement laquoCompany Page 50

the driver will face debitchargeback of the amount as it cannot be authorized

3 The only Credit Cards accepted by Taxitab a division of Coventry Connections Inc are

i Visa ii Mastercard iii American Express

Note Visa Mastercard and American Express all issue prepaid credit cards these are all accepted

4 Taxitab a Division of Coventry Connections accepts Debit Cards for Canadian Financial Institutions Debit Cards for foreign banks may not

work on the unit Visa Mastercard have commenced issuing Debit Cards these are all accepted These cards are clearly marked on the face of the card with the Visa and Mastercard logos

5 The following items are to be checkedverified by the driver upon presentation of a Credit Car (a to d) Debit Card (d only)

CHECK LIST

(a) Expiry Date Ensure the card is valid Check to be sure that the Card is not being used beyond the expiry date printed on the card If the card is expired refuse to accept it

(b) Altered Cards Check to see if the card has been noticeably altered in any way If it has been refuse to accept it

(c) Card holders name and signature Check that the signature on the Credit Card slip is the same name printed on the card At the same time check that the signature is the same as the signature on the rear of the card If there is no signature on the rear of the card ask the customer to sign it as you are required to check this

If in doubt ask to see some other form of identification (preferably one with a picture and signature) that ensures that the person using the card is who they say they are

(d) Amount of fare and gratuity (if applicable) The amount of the Debit or Credit card slip must be equal to the amount of the fare and the gratuity (where applicable) Each amount should be entered in their respective places and only by the customer unless otherwise directed In the case of a Debit Card customer must always enter their PIN number to

Collective Agreement ltbullCompany Page 51

authorize the card Drivers must remind customer that the TIP field comes first followed by the PIN number

(e) $150 Surcharge

Debit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated by the City of Ottawa By-Law The $150 charge is prompted by the point of sale unit automatically The Driver receives 65cent of the $150 for every transaction

Credit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated in the City of Ottawa By-Law The $150 charge is NOT prompted by the point of sale unit automatically The driver adds the $150 to the metered amount and enters this total in the base amount field

6 CAUTIONS

7

(a)

(b)

(c)

Bank Card only have the Bank name on the card

Credit Cards are identified by the VISA MASTERCARD AMERICAN EXPRESS OR DINERS CLUB-ENROUTE symbols Only Cards with these symbols will be accepted

Credit Cards will have a holographic image on the face of the card

CASH ADVANCES

The use of Credit Cards for cash advances in the taxicab is not permitted Credit Cards must only be used in the taxicab for paying for an actual fare Anyone using a Credit Card in a taxicab to obtain cash advance is most likely using a stolen or fraudulent card

8 OUT OF TOWN FARES

For the drivers protection it is suggested that for fares going out of town and the customer wishes to pay by Credit Card it is recommended that the driver authorize the fare at the beginning of the trip (dispatcher can give an estimated amount) If there is a difference process the difference at the end of the trip There is a pre-authorization feature available for Credit Card only on the Point of Sale unit The Company can activate this on driver request but the driver must be

Collective Agreement ccCompany)) Page 52

bull

9

given correct training for this There are several steps involved with pre-authorization that must be followed before batch closing

BATCH CLOSING

Drivers must close transaction in the terminals at the end of their shift Credit Card authorizations only remain in the terminal for five (5) days after that the processor closes them automatically Drivers must batch close all credit cards no later than four (4) days in order for the items to appear on the batch close report

Batch Close reports will print separately for Debit and Credit Cards and list the details of the transactions in the terminals showing the card type and the last four (4) digits of the card involved This Batch close cannot be reprinted drivers must hold on to them Attach the slips to the Batch Close and bring to the cashier The cashier will verify the attached slips are on the batch close and proceed to pay or credit the driver assuming all slips are authorized and complete (as discussed above under (1) Authorization Procedures)

The following circumstances regarding Batch Closes will apply

(i) Batch Close with All Debit and Signed Credit Card slips- Driver will be paid or credited at time of presentation at a cashiering station

(ii) Batch Close- No Debit Slips if the batch close shows a Debit Slip and the driver has misplaced or lost the slip the Driver will be paid or credited at the time of presentation at a cashiering station

(iii) Batch Close No Credit Card Slip- No Slip No Payment at time of cashiering (driver is to go to Driver Admin in this instance) If the driver has a signed manual slip and the last 4 numbers of the card match those on the batch close the slip will be accepted by the cashier

NO BATCH CLOSE REPORT -If a Driver has lost or misplaced Batch Close report the Driver is to go straight to Driver Admin (not cashiering) The Driver is to bring the receipts (if there is a credit card slip with no signature there is a separate procedure for this below) he has for which he has not batch close Driver Admin will initiate a Batch Close Incident Report which has a Control Number for future reference The Procedure is as follows

(i) Driver Admin to Photocopy all Slips and write the Control from the Batch Close Incident Form on the photocopy and date the sheet The

Collective Agreement ccCompanyraquo Page 53

bull

bull

Driver is to keep this in the event of a dispute or apparent nonshypayment in account

(ii) Driver Admin will complete the top copy of the report attach a copy of the slips The Driver will complete the bottom part of the report and sign it

(iii) Management will need 72 hours (three business days) from the date of Incident Report to investigate the transaction has been settled in the POS unit

(iv) Providing Management confirms the transaction is complete the slips will be credited to the Drivers account and a receipt will be printed A copy of the receipt is attached to the Batch Close Incident Report The Control from the Form is entered when the the amount is credited for reference A receipt can be printed at that time by cashier

(v) In the event that a driver does not have a Batch Close and presents a credit card slip with no signature the following will apply

(vi) If the Driver experiences a problem with the Batch Close or operation of the unit the Driver is to bring the unit to the office during normal hours Management will investigate the issue and call Driver to reshyissue the unit completing paperwork for the replacement unit which the driver will sign

Any driver attempting to defraud a customer by processing a debit or credit slip more than once will be terminated

Collective Agreement laquoCompany)) Page 54

bull

bull

SCHEDULE E STOLEN FARE POLICY

Whenever the Dispatch Supervisor receives a complaint that a fare either dispatched to the complainant or from within the same block of taxi standconcession on which the complainant is parked has been stolen and the identification of the accused is made known the Supervisor shall

(a) Bring the accused to voice and notify himher of the allegations

(b) Inform the complainant that a deposit of forty dollars ($4000) must accompany his accusation and to be deposited within one (1) hour of the complaint Where applicable inform the complainant that the accused wishes to challenge the allegations and the date and time of the hearing shall be known to both parties

(c) A failure of either party to attend the hearing will result in an additional fine of forty dollars ($4000) to be paid within sixty (60) minutes of the conclusion of the hearing or a suspension ob the absent party until payment is received

(d) Inform the accused of the available options

(i) Arrange for repayment of the fare in its entirety to a minimum of forty dollars ($4000) to the complainant a Union representative or the Company on behalf of the complainant within sixty (60) minutes or

(ii) If the allegation is being denied and the accused wishes to refute it forty dollars ($4000) must be deposited at the dispatch office within sixty (60) minutes with a notification to the Dispatch Supervisor that the allegation is being challenged

Where the accused fails to respond to two (2) voice messages or refuses to comply with (c) the accused shall have dispatch services suspended until in compliance or the Company receives instructions from a Union Representative to do otherwise

The penalty for a wrongful accusation is the payment of forty dollars ($4000) to the accused by the accuser in addition to the return of the accuseds deposited payment

It is understood and agreed that the action(s) of the Dispatch Supervisor(s) in the compliance of this Policy is not to be construed as a determination of who is the guilty party In all disputes regarding stolen fares the Committee shall make the final determination with respect to guilt

Collective Agreement laquoCompany Page 55

bull

bull

Note Such fare(s) will not be considered as Stolen Fare(s) if picked up by driver(s) arriving on the Concession(s)Taxi Stand(s) prior the driver(s) who accepted the dispatched fare(s)

Collective Agreement ((Company Page 56

bull bull

APPENDIX 1

PLATE CAR LESSEE IND START LESSEE START

1 1027 5027 ADAM GRANT 1 91111986 111987

2 1015 5015 TIMS VAUGHN 411995 411995

3 1043 5043 MARTON FERENC G 10251995 10251995

4 1050 5050 DUBOIS JOHN 12111994 311996

5 1048 5048 SUNIL JOSHI 1111994 711996

6 1030 5030 SLIM MOHAMED 711996 7111996

7 1041 5041 JAMALEDDINE ZAHER 911996 911996

8 1040 5040 MAHEUX FRANK 11151996 181997

9 1109 1 5109 ASTLEY JAMES 1011994 1131997

10 1045 5045 MELHEM SAMIR 1211996 9211997

11 1028 5028 LABINE ANTHONY 10151980 11281997

12 1054 5054 ELmiddotNEMER NEMER 11131997 21271998

13 1113 5113 WEAGANT BROCK C 82211988 3131998

i

14 1039 5039 SOBH HAC HEM 11171997 5111998

15 1044 1 5044 MOUFARREJ RAYMOND 10241996 1161998

16 1042 5042 MCCONVILLE BILL 311992 11111998

17 1107 5107 GIANNAKOS LOUIS I 9111997 491999

18 1026 5026 VERMA LALIT 51261996 5311999

19 1033 5033 MITCHELL BRUCE 111987 9301999

i

20 1108 5108 PAPPAS CHRISTINE 121111991 1041999

rmiddot 1014 5014 NYTRA BEDRICH 961996 3302000

22 1000 5000 ABOUmiddotARRAG SAM I 611997 7132000

23 1038 5038 MUNROE JOHN 1111977 492001

24 1022 5022 RADULESCU GELU 611999 5232002

25 1139 5139 HASSOUN I MOUFID 71211999 8152002

26 1006 5006 SADER I GHASSAN 6211999 292004

27 1029 5029 CLAYTON GREG 911980 21132004

Collective Agreement ccCompany Page 57

bull

28 1034 5034 IBRAHIM 12301995 4302004

29 1037 5037 ABDALLA HASSAN I 3312000 2202006

30 1010 5010 HASSOUN AD NAN 8272001 312006

31 1031 MASSOUD 1241998 312006

32 1 1o35 5035 JANCO 911992 362006

1 33 1036 5036 SINGH BALWANT 92211999 3172006

Collective Agreement ltltCompanyraquo Page 58

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 49: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

37 No stealing fares

38 Drivers are not allowed to book no loads and run the fare

39 Drivers cannot refuse dispatched fares subject to article 1304 andor where the driver believes his safety or health is at risk

40 Failure to come to voice after two (2) requests by the Dispatch Supervisor will result in the Driver being suspended in the computer

41 Dispatch staff will not make phone calls for drivers unless it is an emergency situation

42 There shall be no personalization of any fares or trips placed through the Dispatch System of OJS Taxi except for returns east of but not including the Civic Hospital within the same twenty-four (24) hour period Where a return-call has been prearranged through the Dispatch System prior to the initial call being dispatched then the return-call cannot be personalized

43 Drivers will pay monies owed to the company by 400pm on the day that they are due No driver with an outstanding balance will be allowed to book on the sheet until their account is paid in full to the business office This means credited to their account and a receipt issued

44 Dispatchers shall give the line-up every thirty- (30) minutes except for the months of December January and February On implementation of the Computerized Dispatch this clause will be eliminated

45 All deliveries shall be given out as regular calls except where provided in this agreement and all employees shall have the option to refuse to deliver alcohol When a dispatcher requests a driver to call him for information concerning a delivery the dispatcher will first give the delivery address over the radio to ensure the delivery is being dispatched correctly

46 When drivers book out of their cars to attend scheduled complaint meeting appointments they shall be allowed to remain in their spot on the line up queue passed by for fares and treated by the dispatch as if they are no longer on the sheet

When the affected driver returns to his car and books back in he shall be returned to his position in the line up queue and given his next rightful fare

The maximum time a driver shall be allowed to book out for a complaint meeting is one half-hour

Collective Agreement laquoCompanyraquo Page 47

This rule shall only apply if the affected driver does not incur any discipline as a result of the complaint meeting

47 All cabs at DJS Taxi must have a mike clip and the clip must be used Drivers must pick up their mike when communicating

48 Drivers using vans as taxicabs must have and make use of (when requested or required) a portable step to assist passengers in and out of their vehicles

49 All taxicabs must be free of any body damage and any damage must be repaired within ninety- (90) days

50 Roof signs must be kept in good working order and condition with Company approved logo clearly visible front and rear

51 In order to ensure equipment is compatible with computer dispatch system all new radio equipment must be approved by the Company prior to installation

Collective Agreement laquoCompanyraquo Page48

SCHEDULE D CREDIT CARD POLICY amp PROCEDURES

DRIVERS MUST ACCEPT ALL COMPANY APPROVED CHARGES CREDIT AND DEBIT CARDS

DRIVERS MUST HAVE A POINT OF SALE UNIT AND A MANUAL PRINTER PER CURRENT BYLAW CITY OF OTTAWA

Due to the increased use of fraudulent Credit Cards by customers in taxicabs the following procedures have been developed to protect drivers from falling victim to Credit card fraud When accepting Credit cards the following rules must be followed

Credit and Debit Cards- the following rules must be followed

AUTHORIZATION OF ALL DEBIT AND CREDIT CARDS

All Credit Card slips must be authorized regardless of amount Verification is generally done after the fare is completed but verification of an estimated or known amount can be done prior to the completion of the trip if

bull The destination is beyond the radio coverage area bull The driver has reason(s) to suspect the validity of the card

INFORMATION REQUIRED FOR ACCEPTANCE OF DEBIT ANDOR CREDIT CARD SLIP FOR PAYMENT The completed Credit Card slip must contain all the following information

(a) Vehicle Number (pre-printed on POS slip if not to be written by hand at the bottom of the slip)

(b) Drivers ID Number and Initials (c) Amount of fare and gratuity (if applicable) (d) Authorization number (Pre-printed on POS slip) (e) Date of the fare (Pre-printed on POS slip) (f) The Debit or Credit Card must be swiped at all times (in the event that the

receipt does not print imprinting Credit Card only on manual imprinter is acceptable with customers signature but the imprint of the card number has to be clear) In the case of a swiped transaction part of the card number will display per Credit and Debit Card industry rules

(g) Customers signature clearly written (Credit Card only) marked TRANSACTION COPY We will accept the CUSTOMER COPY as long as it has the customers signature Debit POS slips are to be submitted marked TRANSACTION COPY NO SIGNATURE IS REQUIRED

Collective Agreement laquoCompanyraquo Page49

DISPUTES BY A CUSTOMER

Should a debit or credit card slip be disputed by the customer their bank or other financial institution the company will investigate If such investigation proves fraud or error by the driver the driver will be charged back for the full amount of the charge

If the disputed transaction was processed on a non-company unit a $500 plus HST charge plus the value of the charge will be debited to the drivers account The Company will refund the customer for the value of the charge

Should a customer andor driver report that the charge has been approved more than once the Company will investigate The Company does not allow any refunds in the taxicab Drivers can void a transaction but this must be done before Batch Closing the transaction A Void can only be done in the presence of the customer as the card (debit or credit) must be present The driver can then re-swipe the card for the correct amount The Company publishes a toll free number for customers or drivers to call with any concerns about a transaction If a customer has been charged more than once for the incorrect amount the following procedures apply

Credit Card

The Company will verify that the customer was charged multiple times or has been over-charged and issue a refund as necessary The Company will send a copy to the customer upon request All refunds are processed on a Point of Sale unit or Virtual Merchant (on-line) The Company may contact the driver to determine the validity of the customers details

Debit Card

The Company will verify that the customer was charged multiple times or has been overcharged and issue a cheque refund as necessary The Company keeps a copy of the cheque issued

GENERAL INFORMATIONGUIDELINES

1 If the driver has overcharged the customer and has been paid the incorrect amount the Company will adjust the drivers account and provide a receipt The Company maintains a log in the even there is a dispute by the driver or the customer If the driver reports the overcharge that is logged on a Customer Incident Form which has a Control Number

2 Hand written Credit Cards will not be accepted All Credit Cards must be passed through a manual imprinter which clearly shows the full credit card number If the credit card number is not clear and cannot be authorized

Collective Agreement laquoCompany Page 50

the driver will face debitchargeback of the amount as it cannot be authorized

3 The only Credit Cards accepted by Taxitab a division of Coventry Connections Inc are

i Visa ii Mastercard iii American Express

Note Visa Mastercard and American Express all issue prepaid credit cards these are all accepted

4 Taxitab a Division of Coventry Connections accepts Debit Cards for Canadian Financial Institutions Debit Cards for foreign banks may not

work on the unit Visa Mastercard have commenced issuing Debit Cards these are all accepted These cards are clearly marked on the face of the card with the Visa and Mastercard logos

5 The following items are to be checkedverified by the driver upon presentation of a Credit Car (a to d) Debit Card (d only)

CHECK LIST

(a) Expiry Date Ensure the card is valid Check to be sure that the Card is not being used beyond the expiry date printed on the card If the card is expired refuse to accept it

(b) Altered Cards Check to see if the card has been noticeably altered in any way If it has been refuse to accept it

(c) Card holders name and signature Check that the signature on the Credit Card slip is the same name printed on the card At the same time check that the signature is the same as the signature on the rear of the card If there is no signature on the rear of the card ask the customer to sign it as you are required to check this

If in doubt ask to see some other form of identification (preferably one with a picture and signature) that ensures that the person using the card is who they say they are

(d) Amount of fare and gratuity (if applicable) The amount of the Debit or Credit card slip must be equal to the amount of the fare and the gratuity (where applicable) Each amount should be entered in their respective places and only by the customer unless otherwise directed In the case of a Debit Card customer must always enter their PIN number to

Collective Agreement ltbullCompany Page 51

authorize the card Drivers must remind customer that the TIP field comes first followed by the PIN number

(e) $150 Surcharge

Debit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated by the City of Ottawa By-Law The $150 charge is prompted by the point of sale unit automatically The Driver receives 65cent of the $150 for every transaction

Credit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated in the City of Ottawa By-Law The $150 charge is NOT prompted by the point of sale unit automatically The driver adds the $150 to the metered amount and enters this total in the base amount field

6 CAUTIONS

7

(a)

(b)

(c)

Bank Card only have the Bank name on the card

Credit Cards are identified by the VISA MASTERCARD AMERICAN EXPRESS OR DINERS CLUB-ENROUTE symbols Only Cards with these symbols will be accepted

Credit Cards will have a holographic image on the face of the card

CASH ADVANCES

The use of Credit Cards for cash advances in the taxicab is not permitted Credit Cards must only be used in the taxicab for paying for an actual fare Anyone using a Credit Card in a taxicab to obtain cash advance is most likely using a stolen or fraudulent card

8 OUT OF TOWN FARES

For the drivers protection it is suggested that for fares going out of town and the customer wishes to pay by Credit Card it is recommended that the driver authorize the fare at the beginning of the trip (dispatcher can give an estimated amount) If there is a difference process the difference at the end of the trip There is a pre-authorization feature available for Credit Card only on the Point of Sale unit The Company can activate this on driver request but the driver must be

Collective Agreement ccCompany)) Page 52

bull

9

given correct training for this There are several steps involved with pre-authorization that must be followed before batch closing

BATCH CLOSING

Drivers must close transaction in the terminals at the end of their shift Credit Card authorizations only remain in the terminal for five (5) days after that the processor closes them automatically Drivers must batch close all credit cards no later than four (4) days in order for the items to appear on the batch close report

Batch Close reports will print separately for Debit and Credit Cards and list the details of the transactions in the terminals showing the card type and the last four (4) digits of the card involved This Batch close cannot be reprinted drivers must hold on to them Attach the slips to the Batch Close and bring to the cashier The cashier will verify the attached slips are on the batch close and proceed to pay or credit the driver assuming all slips are authorized and complete (as discussed above under (1) Authorization Procedures)

The following circumstances regarding Batch Closes will apply

(i) Batch Close with All Debit and Signed Credit Card slips- Driver will be paid or credited at time of presentation at a cashiering station

(ii) Batch Close- No Debit Slips if the batch close shows a Debit Slip and the driver has misplaced or lost the slip the Driver will be paid or credited at the time of presentation at a cashiering station

(iii) Batch Close No Credit Card Slip- No Slip No Payment at time of cashiering (driver is to go to Driver Admin in this instance) If the driver has a signed manual slip and the last 4 numbers of the card match those on the batch close the slip will be accepted by the cashier

NO BATCH CLOSE REPORT -If a Driver has lost or misplaced Batch Close report the Driver is to go straight to Driver Admin (not cashiering) The Driver is to bring the receipts (if there is a credit card slip with no signature there is a separate procedure for this below) he has for which he has not batch close Driver Admin will initiate a Batch Close Incident Report which has a Control Number for future reference The Procedure is as follows

(i) Driver Admin to Photocopy all Slips and write the Control from the Batch Close Incident Form on the photocopy and date the sheet The

Collective Agreement ccCompanyraquo Page 53

bull

bull

Driver is to keep this in the event of a dispute or apparent nonshypayment in account

(ii) Driver Admin will complete the top copy of the report attach a copy of the slips The Driver will complete the bottom part of the report and sign it

(iii) Management will need 72 hours (three business days) from the date of Incident Report to investigate the transaction has been settled in the POS unit

(iv) Providing Management confirms the transaction is complete the slips will be credited to the Drivers account and a receipt will be printed A copy of the receipt is attached to the Batch Close Incident Report The Control from the Form is entered when the the amount is credited for reference A receipt can be printed at that time by cashier

(v) In the event that a driver does not have a Batch Close and presents a credit card slip with no signature the following will apply

(vi) If the Driver experiences a problem with the Batch Close or operation of the unit the Driver is to bring the unit to the office during normal hours Management will investigate the issue and call Driver to reshyissue the unit completing paperwork for the replacement unit which the driver will sign

Any driver attempting to defraud a customer by processing a debit or credit slip more than once will be terminated

Collective Agreement laquoCompany)) Page 54

bull

bull

SCHEDULE E STOLEN FARE POLICY

Whenever the Dispatch Supervisor receives a complaint that a fare either dispatched to the complainant or from within the same block of taxi standconcession on which the complainant is parked has been stolen and the identification of the accused is made known the Supervisor shall

(a) Bring the accused to voice and notify himher of the allegations

(b) Inform the complainant that a deposit of forty dollars ($4000) must accompany his accusation and to be deposited within one (1) hour of the complaint Where applicable inform the complainant that the accused wishes to challenge the allegations and the date and time of the hearing shall be known to both parties

(c) A failure of either party to attend the hearing will result in an additional fine of forty dollars ($4000) to be paid within sixty (60) minutes of the conclusion of the hearing or a suspension ob the absent party until payment is received

(d) Inform the accused of the available options

(i) Arrange for repayment of the fare in its entirety to a minimum of forty dollars ($4000) to the complainant a Union representative or the Company on behalf of the complainant within sixty (60) minutes or

(ii) If the allegation is being denied and the accused wishes to refute it forty dollars ($4000) must be deposited at the dispatch office within sixty (60) minutes with a notification to the Dispatch Supervisor that the allegation is being challenged

Where the accused fails to respond to two (2) voice messages or refuses to comply with (c) the accused shall have dispatch services suspended until in compliance or the Company receives instructions from a Union Representative to do otherwise

The penalty for a wrongful accusation is the payment of forty dollars ($4000) to the accused by the accuser in addition to the return of the accuseds deposited payment

It is understood and agreed that the action(s) of the Dispatch Supervisor(s) in the compliance of this Policy is not to be construed as a determination of who is the guilty party In all disputes regarding stolen fares the Committee shall make the final determination with respect to guilt

Collective Agreement laquoCompany Page 55

bull

bull

Note Such fare(s) will not be considered as Stolen Fare(s) if picked up by driver(s) arriving on the Concession(s)Taxi Stand(s) prior the driver(s) who accepted the dispatched fare(s)

Collective Agreement ((Company Page 56

bull bull

APPENDIX 1

PLATE CAR LESSEE IND START LESSEE START

1 1027 5027 ADAM GRANT 1 91111986 111987

2 1015 5015 TIMS VAUGHN 411995 411995

3 1043 5043 MARTON FERENC G 10251995 10251995

4 1050 5050 DUBOIS JOHN 12111994 311996

5 1048 5048 SUNIL JOSHI 1111994 711996

6 1030 5030 SLIM MOHAMED 711996 7111996

7 1041 5041 JAMALEDDINE ZAHER 911996 911996

8 1040 5040 MAHEUX FRANK 11151996 181997

9 1109 1 5109 ASTLEY JAMES 1011994 1131997

10 1045 5045 MELHEM SAMIR 1211996 9211997

11 1028 5028 LABINE ANTHONY 10151980 11281997

12 1054 5054 ELmiddotNEMER NEMER 11131997 21271998

13 1113 5113 WEAGANT BROCK C 82211988 3131998

i

14 1039 5039 SOBH HAC HEM 11171997 5111998

15 1044 1 5044 MOUFARREJ RAYMOND 10241996 1161998

16 1042 5042 MCCONVILLE BILL 311992 11111998

17 1107 5107 GIANNAKOS LOUIS I 9111997 491999

18 1026 5026 VERMA LALIT 51261996 5311999

19 1033 5033 MITCHELL BRUCE 111987 9301999

i

20 1108 5108 PAPPAS CHRISTINE 121111991 1041999

rmiddot 1014 5014 NYTRA BEDRICH 961996 3302000

22 1000 5000 ABOUmiddotARRAG SAM I 611997 7132000

23 1038 5038 MUNROE JOHN 1111977 492001

24 1022 5022 RADULESCU GELU 611999 5232002

25 1139 5139 HASSOUN I MOUFID 71211999 8152002

26 1006 5006 SADER I GHASSAN 6211999 292004

27 1029 5029 CLAYTON GREG 911980 21132004

Collective Agreement ccCompany Page 57

bull

28 1034 5034 IBRAHIM 12301995 4302004

29 1037 5037 ABDALLA HASSAN I 3312000 2202006

30 1010 5010 HASSOUN AD NAN 8272001 312006

31 1031 MASSOUD 1241998 312006

32 1 1o35 5035 JANCO 911992 362006

1 33 1036 5036 SINGH BALWANT 92211999 3172006

Collective Agreement ltltCompanyraquo Page 58

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 50: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

This rule shall only apply if the affected driver does not incur any discipline as a result of the complaint meeting

47 All cabs at DJS Taxi must have a mike clip and the clip must be used Drivers must pick up their mike when communicating

48 Drivers using vans as taxicabs must have and make use of (when requested or required) a portable step to assist passengers in and out of their vehicles

49 All taxicabs must be free of any body damage and any damage must be repaired within ninety- (90) days

50 Roof signs must be kept in good working order and condition with Company approved logo clearly visible front and rear

51 In order to ensure equipment is compatible with computer dispatch system all new radio equipment must be approved by the Company prior to installation

Collective Agreement laquoCompanyraquo Page48

SCHEDULE D CREDIT CARD POLICY amp PROCEDURES

DRIVERS MUST ACCEPT ALL COMPANY APPROVED CHARGES CREDIT AND DEBIT CARDS

DRIVERS MUST HAVE A POINT OF SALE UNIT AND A MANUAL PRINTER PER CURRENT BYLAW CITY OF OTTAWA

Due to the increased use of fraudulent Credit Cards by customers in taxicabs the following procedures have been developed to protect drivers from falling victim to Credit card fraud When accepting Credit cards the following rules must be followed

Credit and Debit Cards- the following rules must be followed

AUTHORIZATION OF ALL DEBIT AND CREDIT CARDS

All Credit Card slips must be authorized regardless of amount Verification is generally done after the fare is completed but verification of an estimated or known amount can be done prior to the completion of the trip if

bull The destination is beyond the radio coverage area bull The driver has reason(s) to suspect the validity of the card

INFORMATION REQUIRED FOR ACCEPTANCE OF DEBIT ANDOR CREDIT CARD SLIP FOR PAYMENT The completed Credit Card slip must contain all the following information

(a) Vehicle Number (pre-printed on POS slip if not to be written by hand at the bottom of the slip)

(b) Drivers ID Number and Initials (c) Amount of fare and gratuity (if applicable) (d) Authorization number (Pre-printed on POS slip) (e) Date of the fare (Pre-printed on POS slip) (f) The Debit or Credit Card must be swiped at all times (in the event that the

receipt does not print imprinting Credit Card only on manual imprinter is acceptable with customers signature but the imprint of the card number has to be clear) In the case of a swiped transaction part of the card number will display per Credit and Debit Card industry rules

(g) Customers signature clearly written (Credit Card only) marked TRANSACTION COPY We will accept the CUSTOMER COPY as long as it has the customers signature Debit POS slips are to be submitted marked TRANSACTION COPY NO SIGNATURE IS REQUIRED

Collective Agreement laquoCompanyraquo Page49

DISPUTES BY A CUSTOMER

Should a debit or credit card slip be disputed by the customer their bank or other financial institution the company will investigate If such investigation proves fraud or error by the driver the driver will be charged back for the full amount of the charge

If the disputed transaction was processed on a non-company unit a $500 plus HST charge plus the value of the charge will be debited to the drivers account The Company will refund the customer for the value of the charge

Should a customer andor driver report that the charge has been approved more than once the Company will investigate The Company does not allow any refunds in the taxicab Drivers can void a transaction but this must be done before Batch Closing the transaction A Void can only be done in the presence of the customer as the card (debit or credit) must be present The driver can then re-swipe the card for the correct amount The Company publishes a toll free number for customers or drivers to call with any concerns about a transaction If a customer has been charged more than once for the incorrect amount the following procedures apply

Credit Card

The Company will verify that the customer was charged multiple times or has been over-charged and issue a refund as necessary The Company will send a copy to the customer upon request All refunds are processed on a Point of Sale unit or Virtual Merchant (on-line) The Company may contact the driver to determine the validity of the customers details

Debit Card

The Company will verify that the customer was charged multiple times or has been overcharged and issue a cheque refund as necessary The Company keeps a copy of the cheque issued

GENERAL INFORMATIONGUIDELINES

1 If the driver has overcharged the customer and has been paid the incorrect amount the Company will adjust the drivers account and provide a receipt The Company maintains a log in the even there is a dispute by the driver or the customer If the driver reports the overcharge that is logged on a Customer Incident Form which has a Control Number

2 Hand written Credit Cards will not be accepted All Credit Cards must be passed through a manual imprinter which clearly shows the full credit card number If the credit card number is not clear and cannot be authorized

Collective Agreement laquoCompany Page 50

the driver will face debitchargeback of the amount as it cannot be authorized

3 The only Credit Cards accepted by Taxitab a division of Coventry Connections Inc are

i Visa ii Mastercard iii American Express

Note Visa Mastercard and American Express all issue prepaid credit cards these are all accepted

4 Taxitab a Division of Coventry Connections accepts Debit Cards for Canadian Financial Institutions Debit Cards for foreign banks may not

work on the unit Visa Mastercard have commenced issuing Debit Cards these are all accepted These cards are clearly marked on the face of the card with the Visa and Mastercard logos

5 The following items are to be checkedverified by the driver upon presentation of a Credit Car (a to d) Debit Card (d only)

CHECK LIST

(a) Expiry Date Ensure the card is valid Check to be sure that the Card is not being used beyond the expiry date printed on the card If the card is expired refuse to accept it

(b) Altered Cards Check to see if the card has been noticeably altered in any way If it has been refuse to accept it

(c) Card holders name and signature Check that the signature on the Credit Card slip is the same name printed on the card At the same time check that the signature is the same as the signature on the rear of the card If there is no signature on the rear of the card ask the customer to sign it as you are required to check this

If in doubt ask to see some other form of identification (preferably one with a picture and signature) that ensures that the person using the card is who they say they are

(d) Amount of fare and gratuity (if applicable) The amount of the Debit or Credit card slip must be equal to the amount of the fare and the gratuity (where applicable) Each amount should be entered in their respective places and only by the customer unless otherwise directed In the case of a Debit Card customer must always enter their PIN number to

Collective Agreement ltbullCompany Page 51

authorize the card Drivers must remind customer that the TIP field comes first followed by the PIN number

(e) $150 Surcharge

Debit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated by the City of Ottawa By-Law The $150 charge is prompted by the point of sale unit automatically The Driver receives 65cent of the $150 for every transaction

Credit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated in the City of Ottawa By-Law The $150 charge is NOT prompted by the point of sale unit automatically The driver adds the $150 to the metered amount and enters this total in the base amount field

6 CAUTIONS

7

(a)

(b)

(c)

Bank Card only have the Bank name on the card

Credit Cards are identified by the VISA MASTERCARD AMERICAN EXPRESS OR DINERS CLUB-ENROUTE symbols Only Cards with these symbols will be accepted

Credit Cards will have a holographic image on the face of the card

CASH ADVANCES

The use of Credit Cards for cash advances in the taxicab is not permitted Credit Cards must only be used in the taxicab for paying for an actual fare Anyone using a Credit Card in a taxicab to obtain cash advance is most likely using a stolen or fraudulent card

8 OUT OF TOWN FARES

For the drivers protection it is suggested that for fares going out of town and the customer wishes to pay by Credit Card it is recommended that the driver authorize the fare at the beginning of the trip (dispatcher can give an estimated amount) If there is a difference process the difference at the end of the trip There is a pre-authorization feature available for Credit Card only on the Point of Sale unit The Company can activate this on driver request but the driver must be

Collective Agreement ccCompany)) Page 52

bull

9

given correct training for this There are several steps involved with pre-authorization that must be followed before batch closing

BATCH CLOSING

Drivers must close transaction in the terminals at the end of their shift Credit Card authorizations only remain in the terminal for five (5) days after that the processor closes them automatically Drivers must batch close all credit cards no later than four (4) days in order for the items to appear on the batch close report

Batch Close reports will print separately for Debit and Credit Cards and list the details of the transactions in the terminals showing the card type and the last four (4) digits of the card involved This Batch close cannot be reprinted drivers must hold on to them Attach the slips to the Batch Close and bring to the cashier The cashier will verify the attached slips are on the batch close and proceed to pay or credit the driver assuming all slips are authorized and complete (as discussed above under (1) Authorization Procedures)

The following circumstances regarding Batch Closes will apply

(i) Batch Close with All Debit and Signed Credit Card slips- Driver will be paid or credited at time of presentation at a cashiering station

(ii) Batch Close- No Debit Slips if the batch close shows a Debit Slip and the driver has misplaced or lost the slip the Driver will be paid or credited at the time of presentation at a cashiering station

(iii) Batch Close No Credit Card Slip- No Slip No Payment at time of cashiering (driver is to go to Driver Admin in this instance) If the driver has a signed manual slip and the last 4 numbers of the card match those on the batch close the slip will be accepted by the cashier

NO BATCH CLOSE REPORT -If a Driver has lost or misplaced Batch Close report the Driver is to go straight to Driver Admin (not cashiering) The Driver is to bring the receipts (if there is a credit card slip with no signature there is a separate procedure for this below) he has for which he has not batch close Driver Admin will initiate a Batch Close Incident Report which has a Control Number for future reference The Procedure is as follows

(i) Driver Admin to Photocopy all Slips and write the Control from the Batch Close Incident Form on the photocopy and date the sheet The

Collective Agreement ccCompanyraquo Page 53

bull

bull

Driver is to keep this in the event of a dispute or apparent nonshypayment in account

(ii) Driver Admin will complete the top copy of the report attach a copy of the slips The Driver will complete the bottom part of the report and sign it

(iii) Management will need 72 hours (three business days) from the date of Incident Report to investigate the transaction has been settled in the POS unit

(iv) Providing Management confirms the transaction is complete the slips will be credited to the Drivers account and a receipt will be printed A copy of the receipt is attached to the Batch Close Incident Report The Control from the Form is entered when the the amount is credited for reference A receipt can be printed at that time by cashier

(v) In the event that a driver does not have a Batch Close and presents a credit card slip with no signature the following will apply

(vi) If the Driver experiences a problem with the Batch Close or operation of the unit the Driver is to bring the unit to the office during normal hours Management will investigate the issue and call Driver to reshyissue the unit completing paperwork for the replacement unit which the driver will sign

Any driver attempting to defraud a customer by processing a debit or credit slip more than once will be terminated

Collective Agreement laquoCompany)) Page 54

bull

bull

SCHEDULE E STOLEN FARE POLICY

Whenever the Dispatch Supervisor receives a complaint that a fare either dispatched to the complainant or from within the same block of taxi standconcession on which the complainant is parked has been stolen and the identification of the accused is made known the Supervisor shall

(a) Bring the accused to voice and notify himher of the allegations

(b) Inform the complainant that a deposit of forty dollars ($4000) must accompany his accusation and to be deposited within one (1) hour of the complaint Where applicable inform the complainant that the accused wishes to challenge the allegations and the date and time of the hearing shall be known to both parties

(c) A failure of either party to attend the hearing will result in an additional fine of forty dollars ($4000) to be paid within sixty (60) minutes of the conclusion of the hearing or a suspension ob the absent party until payment is received

(d) Inform the accused of the available options

(i) Arrange for repayment of the fare in its entirety to a minimum of forty dollars ($4000) to the complainant a Union representative or the Company on behalf of the complainant within sixty (60) minutes or

(ii) If the allegation is being denied and the accused wishes to refute it forty dollars ($4000) must be deposited at the dispatch office within sixty (60) minutes with a notification to the Dispatch Supervisor that the allegation is being challenged

Where the accused fails to respond to two (2) voice messages or refuses to comply with (c) the accused shall have dispatch services suspended until in compliance or the Company receives instructions from a Union Representative to do otherwise

The penalty for a wrongful accusation is the payment of forty dollars ($4000) to the accused by the accuser in addition to the return of the accuseds deposited payment

It is understood and agreed that the action(s) of the Dispatch Supervisor(s) in the compliance of this Policy is not to be construed as a determination of who is the guilty party In all disputes regarding stolen fares the Committee shall make the final determination with respect to guilt

Collective Agreement laquoCompany Page 55

bull

bull

Note Such fare(s) will not be considered as Stolen Fare(s) if picked up by driver(s) arriving on the Concession(s)Taxi Stand(s) prior the driver(s) who accepted the dispatched fare(s)

Collective Agreement ((Company Page 56

bull bull

APPENDIX 1

PLATE CAR LESSEE IND START LESSEE START

1 1027 5027 ADAM GRANT 1 91111986 111987

2 1015 5015 TIMS VAUGHN 411995 411995

3 1043 5043 MARTON FERENC G 10251995 10251995

4 1050 5050 DUBOIS JOHN 12111994 311996

5 1048 5048 SUNIL JOSHI 1111994 711996

6 1030 5030 SLIM MOHAMED 711996 7111996

7 1041 5041 JAMALEDDINE ZAHER 911996 911996

8 1040 5040 MAHEUX FRANK 11151996 181997

9 1109 1 5109 ASTLEY JAMES 1011994 1131997

10 1045 5045 MELHEM SAMIR 1211996 9211997

11 1028 5028 LABINE ANTHONY 10151980 11281997

12 1054 5054 ELmiddotNEMER NEMER 11131997 21271998

13 1113 5113 WEAGANT BROCK C 82211988 3131998

i

14 1039 5039 SOBH HAC HEM 11171997 5111998

15 1044 1 5044 MOUFARREJ RAYMOND 10241996 1161998

16 1042 5042 MCCONVILLE BILL 311992 11111998

17 1107 5107 GIANNAKOS LOUIS I 9111997 491999

18 1026 5026 VERMA LALIT 51261996 5311999

19 1033 5033 MITCHELL BRUCE 111987 9301999

i

20 1108 5108 PAPPAS CHRISTINE 121111991 1041999

rmiddot 1014 5014 NYTRA BEDRICH 961996 3302000

22 1000 5000 ABOUmiddotARRAG SAM I 611997 7132000

23 1038 5038 MUNROE JOHN 1111977 492001

24 1022 5022 RADULESCU GELU 611999 5232002

25 1139 5139 HASSOUN I MOUFID 71211999 8152002

26 1006 5006 SADER I GHASSAN 6211999 292004

27 1029 5029 CLAYTON GREG 911980 21132004

Collective Agreement ccCompany Page 57

bull

28 1034 5034 IBRAHIM 12301995 4302004

29 1037 5037 ABDALLA HASSAN I 3312000 2202006

30 1010 5010 HASSOUN AD NAN 8272001 312006

31 1031 MASSOUD 1241998 312006

32 1 1o35 5035 JANCO 911992 362006

1 33 1036 5036 SINGH BALWANT 92211999 3172006

Collective Agreement ltltCompanyraquo Page 58

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 51: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

SCHEDULE D CREDIT CARD POLICY amp PROCEDURES

DRIVERS MUST ACCEPT ALL COMPANY APPROVED CHARGES CREDIT AND DEBIT CARDS

DRIVERS MUST HAVE A POINT OF SALE UNIT AND A MANUAL PRINTER PER CURRENT BYLAW CITY OF OTTAWA

Due to the increased use of fraudulent Credit Cards by customers in taxicabs the following procedures have been developed to protect drivers from falling victim to Credit card fraud When accepting Credit cards the following rules must be followed

Credit and Debit Cards- the following rules must be followed

AUTHORIZATION OF ALL DEBIT AND CREDIT CARDS

All Credit Card slips must be authorized regardless of amount Verification is generally done after the fare is completed but verification of an estimated or known amount can be done prior to the completion of the trip if

bull The destination is beyond the radio coverage area bull The driver has reason(s) to suspect the validity of the card

INFORMATION REQUIRED FOR ACCEPTANCE OF DEBIT ANDOR CREDIT CARD SLIP FOR PAYMENT The completed Credit Card slip must contain all the following information

(a) Vehicle Number (pre-printed on POS slip if not to be written by hand at the bottom of the slip)

(b) Drivers ID Number and Initials (c) Amount of fare and gratuity (if applicable) (d) Authorization number (Pre-printed on POS slip) (e) Date of the fare (Pre-printed on POS slip) (f) The Debit or Credit Card must be swiped at all times (in the event that the

receipt does not print imprinting Credit Card only on manual imprinter is acceptable with customers signature but the imprint of the card number has to be clear) In the case of a swiped transaction part of the card number will display per Credit and Debit Card industry rules

(g) Customers signature clearly written (Credit Card only) marked TRANSACTION COPY We will accept the CUSTOMER COPY as long as it has the customers signature Debit POS slips are to be submitted marked TRANSACTION COPY NO SIGNATURE IS REQUIRED

Collective Agreement laquoCompanyraquo Page49

DISPUTES BY A CUSTOMER

Should a debit or credit card slip be disputed by the customer their bank or other financial institution the company will investigate If such investigation proves fraud or error by the driver the driver will be charged back for the full amount of the charge

If the disputed transaction was processed on a non-company unit a $500 plus HST charge plus the value of the charge will be debited to the drivers account The Company will refund the customer for the value of the charge

Should a customer andor driver report that the charge has been approved more than once the Company will investigate The Company does not allow any refunds in the taxicab Drivers can void a transaction but this must be done before Batch Closing the transaction A Void can only be done in the presence of the customer as the card (debit or credit) must be present The driver can then re-swipe the card for the correct amount The Company publishes a toll free number for customers or drivers to call with any concerns about a transaction If a customer has been charged more than once for the incorrect amount the following procedures apply

Credit Card

The Company will verify that the customer was charged multiple times or has been over-charged and issue a refund as necessary The Company will send a copy to the customer upon request All refunds are processed on a Point of Sale unit or Virtual Merchant (on-line) The Company may contact the driver to determine the validity of the customers details

Debit Card

The Company will verify that the customer was charged multiple times or has been overcharged and issue a cheque refund as necessary The Company keeps a copy of the cheque issued

GENERAL INFORMATIONGUIDELINES

1 If the driver has overcharged the customer and has been paid the incorrect amount the Company will adjust the drivers account and provide a receipt The Company maintains a log in the even there is a dispute by the driver or the customer If the driver reports the overcharge that is logged on a Customer Incident Form which has a Control Number

2 Hand written Credit Cards will not be accepted All Credit Cards must be passed through a manual imprinter which clearly shows the full credit card number If the credit card number is not clear and cannot be authorized

Collective Agreement laquoCompany Page 50

the driver will face debitchargeback of the amount as it cannot be authorized

3 The only Credit Cards accepted by Taxitab a division of Coventry Connections Inc are

i Visa ii Mastercard iii American Express

Note Visa Mastercard and American Express all issue prepaid credit cards these are all accepted

4 Taxitab a Division of Coventry Connections accepts Debit Cards for Canadian Financial Institutions Debit Cards for foreign banks may not

work on the unit Visa Mastercard have commenced issuing Debit Cards these are all accepted These cards are clearly marked on the face of the card with the Visa and Mastercard logos

5 The following items are to be checkedverified by the driver upon presentation of a Credit Car (a to d) Debit Card (d only)

CHECK LIST

(a) Expiry Date Ensure the card is valid Check to be sure that the Card is not being used beyond the expiry date printed on the card If the card is expired refuse to accept it

(b) Altered Cards Check to see if the card has been noticeably altered in any way If it has been refuse to accept it

(c) Card holders name and signature Check that the signature on the Credit Card slip is the same name printed on the card At the same time check that the signature is the same as the signature on the rear of the card If there is no signature on the rear of the card ask the customer to sign it as you are required to check this

If in doubt ask to see some other form of identification (preferably one with a picture and signature) that ensures that the person using the card is who they say they are

(d) Amount of fare and gratuity (if applicable) The amount of the Debit or Credit card slip must be equal to the amount of the fare and the gratuity (where applicable) Each amount should be entered in their respective places and only by the customer unless otherwise directed In the case of a Debit Card customer must always enter their PIN number to

Collective Agreement ltbullCompany Page 51

authorize the card Drivers must remind customer that the TIP field comes first followed by the PIN number

(e) $150 Surcharge

Debit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated by the City of Ottawa By-Law The $150 charge is prompted by the point of sale unit automatically The Driver receives 65cent of the $150 for every transaction

Credit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated in the City of Ottawa By-Law The $150 charge is NOT prompted by the point of sale unit automatically The driver adds the $150 to the metered amount and enters this total in the base amount field

6 CAUTIONS

7

(a)

(b)

(c)

Bank Card only have the Bank name on the card

Credit Cards are identified by the VISA MASTERCARD AMERICAN EXPRESS OR DINERS CLUB-ENROUTE symbols Only Cards with these symbols will be accepted

Credit Cards will have a holographic image on the face of the card

CASH ADVANCES

The use of Credit Cards for cash advances in the taxicab is not permitted Credit Cards must only be used in the taxicab for paying for an actual fare Anyone using a Credit Card in a taxicab to obtain cash advance is most likely using a stolen or fraudulent card

8 OUT OF TOWN FARES

For the drivers protection it is suggested that for fares going out of town and the customer wishes to pay by Credit Card it is recommended that the driver authorize the fare at the beginning of the trip (dispatcher can give an estimated amount) If there is a difference process the difference at the end of the trip There is a pre-authorization feature available for Credit Card only on the Point of Sale unit The Company can activate this on driver request but the driver must be

Collective Agreement ccCompany)) Page 52

bull

9

given correct training for this There are several steps involved with pre-authorization that must be followed before batch closing

BATCH CLOSING

Drivers must close transaction in the terminals at the end of their shift Credit Card authorizations only remain in the terminal for five (5) days after that the processor closes them automatically Drivers must batch close all credit cards no later than four (4) days in order for the items to appear on the batch close report

Batch Close reports will print separately for Debit and Credit Cards and list the details of the transactions in the terminals showing the card type and the last four (4) digits of the card involved This Batch close cannot be reprinted drivers must hold on to them Attach the slips to the Batch Close and bring to the cashier The cashier will verify the attached slips are on the batch close and proceed to pay or credit the driver assuming all slips are authorized and complete (as discussed above under (1) Authorization Procedures)

The following circumstances regarding Batch Closes will apply

(i) Batch Close with All Debit and Signed Credit Card slips- Driver will be paid or credited at time of presentation at a cashiering station

(ii) Batch Close- No Debit Slips if the batch close shows a Debit Slip and the driver has misplaced or lost the slip the Driver will be paid or credited at the time of presentation at a cashiering station

(iii) Batch Close No Credit Card Slip- No Slip No Payment at time of cashiering (driver is to go to Driver Admin in this instance) If the driver has a signed manual slip and the last 4 numbers of the card match those on the batch close the slip will be accepted by the cashier

NO BATCH CLOSE REPORT -If a Driver has lost or misplaced Batch Close report the Driver is to go straight to Driver Admin (not cashiering) The Driver is to bring the receipts (if there is a credit card slip with no signature there is a separate procedure for this below) he has for which he has not batch close Driver Admin will initiate a Batch Close Incident Report which has a Control Number for future reference The Procedure is as follows

(i) Driver Admin to Photocopy all Slips and write the Control from the Batch Close Incident Form on the photocopy and date the sheet The

Collective Agreement ccCompanyraquo Page 53

bull

bull

Driver is to keep this in the event of a dispute or apparent nonshypayment in account

(ii) Driver Admin will complete the top copy of the report attach a copy of the slips The Driver will complete the bottom part of the report and sign it

(iii) Management will need 72 hours (three business days) from the date of Incident Report to investigate the transaction has been settled in the POS unit

(iv) Providing Management confirms the transaction is complete the slips will be credited to the Drivers account and a receipt will be printed A copy of the receipt is attached to the Batch Close Incident Report The Control from the Form is entered when the the amount is credited for reference A receipt can be printed at that time by cashier

(v) In the event that a driver does not have a Batch Close and presents a credit card slip with no signature the following will apply

(vi) If the Driver experiences a problem with the Batch Close or operation of the unit the Driver is to bring the unit to the office during normal hours Management will investigate the issue and call Driver to reshyissue the unit completing paperwork for the replacement unit which the driver will sign

Any driver attempting to defraud a customer by processing a debit or credit slip more than once will be terminated

Collective Agreement laquoCompany)) Page 54

bull

bull

SCHEDULE E STOLEN FARE POLICY

Whenever the Dispatch Supervisor receives a complaint that a fare either dispatched to the complainant or from within the same block of taxi standconcession on which the complainant is parked has been stolen and the identification of the accused is made known the Supervisor shall

(a) Bring the accused to voice and notify himher of the allegations

(b) Inform the complainant that a deposit of forty dollars ($4000) must accompany his accusation and to be deposited within one (1) hour of the complaint Where applicable inform the complainant that the accused wishes to challenge the allegations and the date and time of the hearing shall be known to both parties

(c) A failure of either party to attend the hearing will result in an additional fine of forty dollars ($4000) to be paid within sixty (60) minutes of the conclusion of the hearing or a suspension ob the absent party until payment is received

(d) Inform the accused of the available options

(i) Arrange for repayment of the fare in its entirety to a minimum of forty dollars ($4000) to the complainant a Union representative or the Company on behalf of the complainant within sixty (60) minutes or

(ii) If the allegation is being denied and the accused wishes to refute it forty dollars ($4000) must be deposited at the dispatch office within sixty (60) minutes with a notification to the Dispatch Supervisor that the allegation is being challenged

Where the accused fails to respond to two (2) voice messages or refuses to comply with (c) the accused shall have dispatch services suspended until in compliance or the Company receives instructions from a Union Representative to do otherwise

The penalty for a wrongful accusation is the payment of forty dollars ($4000) to the accused by the accuser in addition to the return of the accuseds deposited payment

It is understood and agreed that the action(s) of the Dispatch Supervisor(s) in the compliance of this Policy is not to be construed as a determination of who is the guilty party In all disputes regarding stolen fares the Committee shall make the final determination with respect to guilt

Collective Agreement laquoCompany Page 55

bull

bull

Note Such fare(s) will not be considered as Stolen Fare(s) if picked up by driver(s) arriving on the Concession(s)Taxi Stand(s) prior the driver(s) who accepted the dispatched fare(s)

Collective Agreement ((Company Page 56

bull bull

APPENDIX 1

PLATE CAR LESSEE IND START LESSEE START

1 1027 5027 ADAM GRANT 1 91111986 111987

2 1015 5015 TIMS VAUGHN 411995 411995

3 1043 5043 MARTON FERENC G 10251995 10251995

4 1050 5050 DUBOIS JOHN 12111994 311996

5 1048 5048 SUNIL JOSHI 1111994 711996

6 1030 5030 SLIM MOHAMED 711996 7111996

7 1041 5041 JAMALEDDINE ZAHER 911996 911996

8 1040 5040 MAHEUX FRANK 11151996 181997

9 1109 1 5109 ASTLEY JAMES 1011994 1131997

10 1045 5045 MELHEM SAMIR 1211996 9211997

11 1028 5028 LABINE ANTHONY 10151980 11281997

12 1054 5054 ELmiddotNEMER NEMER 11131997 21271998

13 1113 5113 WEAGANT BROCK C 82211988 3131998

i

14 1039 5039 SOBH HAC HEM 11171997 5111998

15 1044 1 5044 MOUFARREJ RAYMOND 10241996 1161998

16 1042 5042 MCCONVILLE BILL 311992 11111998

17 1107 5107 GIANNAKOS LOUIS I 9111997 491999

18 1026 5026 VERMA LALIT 51261996 5311999

19 1033 5033 MITCHELL BRUCE 111987 9301999

i

20 1108 5108 PAPPAS CHRISTINE 121111991 1041999

rmiddot 1014 5014 NYTRA BEDRICH 961996 3302000

22 1000 5000 ABOUmiddotARRAG SAM I 611997 7132000

23 1038 5038 MUNROE JOHN 1111977 492001

24 1022 5022 RADULESCU GELU 611999 5232002

25 1139 5139 HASSOUN I MOUFID 71211999 8152002

26 1006 5006 SADER I GHASSAN 6211999 292004

27 1029 5029 CLAYTON GREG 911980 21132004

Collective Agreement ccCompany Page 57

bull

28 1034 5034 IBRAHIM 12301995 4302004

29 1037 5037 ABDALLA HASSAN I 3312000 2202006

30 1010 5010 HASSOUN AD NAN 8272001 312006

31 1031 MASSOUD 1241998 312006

32 1 1o35 5035 JANCO 911992 362006

1 33 1036 5036 SINGH BALWANT 92211999 3172006

Collective Agreement ltltCompanyraquo Page 58

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 52: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

DISPUTES BY A CUSTOMER

Should a debit or credit card slip be disputed by the customer their bank or other financial institution the company will investigate If such investigation proves fraud or error by the driver the driver will be charged back for the full amount of the charge

If the disputed transaction was processed on a non-company unit a $500 plus HST charge plus the value of the charge will be debited to the drivers account The Company will refund the customer for the value of the charge

Should a customer andor driver report that the charge has been approved more than once the Company will investigate The Company does not allow any refunds in the taxicab Drivers can void a transaction but this must be done before Batch Closing the transaction A Void can only be done in the presence of the customer as the card (debit or credit) must be present The driver can then re-swipe the card for the correct amount The Company publishes a toll free number for customers or drivers to call with any concerns about a transaction If a customer has been charged more than once for the incorrect amount the following procedures apply

Credit Card

The Company will verify that the customer was charged multiple times or has been over-charged and issue a refund as necessary The Company will send a copy to the customer upon request All refunds are processed on a Point of Sale unit or Virtual Merchant (on-line) The Company may contact the driver to determine the validity of the customers details

Debit Card

The Company will verify that the customer was charged multiple times or has been overcharged and issue a cheque refund as necessary The Company keeps a copy of the cheque issued

GENERAL INFORMATIONGUIDELINES

1 If the driver has overcharged the customer and has been paid the incorrect amount the Company will adjust the drivers account and provide a receipt The Company maintains a log in the even there is a dispute by the driver or the customer If the driver reports the overcharge that is logged on a Customer Incident Form which has a Control Number

2 Hand written Credit Cards will not be accepted All Credit Cards must be passed through a manual imprinter which clearly shows the full credit card number If the credit card number is not clear and cannot be authorized

Collective Agreement laquoCompany Page 50

the driver will face debitchargeback of the amount as it cannot be authorized

3 The only Credit Cards accepted by Taxitab a division of Coventry Connections Inc are

i Visa ii Mastercard iii American Express

Note Visa Mastercard and American Express all issue prepaid credit cards these are all accepted

4 Taxitab a Division of Coventry Connections accepts Debit Cards for Canadian Financial Institutions Debit Cards for foreign banks may not

work on the unit Visa Mastercard have commenced issuing Debit Cards these are all accepted These cards are clearly marked on the face of the card with the Visa and Mastercard logos

5 The following items are to be checkedverified by the driver upon presentation of a Credit Car (a to d) Debit Card (d only)

CHECK LIST

(a) Expiry Date Ensure the card is valid Check to be sure that the Card is not being used beyond the expiry date printed on the card If the card is expired refuse to accept it

(b) Altered Cards Check to see if the card has been noticeably altered in any way If it has been refuse to accept it

(c) Card holders name and signature Check that the signature on the Credit Card slip is the same name printed on the card At the same time check that the signature is the same as the signature on the rear of the card If there is no signature on the rear of the card ask the customer to sign it as you are required to check this

If in doubt ask to see some other form of identification (preferably one with a picture and signature) that ensures that the person using the card is who they say they are

(d) Amount of fare and gratuity (if applicable) The amount of the Debit or Credit card slip must be equal to the amount of the fare and the gratuity (where applicable) Each amount should be entered in their respective places and only by the customer unless otherwise directed In the case of a Debit Card customer must always enter their PIN number to

Collective Agreement ltbullCompany Page 51

authorize the card Drivers must remind customer that the TIP field comes first followed by the PIN number

(e) $150 Surcharge

Debit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated by the City of Ottawa By-Law The $150 charge is prompted by the point of sale unit automatically The Driver receives 65cent of the $150 for every transaction

Credit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated in the City of Ottawa By-Law The $150 charge is NOT prompted by the point of sale unit automatically The driver adds the $150 to the metered amount and enters this total in the base amount field

6 CAUTIONS

7

(a)

(b)

(c)

Bank Card only have the Bank name on the card

Credit Cards are identified by the VISA MASTERCARD AMERICAN EXPRESS OR DINERS CLUB-ENROUTE symbols Only Cards with these symbols will be accepted

Credit Cards will have a holographic image on the face of the card

CASH ADVANCES

The use of Credit Cards for cash advances in the taxicab is not permitted Credit Cards must only be used in the taxicab for paying for an actual fare Anyone using a Credit Card in a taxicab to obtain cash advance is most likely using a stolen or fraudulent card

8 OUT OF TOWN FARES

For the drivers protection it is suggested that for fares going out of town and the customer wishes to pay by Credit Card it is recommended that the driver authorize the fare at the beginning of the trip (dispatcher can give an estimated amount) If there is a difference process the difference at the end of the trip There is a pre-authorization feature available for Credit Card only on the Point of Sale unit The Company can activate this on driver request but the driver must be

Collective Agreement ccCompany)) Page 52

bull

9

given correct training for this There are several steps involved with pre-authorization that must be followed before batch closing

BATCH CLOSING

Drivers must close transaction in the terminals at the end of their shift Credit Card authorizations only remain in the terminal for five (5) days after that the processor closes them automatically Drivers must batch close all credit cards no later than four (4) days in order for the items to appear on the batch close report

Batch Close reports will print separately for Debit and Credit Cards and list the details of the transactions in the terminals showing the card type and the last four (4) digits of the card involved This Batch close cannot be reprinted drivers must hold on to them Attach the slips to the Batch Close and bring to the cashier The cashier will verify the attached slips are on the batch close and proceed to pay or credit the driver assuming all slips are authorized and complete (as discussed above under (1) Authorization Procedures)

The following circumstances regarding Batch Closes will apply

(i) Batch Close with All Debit and Signed Credit Card slips- Driver will be paid or credited at time of presentation at a cashiering station

(ii) Batch Close- No Debit Slips if the batch close shows a Debit Slip and the driver has misplaced or lost the slip the Driver will be paid or credited at the time of presentation at a cashiering station

(iii) Batch Close No Credit Card Slip- No Slip No Payment at time of cashiering (driver is to go to Driver Admin in this instance) If the driver has a signed manual slip and the last 4 numbers of the card match those on the batch close the slip will be accepted by the cashier

NO BATCH CLOSE REPORT -If a Driver has lost or misplaced Batch Close report the Driver is to go straight to Driver Admin (not cashiering) The Driver is to bring the receipts (if there is a credit card slip with no signature there is a separate procedure for this below) he has for which he has not batch close Driver Admin will initiate a Batch Close Incident Report which has a Control Number for future reference The Procedure is as follows

(i) Driver Admin to Photocopy all Slips and write the Control from the Batch Close Incident Form on the photocopy and date the sheet The

Collective Agreement ccCompanyraquo Page 53

bull

bull

Driver is to keep this in the event of a dispute or apparent nonshypayment in account

(ii) Driver Admin will complete the top copy of the report attach a copy of the slips The Driver will complete the bottom part of the report and sign it

(iii) Management will need 72 hours (three business days) from the date of Incident Report to investigate the transaction has been settled in the POS unit

(iv) Providing Management confirms the transaction is complete the slips will be credited to the Drivers account and a receipt will be printed A copy of the receipt is attached to the Batch Close Incident Report The Control from the Form is entered when the the amount is credited for reference A receipt can be printed at that time by cashier

(v) In the event that a driver does not have a Batch Close and presents a credit card slip with no signature the following will apply

(vi) If the Driver experiences a problem with the Batch Close or operation of the unit the Driver is to bring the unit to the office during normal hours Management will investigate the issue and call Driver to reshyissue the unit completing paperwork for the replacement unit which the driver will sign

Any driver attempting to defraud a customer by processing a debit or credit slip more than once will be terminated

Collective Agreement laquoCompany)) Page 54

bull

bull

SCHEDULE E STOLEN FARE POLICY

Whenever the Dispatch Supervisor receives a complaint that a fare either dispatched to the complainant or from within the same block of taxi standconcession on which the complainant is parked has been stolen and the identification of the accused is made known the Supervisor shall

(a) Bring the accused to voice and notify himher of the allegations

(b) Inform the complainant that a deposit of forty dollars ($4000) must accompany his accusation and to be deposited within one (1) hour of the complaint Where applicable inform the complainant that the accused wishes to challenge the allegations and the date and time of the hearing shall be known to both parties

(c) A failure of either party to attend the hearing will result in an additional fine of forty dollars ($4000) to be paid within sixty (60) minutes of the conclusion of the hearing or a suspension ob the absent party until payment is received

(d) Inform the accused of the available options

(i) Arrange for repayment of the fare in its entirety to a minimum of forty dollars ($4000) to the complainant a Union representative or the Company on behalf of the complainant within sixty (60) minutes or

(ii) If the allegation is being denied and the accused wishes to refute it forty dollars ($4000) must be deposited at the dispatch office within sixty (60) minutes with a notification to the Dispatch Supervisor that the allegation is being challenged

Where the accused fails to respond to two (2) voice messages or refuses to comply with (c) the accused shall have dispatch services suspended until in compliance or the Company receives instructions from a Union Representative to do otherwise

The penalty for a wrongful accusation is the payment of forty dollars ($4000) to the accused by the accuser in addition to the return of the accuseds deposited payment

It is understood and agreed that the action(s) of the Dispatch Supervisor(s) in the compliance of this Policy is not to be construed as a determination of who is the guilty party In all disputes regarding stolen fares the Committee shall make the final determination with respect to guilt

Collective Agreement laquoCompany Page 55

bull

bull

Note Such fare(s) will not be considered as Stolen Fare(s) if picked up by driver(s) arriving on the Concession(s)Taxi Stand(s) prior the driver(s) who accepted the dispatched fare(s)

Collective Agreement ((Company Page 56

bull bull

APPENDIX 1

PLATE CAR LESSEE IND START LESSEE START

1 1027 5027 ADAM GRANT 1 91111986 111987

2 1015 5015 TIMS VAUGHN 411995 411995

3 1043 5043 MARTON FERENC G 10251995 10251995

4 1050 5050 DUBOIS JOHN 12111994 311996

5 1048 5048 SUNIL JOSHI 1111994 711996

6 1030 5030 SLIM MOHAMED 711996 7111996

7 1041 5041 JAMALEDDINE ZAHER 911996 911996

8 1040 5040 MAHEUX FRANK 11151996 181997

9 1109 1 5109 ASTLEY JAMES 1011994 1131997

10 1045 5045 MELHEM SAMIR 1211996 9211997

11 1028 5028 LABINE ANTHONY 10151980 11281997

12 1054 5054 ELmiddotNEMER NEMER 11131997 21271998

13 1113 5113 WEAGANT BROCK C 82211988 3131998

i

14 1039 5039 SOBH HAC HEM 11171997 5111998

15 1044 1 5044 MOUFARREJ RAYMOND 10241996 1161998

16 1042 5042 MCCONVILLE BILL 311992 11111998

17 1107 5107 GIANNAKOS LOUIS I 9111997 491999

18 1026 5026 VERMA LALIT 51261996 5311999

19 1033 5033 MITCHELL BRUCE 111987 9301999

i

20 1108 5108 PAPPAS CHRISTINE 121111991 1041999

rmiddot 1014 5014 NYTRA BEDRICH 961996 3302000

22 1000 5000 ABOUmiddotARRAG SAM I 611997 7132000

23 1038 5038 MUNROE JOHN 1111977 492001

24 1022 5022 RADULESCU GELU 611999 5232002

25 1139 5139 HASSOUN I MOUFID 71211999 8152002

26 1006 5006 SADER I GHASSAN 6211999 292004

27 1029 5029 CLAYTON GREG 911980 21132004

Collective Agreement ccCompany Page 57

bull

28 1034 5034 IBRAHIM 12301995 4302004

29 1037 5037 ABDALLA HASSAN I 3312000 2202006

30 1010 5010 HASSOUN AD NAN 8272001 312006

31 1031 MASSOUD 1241998 312006

32 1 1o35 5035 JANCO 911992 362006

1 33 1036 5036 SINGH BALWANT 92211999 3172006

Collective Agreement ltltCompanyraquo Page 58

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 53: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

the driver will face debitchargeback of the amount as it cannot be authorized

3 The only Credit Cards accepted by Taxitab a division of Coventry Connections Inc are

i Visa ii Mastercard iii American Express

Note Visa Mastercard and American Express all issue prepaid credit cards these are all accepted

4 Taxitab a Division of Coventry Connections accepts Debit Cards for Canadian Financial Institutions Debit Cards for foreign banks may not

work on the unit Visa Mastercard have commenced issuing Debit Cards these are all accepted These cards are clearly marked on the face of the card with the Visa and Mastercard logos

5 The following items are to be checkedverified by the driver upon presentation of a Credit Car (a to d) Debit Card (d only)

CHECK LIST

(a) Expiry Date Ensure the card is valid Check to be sure that the Card is not being used beyond the expiry date printed on the card If the card is expired refuse to accept it

(b) Altered Cards Check to see if the card has been noticeably altered in any way If it has been refuse to accept it

(c) Card holders name and signature Check that the signature on the Credit Card slip is the same name printed on the card At the same time check that the signature is the same as the signature on the rear of the card If there is no signature on the rear of the card ask the customer to sign it as you are required to check this

If in doubt ask to see some other form of identification (preferably one with a picture and signature) that ensures that the person using the card is who they say they are

(d) Amount of fare and gratuity (if applicable) The amount of the Debit or Credit card slip must be equal to the amount of the fare and the gratuity (where applicable) Each amount should be entered in their respective places and only by the customer unless otherwise directed In the case of a Debit Card customer must always enter their PIN number to

Collective Agreement ltbullCompany Page 51

authorize the card Drivers must remind customer that the TIP field comes first followed by the PIN number

(e) $150 Surcharge

Debit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated by the City of Ottawa By-Law The $150 charge is prompted by the point of sale unit automatically The Driver receives 65cent of the $150 for every transaction

Credit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated in the City of Ottawa By-Law The $150 charge is NOT prompted by the point of sale unit automatically The driver adds the $150 to the metered amount and enters this total in the base amount field

6 CAUTIONS

7

(a)

(b)

(c)

Bank Card only have the Bank name on the card

Credit Cards are identified by the VISA MASTERCARD AMERICAN EXPRESS OR DINERS CLUB-ENROUTE symbols Only Cards with these symbols will be accepted

Credit Cards will have a holographic image on the face of the card

CASH ADVANCES

The use of Credit Cards for cash advances in the taxicab is not permitted Credit Cards must only be used in the taxicab for paying for an actual fare Anyone using a Credit Card in a taxicab to obtain cash advance is most likely using a stolen or fraudulent card

8 OUT OF TOWN FARES

For the drivers protection it is suggested that for fares going out of town and the customer wishes to pay by Credit Card it is recommended that the driver authorize the fare at the beginning of the trip (dispatcher can give an estimated amount) If there is a difference process the difference at the end of the trip There is a pre-authorization feature available for Credit Card only on the Point of Sale unit The Company can activate this on driver request but the driver must be

Collective Agreement ccCompany)) Page 52

bull

9

given correct training for this There are several steps involved with pre-authorization that must be followed before batch closing

BATCH CLOSING

Drivers must close transaction in the terminals at the end of their shift Credit Card authorizations only remain in the terminal for five (5) days after that the processor closes them automatically Drivers must batch close all credit cards no later than four (4) days in order for the items to appear on the batch close report

Batch Close reports will print separately for Debit and Credit Cards and list the details of the transactions in the terminals showing the card type and the last four (4) digits of the card involved This Batch close cannot be reprinted drivers must hold on to them Attach the slips to the Batch Close and bring to the cashier The cashier will verify the attached slips are on the batch close and proceed to pay or credit the driver assuming all slips are authorized and complete (as discussed above under (1) Authorization Procedures)

The following circumstances regarding Batch Closes will apply

(i) Batch Close with All Debit and Signed Credit Card slips- Driver will be paid or credited at time of presentation at a cashiering station

(ii) Batch Close- No Debit Slips if the batch close shows a Debit Slip and the driver has misplaced or lost the slip the Driver will be paid or credited at the time of presentation at a cashiering station

(iii) Batch Close No Credit Card Slip- No Slip No Payment at time of cashiering (driver is to go to Driver Admin in this instance) If the driver has a signed manual slip and the last 4 numbers of the card match those on the batch close the slip will be accepted by the cashier

NO BATCH CLOSE REPORT -If a Driver has lost or misplaced Batch Close report the Driver is to go straight to Driver Admin (not cashiering) The Driver is to bring the receipts (if there is a credit card slip with no signature there is a separate procedure for this below) he has for which he has not batch close Driver Admin will initiate a Batch Close Incident Report which has a Control Number for future reference The Procedure is as follows

(i) Driver Admin to Photocopy all Slips and write the Control from the Batch Close Incident Form on the photocopy and date the sheet The

Collective Agreement ccCompanyraquo Page 53

bull

bull

Driver is to keep this in the event of a dispute or apparent nonshypayment in account

(ii) Driver Admin will complete the top copy of the report attach a copy of the slips The Driver will complete the bottom part of the report and sign it

(iii) Management will need 72 hours (three business days) from the date of Incident Report to investigate the transaction has been settled in the POS unit

(iv) Providing Management confirms the transaction is complete the slips will be credited to the Drivers account and a receipt will be printed A copy of the receipt is attached to the Batch Close Incident Report The Control from the Form is entered when the the amount is credited for reference A receipt can be printed at that time by cashier

(v) In the event that a driver does not have a Batch Close and presents a credit card slip with no signature the following will apply

(vi) If the Driver experiences a problem with the Batch Close or operation of the unit the Driver is to bring the unit to the office during normal hours Management will investigate the issue and call Driver to reshyissue the unit completing paperwork for the replacement unit which the driver will sign

Any driver attempting to defraud a customer by processing a debit or credit slip more than once will be terminated

Collective Agreement laquoCompany)) Page 54

bull

bull

SCHEDULE E STOLEN FARE POLICY

Whenever the Dispatch Supervisor receives a complaint that a fare either dispatched to the complainant or from within the same block of taxi standconcession on which the complainant is parked has been stolen and the identification of the accused is made known the Supervisor shall

(a) Bring the accused to voice and notify himher of the allegations

(b) Inform the complainant that a deposit of forty dollars ($4000) must accompany his accusation and to be deposited within one (1) hour of the complaint Where applicable inform the complainant that the accused wishes to challenge the allegations and the date and time of the hearing shall be known to both parties

(c) A failure of either party to attend the hearing will result in an additional fine of forty dollars ($4000) to be paid within sixty (60) minutes of the conclusion of the hearing or a suspension ob the absent party until payment is received

(d) Inform the accused of the available options

(i) Arrange for repayment of the fare in its entirety to a minimum of forty dollars ($4000) to the complainant a Union representative or the Company on behalf of the complainant within sixty (60) minutes or

(ii) If the allegation is being denied and the accused wishes to refute it forty dollars ($4000) must be deposited at the dispatch office within sixty (60) minutes with a notification to the Dispatch Supervisor that the allegation is being challenged

Where the accused fails to respond to two (2) voice messages or refuses to comply with (c) the accused shall have dispatch services suspended until in compliance or the Company receives instructions from a Union Representative to do otherwise

The penalty for a wrongful accusation is the payment of forty dollars ($4000) to the accused by the accuser in addition to the return of the accuseds deposited payment

It is understood and agreed that the action(s) of the Dispatch Supervisor(s) in the compliance of this Policy is not to be construed as a determination of who is the guilty party In all disputes regarding stolen fares the Committee shall make the final determination with respect to guilt

Collective Agreement laquoCompany Page 55

bull

bull

Note Such fare(s) will not be considered as Stolen Fare(s) if picked up by driver(s) arriving on the Concession(s)Taxi Stand(s) prior the driver(s) who accepted the dispatched fare(s)

Collective Agreement ((Company Page 56

bull bull

APPENDIX 1

PLATE CAR LESSEE IND START LESSEE START

1 1027 5027 ADAM GRANT 1 91111986 111987

2 1015 5015 TIMS VAUGHN 411995 411995

3 1043 5043 MARTON FERENC G 10251995 10251995

4 1050 5050 DUBOIS JOHN 12111994 311996

5 1048 5048 SUNIL JOSHI 1111994 711996

6 1030 5030 SLIM MOHAMED 711996 7111996

7 1041 5041 JAMALEDDINE ZAHER 911996 911996

8 1040 5040 MAHEUX FRANK 11151996 181997

9 1109 1 5109 ASTLEY JAMES 1011994 1131997

10 1045 5045 MELHEM SAMIR 1211996 9211997

11 1028 5028 LABINE ANTHONY 10151980 11281997

12 1054 5054 ELmiddotNEMER NEMER 11131997 21271998

13 1113 5113 WEAGANT BROCK C 82211988 3131998

i

14 1039 5039 SOBH HAC HEM 11171997 5111998

15 1044 1 5044 MOUFARREJ RAYMOND 10241996 1161998

16 1042 5042 MCCONVILLE BILL 311992 11111998

17 1107 5107 GIANNAKOS LOUIS I 9111997 491999

18 1026 5026 VERMA LALIT 51261996 5311999

19 1033 5033 MITCHELL BRUCE 111987 9301999

i

20 1108 5108 PAPPAS CHRISTINE 121111991 1041999

rmiddot 1014 5014 NYTRA BEDRICH 961996 3302000

22 1000 5000 ABOUmiddotARRAG SAM I 611997 7132000

23 1038 5038 MUNROE JOHN 1111977 492001

24 1022 5022 RADULESCU GELU 611999 5232002

25 1139 5139 HASSOUN I MOUFID 71211999 8152002

26 1006 5006 SADER I GHASSAN 6211999 292004

27 1029 5029 CLAYTON GREG 911980 21132004

Collective Agreement ccCompany Page 57

bull

28 1034 5034 IBRAHIM 12301995 4302004

29 1037 5037 ABDALLA HASSAN I 3312000 2202006

30 1010 5010 HASSOUN AD NAN 8272001 312006

31 1031 MASSOUD 1241998 312006

32 1 1o35 5035 JANCO 911992 362006

1 33 1036 5036 SINGH BALWANT 92211999 3172006

Collective Agreement ltltCompanyraquo Page 58

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 54: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

authorize the card Drivers must remind customer that the TIP field comes first followed by the PIN number

(e) $150 Surcharge

Debit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated by the City of Ottawa By-Law The $150 charge is prompted by the point of sale unit automatically The Driver receives 65cent of the $150 for every transaction

Credit Card All transactions are subject to the $150 charge If the customer refuses they must use another form of payment This is regulated in the City of Ottawa By-Law The $150 charge is NOT prompted by the point of sale unit automatically The driver adds the $150 to the metered amount and enters this total in the base amount field

6 CAUTIONS

7

(a)

(b)

(c)

Bank Card only have the Bank name on the card

Credit Cards are identified by the VISA MASTERCARD AMERICAN EXPRESS OR DINERS CLUB-ENROUTE symbols Only Cards with these symbols will be accepted

Credit Cards will have a holographic image on the face of the card

CASH ADVANCES

The use of Credit Cards for cash advances in the taxicab is not permitted Credit Cards must only be used in the taxicab for paying for an actual fare Anyone using a Credit Card in a taxicab to obtain cash advance is most likely using a stolen or fraudulent card

8 OUT OF TOWN FARES

For the drivers protection it is suggested that for fares going out of town and the customer wishes to pay by Credit Card it is recommended that the driver authorize the fare at the beginning of the trip (dispatcher can give an estimated amount) If there is a difference process the difference at the end of the trip There is a pre-authorization feature available for Credit Card only on the Point of Sale unit The Company can activate this on driver request but the driver must be

Collective Agreement ccCompany)) Page 52

bull

9

given correct training for this There are several steps involved with pre-authorization that must be followed before batch closing

BATCH CLOSING

Drivers must close transaction in the terminals at the end of their shift Credit Card authorizations only remain in the terminal for five (5) days after that the processor closes them automatically Drivers must batch close all credit cards no later than four (4) days in order for the items to appear on the batch close report

Batch Close reports will print separately for Debit and Credit Cards and list the details of the transactions in the terminals showing the card type and the last four (4) digits of the card involved This Batch close cannot be reprinted drivers must hold on to them Attach the slips to the Batch Close and bring to the cashier The cashier will verify the attached slips are on the batch close and proceed to pay or credit the driver assuming all slips are authorized and complete (as discussed above under (1) Authorization Procedures)

The following circumstances regarding Batch Closes will apply

(i) Batch Close with All Debit and Signed Credit Card slips- Driver will be paid or credited at time of presentation at a cashiering station

(ii) Batch Close- No Debit Slips if the batch close shows a Debit Slip and the driver has misplaced or lost the slip the Driver will be paid or credited at the time of presentation at a cashiering station

(iii) Batch Close No Credit Card Slip- No Slip No Payment at time of cashiering (driver is to go to Driver Admin in this instance) If the driver has a signed manual slip and the last 4 numbers of the card match those on the batch close the slip will be accepted by the cashier

NO BATCH CLOSE REPORT -If a Driver has lost or misplaced Batch Close report the Driver is to go straight to Driver Admin (not cashiering) The Driver is to bring the receipts (if there is a credit card slip with no signature there is a separate procedure for this below) he has for which he has not batch close Driver Admin will initiate a Batch Close Incident Report which has a Control Number for future reference The Procedure is as follows

(i) Driver Admin to Photocopy all Slips and write the Control from the Batch Close Incident Form on the photocopy and date the sheet The

Collective Agreement ccCompanyraquo Page 53

bull

bull

Driver is to keep this in the event of a dispute or apparent nonshypayment in account

(ii) Driver Admin will complete the top copy of the report attach a copy of the slips The Driver will complete the bottom part of the report and sign it

(iii) Management will need 72 hours (three business days) from the date of Incident Report to investigate the transaction has been settled in the POS unit

(iv) Providing Management confirms the transaction is complete the slips will be credited to the Drivers account and a receipt will be printed A copy of the receipt is attached to the Batch Close Incident Report The Control from the Form is entered when the the amount is credited for reference A receipt can be printed at that time by cashier

(v) In the event that a driver does not have a Batch Close and presents a credit card slip with no signature the following will apply

(vi) If the Driver experiences a problem with the Batch Close or operation of the unit the Driver is to bring the unit to the office during normal hours Management will investigate the issue and call Driver to reshyissue the unit completing paperwork for the replacement unit which the driver will sign

Any driver attempting to defraud a customer by processing a debit or credit slip more than once will be terminated

Collective Agreement laquoCompany)) Page 54

bull

bull

SCHEDULE E STOLEN FARE POLICY

Whenever the Dispatch Supervisor receives a complaint that a fare either dispatched to the complainant or from within the same block of taxi standconcession on which the complainant is parked has been stolen and the identification of the accused is made known the Supervisor shall

(a) Bring the accused to voice and notify himher of the allegations

(b) Inform the complainant that a deposit of forty dollars ($4000) must accompany his accusation and to be deposited within one (1) hour of the complaint Where applicable inform the complainant that the accused wishes to challenge the allegations and the date and time of the hearing shall be known to both parties

(c) A failure of either party to attend the hearing will result in an additional fine of forty dollars ($4000) to be paid within sixty (60) minutes of the conclusion of the hearing or a suspension ob the absent party until payment is received

(d) Inform the accused of the available options

(i) Arrange for repayment of the fare in its entirety to a minimum of forty dollars ($4000) to the complainant a Union representative or the Company on behalf of the complainant within sixty (60) minutes or

(ii) If the allegation is being denied and the accused wishes to refute it forty dollars ($4000) must be deposited at the dispatch office within sixty (60) minutes with a notification to the Dispatch Supervisor that the allegation is being challenged

Where the accused fails to respond to two (2) voice messages or refuses to comply with (c) the accused shall have dispatch services suspended until in compliance or the Company receives instructions from a Union Representative to do otherwise

The penalty for a wrongful accusation is the payment of forty dollars ($4000) to the accused by the accuser in addition to the return of the accuseds deposited payment

It is understood and agreed that the action(s) of the Dispatch Supervisor(s) in the compliance of this Policy is not to be construed as a determination of who is the guilty party In all disputes regarding stolen fares the Committee shall make the final determination with respect to guilt

Collective Agreement laquoCompany Page 55

bull

bull

Note Such fare(s) will not be considered as Stolen Fare(s) if picked up by driver(s) arriving on the Concession(s)Taxi Stand(s) prior the driver(s) who accepted the dispatched fare(s)

Collective Agreement ((Company Page 56

bull bull

APPENDIX 1

PLATE CAR LESSEE IND START LESSEE START

1 1027 5027 ADAM GRANT 1 91111986 111987

2 1015 5015 TIMS VAUGHN 411995 411995

3 1043 5043 MARTON FERENC G 10251995 10251995

4 1050 5050 DUBOIS JOHN 12111994 311996

5 1048 5048 SUNIL JOSHI 1111994 711996

6 1030 5030 SLIM MOHAMED 711996 7111996

7 1041 5041 JAMALEDDINE ZAHER 911996 911996

8 1040 5040 MAHEUX FRANK 11151996 181997

9 1109 1 5109 ASTLEY JAMES 1011994 1131997

10 1045 5045 MELHEM SAMIR 1211996 9211997

11 1028 5028 LABINE ANTHONY 10151980 11281997

12 1054 5054 ELmiddotNEMER NEMER 11131997 21271998

13 1113 5113 WEAGANT BROCK C 82211988 3131998

i

14 1039 5039 SOBH HAC HEM 11171997 5111998

15 1044 1 5044 MOUFARREJ RAYMOND 10241996 1161998

16 1042 5042 MCCONVILLE BILL 311992 11111998

17 1107 5107 GIANNAKOS LOUIS I 9111997 491999

18 1026 5026 VERMA LALIT 51261996 5311999

19 1033 5033 MITCHELL BRUCE 111987 9301999

i

20 1108 5108 PAPPAS CHRISTINE 121111991 1041999

rmiddot 1014 5014 NYTRA BEDRICH 961996 3302000

22 1000 5000 ABOUmiddotARRAG SAM I 611997 7132000

23 1038 5038 MUNROE JOHN 1111977 492001

24 1022 5022 RADULESCU GELU 611999 5232002

25 1139 5139 HASSOUN I MOUFID 71211999 8152002

26 1006 5006 SADER I GHASSAN 6211999 292004

27 1029 5029 CLAYTON GREG 911980 21132004

Collective Agreement ccCompany Page 57

bull

28 1034 5034 IBRAHIM 12301995 4302004

29 1037 5037 ABDALLA HASSAN I 3312000 2202006

30 1010 5010 HASSOUN AD NAN 8272001 312006

31 1031 MASSOUD 1241998 312006

32 1 1o35 5035 JANCO 911992 362006

1 33 1036 5036 SINGH BALWANT 92211999 3172006

Collective Agreement ltltCompanyraquo Page 58

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 55: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

bull

9

given correct training for this There are several steps involved with pre-authorization that must be followed before batch closing

BATCH CLOSING

Drivers must close transaction in the terminals at the end of their shift Credit Card authorizations only remain in the terminal for five (5) days after that the processor closes them automatically Drivers must batch close all credit cards no later than four (4) days in order for the items to appear on the batch close report

Batch Close reports will print separately for Debit and Credit Cards and list the details of the transactions in the terminals showing the card type and the last four (4) digits of the card involved This Batch close cannot be reprinted drivers must hold on to them Attach the slips to the Batch Close and bring to the cashier The cashier will verify the attached slips are on the batch close and proceed to pay or credit the driver assuming all slips are authorized and complete (as discussed above under (1) Authorization Procedures)

The following circumstances regarding Batch Closes will apply

(i) Batch Close with All Debit and Signed Credit Card slips- Driver will be paid or credited at time of presentation at a cashiering station

(ii) Batch Close- No Debit Slips if the batch close shows a Debit Slip and the driver has misplaced or lost the slip the Driver will be paid or credited at the time of presentation at a cashiering station

(iii) Batch Close No Credit Card Slip- No Slip No Payment at time of cashiering (driver is to go to Driver Admin in this instance) If the driver has a signed manual slip and the last 4 numbers of the card match those on the batch close the slip will be accepted by the cashier

NO BATCH CLOSE REPORT -If a Driver has lost or misplaced Batch Close report the Driver is to go straight to Driver Admin (not cashiering) The Driver is to bring the receipts (if there is a credit card slip with no signature there is a separate procedure for this below) he has for which he has not batch close Driver Admin will initiate a Batch Close Incident Report which has a Control Number for future reference The Procedure is as follows

(i) Driver Admin to Photocopy all Slips and write the Control from the Batch Close Incident Form on the photocopy and date the sheet The

Collective Agreement ccCompanyraquo Page 53

bull

bull

Driver is to keep this in the event of a dispute or apparent nonshypayment in account

(ii) Driver Admin will complete the top copy of the report attach a copy of the slips The Driver will complete the bottom part of the report and sign it

(iii) Management will need 72 hours (three business days) from the date of Incident Report to investigate the transaction has been settled in the POS unit

(iv) Providing Management confirms the transaction is complete the slips will be credited to the Drivers account and a receipt will be printed A copy of the receipt is attached to the Batch Close Incident Report The Control from the Form is entered when the the amount is credited for reference A receipt can be printed at that time by cashier

(v) In the event that a driver does not have a Batch Close and presents a credit card slip with no signature the following will apply

(vi) If the Driver experiences a problem with the Batch Close or operation of the unit the Driver is to bring the unit to the office during normal hours Management will investigate the issue and call Driver to reshyissue the unit completing paperwork for the replacement unit which the driver will sign

Any driver attempting to defraud a customer by processing a debit or credit slip more than once will be terminated

Collective Agreement laquoCompany)) Page 54

bull

bull

SCHEDULE E STOLEN FARE POLICY

Whenever the Dispatch Supervisor receives a complaint that a fare either dispatched to the complainant or from within the same block of taxi standconcession on which the complainant is parked has been stolen and the identification of the accused is made known the Supervisor shall

(a) Bring the accused to voice and notify himher of the allegations

(b) Inform the complainant that a deposit of forty dollars ($4000) must accompany his accusation and to be deposited within one (1) hour of the complaint Where applicable inform the complainant that the accused wishes to challenge the allegations and the date and time of the hearing shall be known to both parties

(c) A failure of either party to attend the hearing will result in an additional fine of forty dollars ($4000) to be paid within sixty (60) minutes of the conclusion of the hearing or a suspension ob the absent party until payment is received

(d) Inform the accused of the available options

(i) Arrange for repayment of the fare in its entirety to a minimum of forty dollars ($4000) to the complainant a Union representative or the Company on behalf of the complainant within sixty (60) minutes or

(ii) If the allegation is being denied and the accused wishes to refute it forty dollars ($4000) must be deposited at the dispatch office within sixty (60) minutes with a notification to the Dispatch Supervisor that the allegation is being challenged

Where the accused fails to respond to two (2) voice messages or refuses to comply with (c) the accused shall have dispatch services suspended until in compliance or the Company receives instructions from a Union Representative to do otherwise

The penalty for a wrongful accusation is the payment of forty dollars ($4000) to the accused by the accuser in addition to the return of the accuseds deposited payment

It is understood and agreed that the action(s) of the Dispatch Supervisor(s) in the compliance of this Policy is not to be construed as a determination of who is the guilty party In all disputes regarding stolen fares the Committee shall make the final determination with respect to guilt

Collective Agreement laquoCompany Page 55

bull

bull

Note Such fare(s) will not be considered as Stolen Fare(s) if picked up by driver(s) arriving on the Concession(s)Taxi Stand(s) prior the driver(s) who accepted the dispatched fare(s)

Collective Agreement ((Company Page 56

bull bull

APPENDIX 1

PLATE CAR LESSEE IND START LESSEE START

1 1027 5027 ADAM GRANT 1 91111986 111987

2 1015 5015 TIMS VAUGHN 411995 411995

3 1043 5043 MARTON FERENC G 10251995 10251995

4 1050 5050 DUBOIS JOHN 12111994 311996

5 1048 5048 SUNIL JOSHI 1111994 711996

6 1030 5030 SLIM MOHAMED 711996 7111996

7 1041 5041 JAMALEDDINE ZAHER 911996 911996

8 1040 5040 MAHEUX FRANK 11151996 181997

9 1109 1 5109 ASTLEY JAMES 1011994 1131997

10 1045 5045 MELHEM SAMIR 1211996 9211997

11 1028 5028 LABINE ANTHONY 10151980 11281997

12 1054 5054 ELmiddotNEMER NEMER 11131997 21271998

13 1113 5113 WEAGANT BROCK C 82211988 3131998

i

14 1039 5039 SOBH HAC HEM 11171997 5111998

15 1044 1 5044 MOUFARREJ RAYMOND 10241996 1161998

16 1042 5042 MCCONVILLE BILL 311992 11111998

17 1107 5107 GIANNAKOS LOUIS I 9111997 491999

18 1026 5026 VERMA LALIT 51261996 5311999

19 1033 5033 MITCHELL BRUCE 111987 9301999

i

20 1108 5108 PAPPAS CHRISTINE 121111991 1041999

rmiddot 1014 5014 NYTRA BEDRICH 961996 3302000

22 1000 5000 ABOUmiddotARRAG SAM I 611997 7132000

23 1038 5038 MUNROE JOHN 1111977 492001

24 1022 5022 RADULESCU GELU 611999 5232002

25 1139 5139 HASSOUN I MOUFID 71211999 8152002

26 1006 5006 SADER I GHASSAN 6211999 292004

27 1029 5029 CLAYTON GREG 911980 21132004

Collective Agreement ccCompany Page 57

bull

28 1034 5034 IBRAHIM 12301995 4302004

29 1037 5037 ABDALLA HASSAN I 3312000 2202006

30 1010 5010 HASSOUN AD NAN 8272001 312006

31 1031 MASSOUD 1241998 312006

32 1 1o35 5035 JANCO 911992 362006

1 33 1036 5036 SINGH BALWANT 92211999 3172006

Collective Agreement ltltCompanyraquo Page 58

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 56: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

bull

bull

Driver is to keep this in the event of a dispute or apparent nonshypayment in account

(ii) Driver Admin will complete the top copy of the report attach a copy of the slips The Driver will complete the bottom part of the report and sign it

(iii) Management will need 72 hours (three business days) from the date of Incident Report to investigate the transaction has been settled in the POS unit

(iv) Providing Management confirms the transaction is complete the slips will be credited to the Drivers account and a receipt will be printed A copy of the receipt is attached to the Batch Close Incident Report The Control from the Form is entered when the the amount is credited for reference A receipt can be printed at that time by cashier

(v) In the event that a driver does not have a Batch Close and presents a credit card slip with no signature the following will apply

(vi) If the Driver experiences a problem with the Batch Close or operation of the unit the Driver is to bring the unit to the office during normal hours Management will investigate the issue and call Driver to reshyissue the unit completing paperwork for the replacement unit which the driver will sign

Any driver attempting to defraud a customer by processing a debit or credit slip more than once will be terminated

Collective Agreement laquoCompany)) Page 54

bull

bull

SCHEDULE E STOLEN FARE POLICY

Whenever the Dispatch Supervisor receives a complaint that a fare either dispatched to the complainant or from within the same block of taxi standconcession on which the complainant is parked has been stolen and the identification of the accused is made known the Supervisor shall

(a) Bring the accused to voice and notify himher of the allegations

(b) Inform the complainant that a deposit of forty dollars ($4000) must accompany his accusation and to be deposited within one (1) hour of the complaint Where applicable inform the complainant that the accused wishes to challenge the allegations and the date and time of the hearing shall be known to both parties

(c) A failure of either party to attend the hearing will result in an additional fine of forty dollars ($4000) to be paid within sixty (60) minutes of the conclusion of the hearing or a suspension ob the absent party until payment is received

(d) Inform the accused of the available options

(i) Arrange for repayment of the fare in its entirety to a minimum of forty dollars ($4000) to the complainant a Union representative or the Company on behalf of the complainant within sixty (60) minutes or

(ii) If the allegation is being denied and the accused wishes to refute it forty dollars ($4000) must be deposited at the dispatch office within sixty (60) minutes with a notification to the Dispatch Supervisor that the allegation is being challenged

Where the accused fails to respond to two (2) voice messages or refuses to comply with (c) the accused shall have dispatch services suspended until in compliance or the Company receives instructions from a Union Representative to do otherwise

The penalty for a wrongful accusation is the payment of forty dollars ($4000) to the accused by the accuser in addition to the return of the accuseds deposited payment

It is understood and agreed that the action(s) of the Dispatch Supervisor(s) in the compliance of this Policy is not to be construed as a determination of who is the guilty party In all disputes regarding stolen fares the Committee shall make the final determination with respect to guilt

Collective Agreement laquoCompany Page 55

bull

bull

Note Such fare(s) will not be considered as Stolen Fare(s) if picked up by driver(s) arriving on the Concession(s)Taxi Stand(s) prior the driver(s) who accepted the dispatched fare(s)

Collective Agreement ((Company Page 56

bull bull

APPENDIX 1

PLATE CAR LESSEE IND START LESSEE START

1 1027 5027 ADAM GRANT 1 91111986 111987

2 1015 5015 TIMS VAUGHN 411995 411995

3 1043 5043 MARTON FERENC G 10251995 10251995

4 1050 5050 DUBOIS JOHN 12111994 311996

5 1048 5048 SUNIL JOSHI 1111994 711996

6 1030 5030 SLIM MOHAMED 711996 7111996

7 1041 5041 JAMALEDDINE ZAHER 911996 911996

8 1040 5040 MAHEUX FRANK 11151996 181997

9 1109 1 5109 ASTLEY JAMES 1011994 1131997

10 1045 5045 MELHEM SAMIR 1211996 9211997

11 1028 5028 LABINE ANTHONY 10151980 11281997

12 1054 5054 ELmiddotNEMER NEMER 11131997 21271998

13 1113 5113 WEAGANT BROCK C 82211988 3131998

i

14 1039 5039 SOBH HAC HEM 11171997 5111998

15 1044 1 5044 MOUFARREJ RAYMOND 10241996 1161998

16 1042 5042 MCCONVILLE BILL 311992 11111998

17 1107 5107 GIANNAKOS LOUIS I 9111997 491999

18 1026 5026 VERMA LALIT 51261996 5311999

19 1033 5033 MITCHELL BRUCE 111987 9301999

i

20 1108 5108 PAPPAS CHRISTINE 121111991 1041999

rmiddot 1014 5014 NYTRA BEDRICH 961996 3302000

22 1000 5000 ABOUmiddotARRAG SAM I 611997 7132000

23 1038 5038 MUNROE JOHN 1111977 492001

24 1022 5022 RADULESCU GELU 611999 5232002

25 1139 5139 HASSOUN I MOUFID 71211999 8152002

26 1006 5006 SADER I GHASSAN 6211999 292004

27 1029 5029 CLAYTON GREG 911980 21132004

Collective Agreement ccCompany Page 57

bull

28 1034 5034 IBRAHIM 12301995 4302004

29 1037 5037 ABDALLA HASSAN I 3312000 2202006

30 1010 5010 HASSOUN AD NAN 8272001 312006

31 1031 MASSOUD 1241998 312006

32 1 1o35 5035 JANCO 911992 362006

1 33 1036 5036 SINGH BALWANT 92211999 3172006

Collective Agreement ltltCompanyraquo Page 58

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 57: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

bull

bull

SCHEDULE E STOLEN FARE POLICY

Whenever the Dispatch Supervisor receives a complaint that a fare either dispatched to the complainant or from within the same block of taxi standconcession on which the complainant is parked has been stolen and the identification of the accused is made known the Supervisor shall

(a) Bring the accused to voice and notify himher of the allegations

(b) Inform the complainant that a deposit of forty dollars ($4000) must accompany his accusation and to be deposited within one (1) hour of the complaint Where applicable inform the complainant that the accused wishes to challenge the allegations and the date and time of the hearing shall be known to both parties

(c) A failure of either party to attend the hearing will result in an additional fine of forty dollars ($4000) to be paid within sixty (60) minutes of the conclusion of the hearing or a suspension ob the absent party until payment is received

(d) Inform the accused of the available options

(i) Arrange for repayment of the fare in its entirety to a minimum of forty dollars ($4000) to the complainant a Union representative or the Company on behalf of the complainant within sixty (60) minutes or

(ii) If the allegation is being denied and the accused wishes to refute it forty dollars ($4000) must be deposited at the dispatch office within sixty (60) minutes with a notification to the Dispatch Supervisor that the allegation is being challenged

Where the accused fails to respond to two (2) voice messages or refuses to comply with (c) the accused shall have dispatch services suspended until in compliance or the Company receives instructions from a Union Representative to do otherwise

The penalty for a wrongful accusation is the payment of forty dollars ($4000) to the accused by the accuser in addition to the return of the accuseds deposited payment

It is understood and agreed that the action(s) of the Dispatch Supervisor(s) in the compliance of this Policy is not to be construed as a determination of who is the guilty party In all disputes regarding stolen fares the Committee shall make the final determination with respect to guilt

Collective Agreement laquoCompany Page 55

bull

bull

Note Such fare(s) will not be considered as Stolen Fare(s) if picked up by driver(s) arriving on the Concession(s)Taxi Stand(s) prior the driver(s) who accepted the dispatched fare(s)

Collective Agreement ((Company Page 56

bull bull

APPENDIX 1

PLATE CAR LESSEE IND START LESSEE START

1 1027 5027 ADAM GRANT 1 91111986 111987

2 1015 5015 TIMS VAUGHN 411995 411995

3 1043 5043 MARTON FERENC G 10251995 10251995

4 1050 5050 DUBOIS JOHN 12111994 311996

5 1048 5048 SUNIL JOSHI 1111994 711996

6 1030 5030 SLIM MOHAMED 711996 7111996

7 1041 5041 JAMALEDDINE ZAHER 911996 911996

8 1040 5040 MAHEUX FRANK 11151996 181997

9 1109 1 5109 ASTLEY JAMES 1011994 1131997

10 1045 5045 MELHEM SAMIR 1211996 9211997

11 1028 5028 LABINE ANTHONY 10151980 11281997

12 1054 5054 ELmiddotNEMER NEMER 11131997 21271998

13 1113 5113 WEAGANT BROCK C 82211988 3131998

i

14 1039 5039 SOBH HAC HEM 11171997 5111998

15 1044 1 5044 MOUFARREJ RAYMOND 10241996 1161998

16 1042 5042 MCCONVILLE BILL 311992 11111998

17 1107 5107 GIANNAKOS LOUIS I 9111997 491999

18 1026 5026 VERMA LALIT 51261996 5311999

19 1033 5033 MITCHELL BRUCE 111987 9301999

i

20 1108 5108 PAPPAS CHRISTINE 121111991 1041999

rmiddot 1014 5014 NYTRA BEDRICH 961996 3302000

22 1000 5000 ABOUmiddotARRAG SAM I 611997 7132000

23 1038 5038 MUNROE JOHN 1111977 492001

24 1022 5022 RADULESCU GELU 611999 5232002

25 1139 5139 HASSOUN I MOUFID 71211999 8152002

26 1006 5006 SADER I GHASSAN 6211999 292004

27 1029 5029 CLAYTON GREG 911980 21132004

Collective Agreement ccCompany Page 57

bull

28 1034 5034 IBRAHIM 12301995 4302004

29 1037 5037 ABDALLA HASSAN I 3312000 2202006

30 1010 5010 HASSOUN AD NAN 8272001 312006

31 1031 MASSOUD 1241998 312006

32 1 1o35 5035 JANCO 911992 362006

1 33 1036 5036 SINGH BALWANT 92211999 3172006

Collective Agreement ltltCompanyraquo Page 58

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 58: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

bull

bull

Note Such fare(s) will not be considered as Stolen Fare(s) if picked up by driver(s) arriving on the Concession(s)Taxi Stand(s) prior the driver(s) who accepted the dispatched fare(s)

Collective Agreement ((Company Page 56

bull bull

APPENDIX 1

PLATE CAR LESSEE IND START LESSEE START

1 1027 5027 ADAM GRANT 1 91111986 111987

2 1015 5015 TIMS VAUGHN 411995 411995

3 1043 5043 MARTON FERENC G 10251995 10251995

4 1050 5050 DUBOIS JOHN 12111994 311996

5 1048 5048 SUNIL JOSHI 1111994 711996

6 1030 5030 SLIM MOHAMED 711996 7111996

7 1041 5041 JAMALEDDINE ZAHER 911996 911996

8 1040 5040 MAHEUX FRANK 11151996 181997

9 1109 1 5109 ASTLEY JAMES 1011994 1131997

10 1045 5045 MELHEM SAMIR 1211996 9211997

11 1028 5028 LABINE ANTHONY 10151980 11281997

12 1054 5054 ELmiddotNEMER NEMER 11131997 21271998

13 1113 5113 WEAGANT BROCK C 82211988 3131998

i

14 1039 5039 SOBH HAC HEM 11171997 5111998

15 1044 1 5044 MOUFARREJ RAYMOND 10241996 1161998

16 1042 5042 MCCONVILLE BILL 311992 11111998

17 1107 5107 GIANNAKOS LOUIS I 9111997 491999

18 1026 5026 VERMA LALIT 51261996 5311999

19 1033 5033 MITCHELL BRUCE 111987 9301999

i

20 1108 5108 PAPPAS CHRISTINE 121111991 1041999

rmiddot 1014 5014 NYTRA BEDRICH 961996 3302000

22 1000 5000 ABOUmiddotARRAG SAM I 611997 7132000

23 1038 5038 MUNROE JOHN 1111977 492001

24 1022 5022 RADULESCU GELU 611999 5232002

25 1139 5139 HASSOUN I MOUFID 71211999 8152002

26 1006 5006 SADER I GHASSAN 6211999 292004

27 1029 5029 CLAYTON GREG 911980 21132004

Collective Agreement ccCompany Page 57

bull

28 1034 5034 IBRAHIM 12301995 4302004

29 1037 5037 ABDALLA HASSAN I 3312000 2202006

30 1010 5010 HASSOUN AD NAN 8272001 312006

31 1031 MASSOUD 1241998 312006

32 1 1o35 5035 JANCO 911992 362006

1 33 1036 5036 SINGH BALWANT 92211999 3172006

Collective Agreement ltltCompanyraquo Page 58

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 59: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

bull bull

APPENDIX 1

PLATE CAR LESSEE IND START LESSEE START

1 1027 5027 ADAM GRANT 1 91111986 111987

2 1015 5015 TIMS VAUGHN 411995 411995

3 1043 5043 MARTON FERENC G 10251995 10251995

4 1050 5050 DUBOIS JOHN 12111994 311996

5 1048 5048 SUNIL JOSHI 1111994 711996

6 1030 5030 SLIM MOHAMED 711996 7111996

7 1041 5041 JAMALEDDINE ZAHER 911996 911996

8 1040 5040 MAHEUX FRANK 11151996 181997

9 1109 1 5109 ASTLEY JAMES 1011994 1131997

10 1045 5045 MELHEM SAMIR 1211996 9211997

11 1028 5028 LABINE ANTHONY 10151980 11281997

12 1054 5054 ELmiddotNEMER NEMER 11131997 21271998

13 1113 5113 WEAGANT BROCK C 82211988 3131998

i

14 1039 5039 SOBH HAC HEM 11171997 5111998

15 1044 1 5044 MOUFARREJ RAYMOND 10241996 1161998

16 1042 5042 MCCONVILLE BILL 311992 11111998

17 1107 5107 GIANNAKOS LOUIS I 9111997 491999

18 1026 5026 VERMA LALIT 51261996 5311999

19 1033 5033 MITCHELL BRUCE 111987 9301999

i

20 1108 5108 PAPPAS CHRISTINE 121111991 1041999

rmiddot 1014 5014 NYTRA BEDRICH 961996 3302000

22 1000 5000 ABOUmiddotARRAG SAM I 611997 7132000

23 1038 5038 MUNROE JOHN 1111977 492001

24 1022 5022 RADULESCU GELU 611999 5232002

25 1139 5139 HASSOUN I MOUFID 71211999 8152002

26 1006 5006 SADER I GHASSAN 6211999 292004

27 1029 5029 CLAYTON GREG 911980 21132004

Collective Agreement ccCompany Page 57

bull

28 1034 5034 IBRAHIM 12301995 4302004

29 1037 5037 ABDALLA HASSAN I 3312000 2202006

30 1010 5010 HASSOUN AD NAN 8272001 312006

31 1031 MASSOUD 1241998 312006

32 1 1o35 5035 JANCO 911992 362006

1 33 1036 5036 SINGH BALWANT 92211999 3172006

Collective Agreement ltltCompanyraquo Page 58

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 60: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

bull

28 1034 5034 IBRAHIM 12301995 4302004

29 1037 5037 ABDALLA HASSAN I 3312000 2202006

30 1010 5010 HASSOUN AD NAN 8272001 312006

31 1031 MASSOUD 1241998 312006

32 1 1o35 5035 JANCO 911992 362006

1 33 1036 5036 SINGH BALWANT 92211999 3172006

Collective Agreement ltltCompanyraquo Page 58

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 61: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

bull

APPENDIX 2 PARA TRANSPO TRANSIT SERVICES

Assignment of Routes Protocol

1 When the Company requires Para account drivers a sign up sheet will be posted at the Companys office

2 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers All authorized drivers are responsible to comply at a minimum with the requirements set out in the City of Ottawas RFP for providing Para Services

3 The Company accepts the routes as designed by Para Transpo In order to ensure fair distribution of routes authorized Para drivers shall receive their daily route by a blind draw from amongst all available routes

4 In the event of any changes additions cancellations emergencies etc to any route during a day the Company may communicate with Para drivers by any means not limited to the Companys dispatchcomputer system to advise them of any such adjustments

5 Para drivers while performing the work associated with their route shall not be booked in the computer system However where adjustment to a Para drivers route results in a break in service in excess of one (1) hour the driver shall be entitled to book on the computer system for this time

6 Drivers who are deemed to be working full-time Para rotation shall commit to working the hours assigned to their runs Any driver who returns their daily route sheet prior to completion without just cause shall be deemed ineligible to perform any further Para Transpo work

7 Para drivers having appointments or obligations which would result in their not being able to complete their entire days route must inform the Company immediately in order to allow the Company to make alternate arrangement including but not limited to giving that drivers route to another eligible driver for that day

Collective Agreement laquoCompanyraquo Page 59

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60

Page 62: CAW.TCA CANADA - sdc.gov.on.ca · CANADA (CAW .. CANADA) AND ITS LOCAL 1688 ~ istry of labour [ i pute Resolution Services I < lective Bargaining Information Seivlces F No.: 5\'l.·

bull

LETTER OF UNDERSTANDING N01 DISPATCH

The Company agrees to have a call-taker dedicated to DJs during the following hours

bull 0600 - 1800 bull 0600 - 0200 bull 1800 - 0200

Mondays to Wednesdays Thursdays and Fridays Saturdays

The Company agrees to use its best to use its best efforts to have drivers responded to in an acceptable time frame

The Company further agrees to investigate the possibility of

bull Having UDI back-ended bull Removing phone numbers of Seniors and Nursing Homes from being

answered by UDI bull Establishment of a Committee to address and implement back-up

zones within thirty (30) days of ratification bull Establishment of a Committee to address how to deal with fares east of

Bron$on Ave bull Establishment of a Committee to address zone sizes within sixty (60)

days of ratification

FOR THE~

~~

21-Dec-11 hheldi fllesmohamaddjscontractsdjs final contract 2011-2014doc HTcope343

Collective Agreement laquoCompanyraquo Page60