COCA-COLA REFRESHMENTS CANADA … REFRESHMENTS CANADA COMPANY (Barrie) Barrie- I (the "Company") ·...

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COCA-COLA REFRESHMENTS CANADA COMPANY (Barrie) Barrie- I (the "Company") · Refreshments Canada Company AND UNITED FOOD & COMMERCIAL WORKERS CANADA, LOCAL 175 (the "Union") Expires December 31,2015

Transcript of COCA-COLA REFRESHMENTS CANADA … REFRESHMENTS CANADA COMPANY (Barrie) Barrie- I (the "Company") ·...

COCA-COLA REFRESHMENTS CANADA COMPANY (Barrie)

Barrie- I

(the "Company")

· Refreshments Canada Company

AND

UNITED FOOD & COMMERCIAL WORKERS CANADA, LOCAL 175

(the "Union")

Expires December 31,2015

INDEX

ARTICLE 1 - PURPOSE .................................................................................................. 3 ARTICLE 2- RECOGNITION .......................................................................................... 3 ARTICLE 3 - REPRESENTATION ................................................................................. .4 ARTICLE 4- MANAGEMENT RIGHTS ........................................................................... 5 ARTICLE 5- NO STRIKES OR LOCKOUTS .................................................................. 5 ARTICLE 6- UNION ACTIVITIES ................................................................................... 6 ARTICLE 7- GRIEVANCES ............................................................................................ B ARTICLE 8- SENIORITY .............................................................................................. 11 ARTICLE 9- HOURS OF WORK AND OVERTIME ...................................................... 15 ARTICLE 10- ROTATING SHIFTS ............................................................................... 18 ARTICLE 11 -PAID HOLIDAYS .................................................................................... 19 ARTICLE 12- VACATIONS ........................................................................................... 20 ARTICLE 13 - LONG SERVICE LEAVE ........................................................................ 22 ARTICLE 14- WORK CLOTHING ................................................................................ 23 ARTICLE 15 - LEAVES OF ABSENCE ......................................................................... 24 ARTICLE 16- SICK PAY/PERSONAL DAY CREDITS ................................................ 24 ARTICLE 17- WAGE SCHEDULES ............................................................................ 25 ARTICLE 18- TECHNOLOGICAL CHANGE ................................................................ 26 ARTICLE 19- SAFETY ................................................................................................. 28 ARTICLE 20- WORK OF BARGAINING UNIT ............................................................. 28 ARTICLE 21 -HEALTH INSURANCE PLANS .............................................................. 28 ARTICLE 22 - DURATION OF AGREEMENT ............................................................... 29

LETTERS OF UNDERSTANDING/AGREEMENT:

Re: Long Term Disability Plan ................................................................... 31 Re: Work Scheduling Changes and Weekend Premiums ......................... 33 Re: C.C.W.I.P.P. Pension Plan ................................................................. 35

Re: UFCW Education Fund ....................................................................... 39 Re: Temporary Employees ........................................................................ 40 Re: Twelve Hour Shift Arrangements ........................................................ 41 Re: Service Department ............................................................................ 42 Re: Equipment Service Trainees ............................................................... 43 Re: Arbitration Time Limits ........................................................................ 45

Re: Substance Abuse ................................................................................ 46 Re: Leukemia Payroll Deduction ............................................................... 47 Re: Preferred Work Assignment.. .............................................................. 48 Re: Vacation Scheduling ........................................................................... 49

Re: Transition Plan for Vacation Adjustment by Calendar Year ................ 52 Re: Union-Management Meeting ............................................................... 53 Re: Shipping & Receiving Premium ........................................................... 54 Re: Signing Page Concerning Letters of Understanding/Agreement ........ 55

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ARTICLE 1 - PURPOSE

1.01 It is the purpose of this Agreement to promote harmonious relations between the Company and its employees and to provide an amicable method of settling differences.

ARTICLE 2- RECOGNITION

2.01 The word "employees" whenever used in this Agreement shall mean all employees of the Company at its Plant at Barrie, save and except account managers, sales execution specialists, operations supervisors, persons above the rank of operations supervisor, office, clerical and all other sales staff.

2.02 The expression "Outside Employee" means an employee in the category of Driver, Sales Equipment Serviceman and Sales Equipment Deliveryman and Sales Equipment Trainee.

2.03 The expression "Inside employee" means an employee who is not an "Outside employee".

2.04 A "probationary employee" means a regular full-time employee who has not yet completed sixty-five (65) days of actual work within a period of six (6) consecutive months, at the Barrie location. On completion of his probationary period, such employee will be credited with service seniority from the date he was last hired in Barrie.

2.05 a) A "temporary employee" shall mean an employee who has not yet been accepted by the Company as a regular full-time employee. A temporary employee will be used by the Company to perform temporary increased work assignments. A temporary employee shall have no rights under the seniority provisions of this Agreement. A temporary employee shall not be utilized by the Company:

i. to deprive a regular employee on layoff of the opportunity of employment in a position for which that regular employee has the ability and qualifications necessary for the work available; or

ii. to replace a regular employee except in instances of vacation, illness, injury or other absences from work.

Temporary employees shall be eligible for vacations and paid holidays only in accordance with the Employment Standards Act.

b) A temporary employee who is awarded a full-time position and who has worked 65 days in the 6 months immediately prior to becoming full-time, shall be considered to have successfully completed his probationary period and shall be credited with seniority commencing on the date he was reclassified to full-time plus an additional sixty-five (65) working days.

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ARTICLE 3- REPRESENTATION

3.01 The Company recognizes the Union as the exclusive bargaining agent of the employees as herein defined.

3.02 There shall be no discrimination against any employee because of race, colour, creed, sex, or membership in the Union.

3.03 a) Every new employee (other than a temporary employee) shall, on completion of his probationary period and as a condition of his continued employment become and remain a member, in good standing, of the Union.

b) The Union agrees that it will not refuse membership to any employee without just cause. Whenever an employee is suspended or expelled from membership the Union will give the Company, in writing, just reasons for such action.

3.04 a) Every employee shall, as a condition of his continued employment, authorize the Company in writing, to deduct from each pay payable to him, therefore, such amount as may from time to time be certified in writing by the Union to the Company as being the amount of Union Dues currently payable.

b) Every new employee (other than a temporary employee) shall, on completion of his probationary period, complete and sign an application for membership in the Union and an authorization for deduction from his pay of such amount as may at that time be certified by the Union to the Company as being the amount of the Union's standard Initiation Fee.

c) The Company shall collect membership initiation fees as established by U.F.C.W. Local 175 and deduct from the membership of the bargaining unit the regular dues. Employees shall authorize such deductions by signing forms supplied by the Union. Such monies shall be remitted to U.F.C.W. Local 175 prior to the 151

h day of the month following the month such deductions were made.

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On a monthly basis the Company shall notify U.F.C.W. Local 175 of the name of new employees, their classification and rate of pay in addition to all terminations.

The deduction statement shall contain the full name of the employee and his starting date and social insurance number. Such information will, if possible given the Company's payroll system be provided in a format that is machine readable. The Company agrees to record the annual dues deductions for each employee on his T4 form.

3.05 a) It is recognized and mutually agreed that management may, from time to time, have occasion to interview employees with respect to their job performance and that the objective of such interviews is corrective in nature, rather than punitive. Such interviews will normally be conducted on a "one-on-one" basis. However, should it become necessary to officially warn an employee that failure to improve his record with the Company may result in disciplinary action being taken, such employee may, if he so wishes, have his Steward present at such meeting and the giving of the warning shall be confirmed to the employee by the Company in writing. A copy of such letter will be mailed to the Union's office.

b) After a period of eighteen (18) months free of any warning or suspension, or a period of three (3) years in any event, previous warnings or disciplinary actions will not be used in progressive steps or in arbitrations.

3.06 The Company to supply the Union office with a list of all employees on an annual basis.

• full name • address • phone number

This list of employees is to be in alphabetical order.

3.07 Representatives of the UFCW Local 175 shall be permitted to visit the Company's premises to carry out the business of the Union, provided such is approved in advance by the Distribution Centre Manager or his designate. Such business shall be conducted in an appropriate designated area and shall not disrupt the Company's business.

ARTICLE 4 - MANAGEMENT RIGHTS

4.01 The Union agrees that, subject to the restrictions imposed by law, the Company has the exclusive right to manage and operate its Plants and equipment and to carry on its business. The Union also agrees that, subject to the restrictions imposed by law or by the terms of this Agreement, the Company has the right to decide from time to time all matters relating to the terms and conditions of employment of the employees, including the duties and conduct to be required of them. The Company agrees that it will not discipline, suspend or discharge any employee without just cause. The Company further agrees that the Union and the employees shall have the right to grieve should the Company exercise any of its functions in violation of, or inconsistent with, any provision of this Agreement.

ARTICLE 5 - NO STRIKES OR LOCKOUTS

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5.01 There shall be no strikes or lockouts so long as this Agreement continues to operate. The terms "strikes" and "lockouts" will have the same definitions as those set out in the Labour Relations Act of Ontario.

ARTICLE 6 - UNION ACTIVITIES

6.01 There shall be no Union activities during working hours which interfere with the duties of any employee unless permission is first obtained from the employee's immediate supervisor. Such permission will not be unreasonably withheld and all such time off during an employee's regular working hours shall be without loss of pay.

6.02 The Company will make available for the use of the Union a bulletin board for each seniority group whereon the Union may post such notices as it desires to bring to the attention of employees provided, however, that no such notice may be posted at places other than on these bulletin boards and further provided that no such notice may be posted until it has been signed by an Officer of the Union and by a representative of management.

6.03 From time to time during the currency of this Agreement, upon the written request of the Union, the Company will grant leaves of absence without pay to the employees named in such request to enable them to participate in Union activities. No such leave of absence shall be for a period of less than one (1) day or more than seven (7) days except that where a leave is granted to an employee to enable him to attend a Union convention, the maximum of seven (7) days may be exceeded to the extent of necessary travel time to the place of convention and return. No more than three (3) such leaves will be granted in any one year of the currency of this Agreement and no more than one (1) employee may be absent on such leave at any one time. If the maximum of three (3) leaves in any year of this Agreement has been granted, the Company will consider any further request for such leave in that year on an individual basis.

6.04 From time to time during the currency of this Agreement and upon the written request of the Union, the Company will grant a leave of absence without pay to any employee for the purpose of attending to Union business. Such leave of absence shall be for a period of not less than one (1) month and not more than one (1) employee shall be entitled to any such leave of absence at any one time. Where such leave is to be for a period of less than one (1) year, the Union shall specify the period to be covered. If the leave is expected to be required for a period in excess of one ( 1) year, it shall be treated as an indefinite leave of absence and the Company's approval of such leave shall be considered to continue throughout the life of this Agreement. To the extent that it is practical to do so, the Company will endeavour to arrange for the continuance of both Company and Government welfare benefits while an employee is absent on such leave.

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6.05 With respect to employees granted leave of absence under the provisions of clauses 6.03 or 6.04 above, it is agreed that on the written request of the Union:

a) Each employee shall receive from the Company in respect of each day of absence on such leave, an amount equivalent to:

i. the regular straight-time hourly rate then in effect of his employment classification, multiplied by eight (8) or ten (1 0) or twelve (12) hours, as applicable,

--LESS--ii. all deductions normally withheld by law from an employee's pay

and, if applicable, the employees contributions to the Extended Group Insurance Plan, Employees' Retirement Plan and the Employees Stock Ownership Plan.

b) The Union shall promptly reimburse the Company for the sum of:

i. the gross amount of the payment calculated as set out in (a)(i) above,

--PLUS--ii. any amount which becomes payable by the Company as a result of

the Company having made to any employee a payment under the provisions of (a) above (e.g. Company contributions to the Employee Stock Ownership Plan, the Extended Group Insurance Plan, Employment Insurance, Government Pension Plan, etc.).

In the event of failure of the Union to so reimburse the Company, all payments to employees under (a) above shall immediately cease.

c) In consideration of the agreement of the Company to make payments as provided above, the Union agrees to indemnify the Company and save it harmless from and against any and all claims, payments, and costs of any kind which it may receive, make or suffer, directly or indirectly, through having agreed to make and having made such payments, deductions and contributions or by reason of any imputed employment relationship which might be alleged to exist between such employee and the Company by reason of the making of such payments.

6.06 The granting of any leave of absence under clauses 6.03 or 6.04 may be refused by the Company when the granting of the same would be unreasonable having regard to the requirements of operations.

6.07 a) Every Union Steward and every officer of the Union who is an employee shall be allowed such time off as may be necessary to enable him to attend those appointments within management personnel at which his presence is required under the provisions of Article 7 and every employee who is a necessary witness at a grievance meeting or at a grievance arbitration

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hearing established under Article 7 shall be allowed such time off as may be necessary to enable him to give evidence at such hearing.

b) Should a Union Steward be scheduled to be on duty during the time in which a regularly scheduled meeting of the general membership of the Union is to be held, such Steward shall (provided his request is made at least twenty­four (24) hours in advance) be allowed such time off work as may be reasonably required in the circumstances to permit him to attend such meeting.

c) The allowing of time off under the provisions of this clause 6.07 shall be subject to the employee having obtained permission to leave his work from his Supervisor. All such time off during an employee's regular working hours shall be without loss of pay, provided, however, that the Company may discontinue paying for such time off, if in its opinion the privilege of requesting such time off is being abused.

6.08 At the request of the Union, the Company will grant time off, without loss of pay, to include one (1) day of preparation for the Plant Chair only to not more than one (1) employee from the inside, outside and coolershop/service technician plus the Plant Chairperson (for a total not to exceed four (4) employees) covered by this Collective Agreement to allow them to be members of the Union Negotiating Committee and to enable them to attend arranged meetings with Company representatives or with a Conciliation Officer for the purpose of negotiating a renewal of this Collective Agreement. The allowing of any such time off shall, however, be subject to the employee having obtained permission to leave his work from his Supervisor.

ARTICLE 7- GRIEVANCES

7.01 The Union Stewards herein referred to shall be employees of the Company and shall not be more than two (2) in number plus the Plant Chairperson, who shall also be a steward.

The Union will notify the Company in writing of the names of such Stewards and may also notify the Company of the names of not more than an equal number of additional employees at each location who may serve as alternate Stewards in the absence from work of a regular Steward. The Company will not recognize any individual as a Steward until it has received such notification from the Union.

7.02 a) In this Agreement, a "grievance" shall consist only of a difference concerning the interpretation, application, administration or alleged violation of any provision of this Agreement, including any question as to whether a matter is arbitrable.

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b) Should any complaint or misunderstanding arise which is not a "grievance" as defined above and if the matter is not resolved with reasonable

promptness, it may be taken up through the procedure provided herein for the hearing of grievances; it being understood and agreed, however, that such a matter shall not, under any circumstances, be taken to arbitration.

c) If any question arises as to whether a particular difference is or is not a grievance within the meaning of this Agreement, that question may be taken up through the grievance procedure and determined, if necessary, by arbitration.

d) There shall be an earnest effort on the part of the employees and both parties to this Agreement to deal with complaints and grievances promptly through the procedure provided below.

7.03 INDIVIDUAL GRIEVANCE

An employee who has a complaint or a grievance will ordinarily discuss the matter with his immediate supervisor and if the matter is not resolved in that discussion, he may refer the question to his Steward for consideration. However, should the nature of the complaint or grievance be such that the employee prefers to refer it to his Steward first, then he may do so. At any rate, a complaint or a grievance must be taken up within ten (10) working days of the event giving rise to the complaint or grievance.

Step 1 If a complaint or grievance is referred by an employee to his Steward and if the Steward considers that there may be a reasonable basis for the complaint or grievance, the employee and the Steward may refer the matter in writing to the Supervisor, (or his designate).

Step 2 If the complaint or grievance remains unsettled for five (5) working days after its presentation at Step 1, it may, within five ( 5) working days after the hearing at Step 1 be referred in writing at Step 2 in sufficient detail to define the issue, to the appropriate management representative. Within five (5) working days of the submission of a complaint or grievance at Step 2, the management representative (or such other persons, up to two (2) in number, as he/she may designate) shall meet with the employee, his Steward, the Plant Chair Person and a full-time representative of the Union (or such other persons, up to two (2) in number, as he/she may designate) to discuss the matter. The Company's decision will be given in writing, with sufficient explanations, to the employee and the Union within ten (10) working days after such meeting.

7.04 COLLECTIVE GRIEVANCE

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Should a group of two (2) or more employees who have a complaint or grievance based upon the same provision or provisions of this Agreement or upon similar facts, desire to have such matter dealt with collectively rather than as individual complaints or grievances, they may, provided it is done within ten (10) days of

the event giving rise to it, present such matter in writing signed by each such aggrieved employee to the appropriate management representative, setting out sufficient detail to define the issue: An opportunity for oral discussion between the officials of the Union (not exceeding three (3) in number) and representatives of management (not exceeding three (3) in number) will be given and failing agreement, the Company shall deliver to the Union a reply in writing within ten (10) working days after receipt of the written submission.

7.05 COMPANY/UNION GRIEVANCE

Should any complaint or grievance arise directly between the Company and the Union, it should be dealt with as follows: it may, provided it is done within ten (1 0) days of the event giving rise to it, be presented in writing by either of such parties to the other, setting out sufficient detail to define the issue. An opportunity for oral discussion between the officials of the Union (not exceeding three (3) in number) and representatives of management (not exceeding three (3) in number) will be given and, failing agreement, the party to whom such matter was submitted shall deliver to the other party a reply in writing to such submission within ten (10) working days after the receipt of such submission.

7.06 SUSPENSION OR DISCHARGE

a) When an employee is to be suspended or discharged, he may, if he so wishes, have his Steward present for such meeting and the reasons for such suspension or discharge will be given. In any event, an employee who is suspended or discharged will be given an opportunity to discuss the matter with his Steward before leaving the Company's premises.

Such suspension or discharge shall be confirmed to the employee by the Company in writing and a copy of such letter will be mailed to the Union's office.

b) Any grievance relating to the suspension or discharge of any employee shall be submitted directly at Step 2 of the Individual Grievance Procedure within ten (10) working days of such suspension or discharge and not otherwise. In the event that it should be decided that the suspension or discharge of any employee is without just cause, the Company shall reinstate such employee and pay full compensation at the employee's regular hourly rate for time lost (to a maximum of forty (40) hours per week). Upon such reinstatement, there shall be deemed to have been no break in such employee's service with the Company.

7.07 APPROPRIATE MANAGEMENT REPRESENTATIVE

The "appropriate management representative" as referred to in the grievance procedures shall be as follows:

Step 1 Supervisor

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Step2 Department Manager

7.08 GENERAL

Should any employee, employees, the Union or the Company take advantage of the procedure provided herein for the hearing of complaints or grievances, each step in such procedure (up to and including, in the case of a grievance only, the request for appointment of an arbitrator) required to effect a final disposition of the matter shall be taken by such employee, employees, the Union or the Company, as the case may be, within the time limits set forth in this Agreement or the matter shall be deemed to have been abandoned. In determining such time limits, no account shall be taken of the day on which the complaint or grievance was presented and any time limit fixed by this Agreement may be extended by written agreement of the Company and the Union. Saturdays, Sundays, observed holidays and scheduled days off shall not count as "working days" as referred to in this Article 7.

7.09 ARBITRATION

Should any grievance (as defined in clause 7.02(a) hereof) arise which is not satisfactorily determined under the foregoing provisions, and should either the Union or the Company desire to carry the matter further, the matter shall then, by notice in writing given to the other party within thirty (30) calendar days from the giving of the latest decision referred to above, be referred either by the Company or the Union to arbitration. It is understood and agreed that complaints and misunderstandings as referred to in clause 7.02(b) hereof, shall not be arbitrable.

Any matter referred to arbitration shall be heard by a single arbitrator who shall be chosen having regard to his impartiality, his qualifications in the interpretation of agreements and his familiarity with industrial matters.

An earnest effort will be made by both the Company and the Union to reach mutual agreement on the person to be requested to serve as arbitrator but if such agreement cannot be reached within fifteen (15) working days of the date of notice of arbitration, then the parties shall request the Minister of Labour for the Province of Ontario to make the appointment.

ARTICLE 8 - SENIORITY

8.01 a) Seniority of an employee shall mean the length of his unbroken service, after completion of the probationary period at the Barrie location as outlined in Article 2.04; with the Company in the Bargaining Unit covered by this Agreement, except as provided in clauses 8.01(b) and (c) below.

b) It is agreed that clause 8.01(a) above shall not be applied to alter any seniority date which has been established prior to the effective date of this Agreement.

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c) An employee who is or has been transferred from the Bargaining Unit to a job with the Company outside the Bargaining Unit for a period in excess of six (6) months shall not continue to accumulate seniority beyond such six (6) months, and may thereafter return to the Unit only to fill a vacancy which would otherwise be filled by a new hire.

For the purposes of this Article 8, inside employees and outside employees shall be considered as separate seniority groups, however should an employee in one seniority group apply for and be awarded a position in the other seniority group in accordance with this Article 8, such employee shall be credited with their full seniority but may not surpass any employee currently on the seniority list (as at May 27, 2007) that such employee is moving to.

8.02 For the purposes of this Article 8, inside employees and outside employees shall be considered as separate seniority groups.

8.03 Separate seniority lists shall be maintained by the Company for each of the seniority groups referred to in clause 8.02 above, showing the name and seniority date of each employee who has acquired seniority under this Agreement. If two (2) or more employees are hired on the same day, the times of hiring will determine their seniority ranking.

These lists will be brought up to date every three (3) months and, at each revision, will be posted on the Union bulletin board for a period of five (5) working days. During that interval, any employee whose name appears on the list for the first time may question his seniority ranking if he is in disagreement with it. If no written complaint is received by the Company within five (5) working days of the posting of a seniority list, the revisions contained in that list shall be deemed to be correct by all concerned.

A copy of each updated list will be mailed to the Union Office and a copy given to the Plant Chair.

8.04 An employee's service with the Company shall be broken and employment shall be deemed to be terminated if that employee:

a) voluntarily quits; or b) is discharged and such discharge is not reversed; or c) fails to notify the Employer within two (2) working days that he will report

for work after being notified by the Employer to do so or subsequently fails to report for work within five (5) working days after being notified by the Employer by telephone, registered mail or telegram to report for work, unless a reason satisfactory to the Employer is given; or

d) is absent for three (3) consecutive working days unless a reason satisfactory to the Company is given; or

e) is absent due to layoff for more than eighteen (18) months; or f) fails to return to work upon the termination of an authorized leave of

absence unless a reason satisfactory to the Company is given or utilizes a

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leave of absence for purposes other than those for which the leave of absence was granted, unless a reason satisfactory to the Company is given;

Employees are expected to notify the Company of any change of address or telephone number. The Company shall rely upon the last address and telephone number furnished by the employee to it for all purposes.

8.05 In all cases of promotion, transfer, demotion, layoff or recall, the following factors shall be considered:

a) seniority;

b) ability and physical capacity to perform the work available.

Where the factors in (b) above are relatively equal, seniority shall govern.

8.06 TRANSFERS/PROMOTIONS

a) A transfer is the re-assignment of an employee to a vacancy in a classification other than his existing classification.

b) If a permanent vacancy should occur in any seniority group, the Company shall post a notice setting forth the nature of the job and the rate of pay. All regular employees in that seniority group who have completed their probationary period shall have the right to apply for the job. The notice shall be posted for five (5) working days and all applications must be made within this time.

c) The Company will select the successful applicant within five (5) working days of the close of the posting period and will within a further three (3) days advise the employees of its decision by posting that information on the appropriate bulletin board.

d) If an employee was absent on vacation or an approved leave of absence (not exceeding two (2) months) at the time of posting of a job for which he is qualified, he may apply for consideration for that job within five (5) days of his return to work, and if accepted by the Company, he may then displace any employee previously selected to fill such vacancy.

e) The successful applicant may, for a maximum period of three (3) months from the date he was granted the job, elect to be returned to his former job. Such employee will, however, not be permitted to bid on any further posted vacancy for a period of six (6) months unless such vacancy is in a Wage Bracket higher than his own.

f) The Company may need to temporarily assign an employee to a job on a temporary basis until arrangements have been made to promote or transfer

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the employee selected to fill a vacancy. A temporary vacancy is normally one of six (6) months or less.

8.07 Postings will not normally be made for a vacancy resulting from vacations or illness or other temporary conditions. However, when there is a temporary vacancy in a seniority group and the Company expects such work to be available for a period in excess of five (5) working days, the Company will, insofar as the requirements and efficiencies of operation will permit, make such temporary assignment available on a seniority basis to employees who would be eligible candidates for such position were it to become a "permanent" vacancy.

8.08 LAYOFFS/RECALLS

Whenever layoffs in a seniority group are necessary, they shall be accomplished as follows:

a) The Company shall first lay off part-time employees (i.e. persons regularly employed for not more than twenty-four (24) hours per week) and temporary employees and probationary employees, if any, in that seniority group. If further reduction of staff is required, the Company shall then lay off regular employees in accordance with the provisions of clause 8.05 hereof.

b) Where an employee having seniority standing in either the "inside" or the "outside" seniority group has been on layoff for more than one (1) working day, then such employee shall have the option of temporarily transferring to the other seniority group (and in so doing may displace a part-time or temporary employee in such group) provided:

i. that such employee requests a transfer to the other seniority group, and

ii. that he is capable of satisfactorily performing the work so made available to him.

Where practical and feasible, the Company will arrange the transfer between seniority groups without the one (1) day waiting period.

c) An employee transferred under these provisions will receive the rate of pay of the job to which he is assigned.

d) An employee exercising this option shall not acquire seniority in the group to which he is temporarily transferred, but shall retain his recall rights in his original seniority group.

e) Employees being recalled shall be notified by telephone, as soon as is practicable under the circumstances. It shall remain the responsibility of the employee to ensure that the Company has an up to date telephone number. In the event that an employee is unable to be reached by telephone, the Company will move to the next name on the recall list, and shall send a

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registered letter to the employee requesting them to notify the Company if they wish to remain on the seniority list. Failure to respond to the registered letter within five (5) working days of receipt shall result in the employee's name being removed from the seniority list.

f) Notwithstanding anything herein contained it is agreed that if an employee has not presented himself for assignment of the day's work prior to the time his shift is scheduled to commence he shall be considered to be unavailable for work on that shift and in such circumstances the layoff provisions set out above shall have no application.

g) It is mutually agreed that an employee who would otherwise be on layoff may request that part or all of such layoff period be regarded as annual vacation time and be paid accordingly. The Company will honour such requests, provided that the employee has sufficient unused vacation entitlement to accommodate the request.

8.09 Bonafide illness, or disability resulting from an accident, shall not normally be considered cause for discharge. However, if an employee has been continuously absent from work due to disability for a period of thirty (30) months or more the Company may then consider that such employee's services are terminated and his name shall be removed from the seniority list on the grounds that he is no longer an active employee. In making such a determination the Company shall review the latest medical evidence available with respect to the anticipated further duration of such employee's disability.

8.10 If, after recovery from an at-work accident or illness accepted by the Workplace Safety and Insurance Board, an employee is unable to perform his former duties, and if there is, at that time, a regular job in his seniority group in the same or lower wage classification which is either vacant or held by an employee having less seniority, such employee shall, if he is capable of satisfactorily performing the required duties, be transferred to such position. If there is no regular job as described above within his seniority group which he is capable of satisfactorily performing, the Company will consider a request for transfer to the other seniority group at his Plant if there is, at that time, a regular job which is vacant and if he is capable of satisfactorily performing the duties required. An employee transferring into the other seniority group under this provision shall do so with his full seniority.

ARTICLE 9- HOURS OF WORK AND OVERTIME

9.01 For payroll purposes, the work week commences at midnight Saturday-Sunday and all work performed in a shift or other similar work period (including any extension thereof) is deemed to have been performed in the same day in which that shift or other similar work period commenced.

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9.02 Time worked shall be calculated in units of fifteen (15) minutes and periods of work of less than fifteen (15) minutes shall be disregarded.

9.03 The basic work week for regular full-time employees shall consist of either four (4) ten (1 0) hour shifts or five (5) eight (8) hour shifts totaling forty (40) hours in a week. Temporary employees will be assigned work subject to article 2.05, on an as needed basis. The Company does not guarantee, however, to provide work for any employee nor to maintain the work week or working hours presently in force.

9.04 Overtime at the rate of lime and one-half (1.5) will be paid for all hours worked in excess of an employees' eight (8) or ten (10) or twelve (12) hour day or on a scheduled day off.

9.05 REPORTING PAY

Should an employee report to work at the starting time of his scheduled shift without being notified to the contrary and be assigned less than four (4) hours of work, he shall be paid at least four (4) hours pay at straight-time rates, it being understood that such employee may be assigned, under such circumstances, any available work.

9.06 CALL-OUT PAY

Should an employee be called into the plant after leaving the plant at the end of his scheduled shift and before returning to work for his next scheduled shift and should he, in such circumstances, be assigned less than four (4) hours of work outside his scheduled shift hours, he shall be paid the higher of four ( 4) hours at his regular rate or his actual hours so worked at the overtime rate.

9.07 Should an employee be injured on the job so that he cannot complete his shift after reporting for work, he shall be sent home and paid for the balance of the shift.

9.08 OVERTIME ASSIGNMENT

In the case of unscheduled overtime, other than overtime to be performed as a continuation of work in process, the Company will endeavour, insofar as the requirements and efficiency of operations will permit, to make such overtime available on a seniority basis to employees in the appropriate seniority group who are available on the premises at the time such overtime is to commence and who are capable of satisfactorily performing the work required. Overtime will not normally be assigned to temporary employees while regular employees in the appropriate seniority group are available on the premises at the time such overtime is to commence who are willing to perform such overtime and are capable of satisfactorily performing the work required.

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The Company will endeavour, insofar as the requirements and efficiency of operations will permit, to assign planned overtime work (i.e. overtime scheduled in advance), on the following basis:

(i) Such opportunity will first be made available on a seniority basis to those regular employees who normally perform the work on which such overtime is required, and

(ii) in the event that the needs cannot be entirely satisfied in that manner, the overtime opportunity will then be made available on a seniority basis to other regular employees in the same seniority group who are capable of satisfactorily performing the work required.

To facilitate the distribution of overtime work, employees may be required to indicate their desire for such assignments by signing an "employees available for overtime" list. Refusal of overtime work after having indicated availability for such assignments may result in that employee being excluded from further consideration.

Where the Company has insufficient volunteers, it will assign overtime in the reverse order of seniority amongst employees who normally perform the work.

The Company will not normally offer opportunities for overtime work if doing so may reasonably be expected to result in an employee working more than the maximum allowable under the Employment Standards Act. However in the event that an employee should work more than the maximum hours allowed under the Employment Standards Act (excluding unpaid meal breaks), he shall not be considered available for any assignment until eight (8) hours have elapsed from the completion of the overtime assignment.

9.09 REST PERIODS

Two (2) fifteen (15) minute rest periods are provided per day, each to be taken at the mid point of each half shift. Should an employee be scheduled to work at least two (2) hours in addition to his regular shift, he shall be allowed an additional fifteen (15) minute rest period at the commencement of the overtime period and after each two (2) hours of overtime worked. Rest periods should not be added to or taken in conjunction with the lunch period

9.10 A Sales Equipment Serviceman who is required by the Company to be on "stand-by" when off-duty on a regularly scheduled work day, shall receive one (1) hour of pay at his straight time hourly rate of pay.

Further, a Sales Equipment Serviceman who is required by the Company to be on "stand-by'' on a regularly scheduled day off, shall receive two (2) hours of pay at his straight time hourly rate of pay for each regularly scheduled day off for which he has such responsibility.

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However, if a Sales Equipment Serviceman is actually called out to work when he is on "stand-by'', then he shall receive call-out pay as per the provisions of Article 9.06 hereof, in lieu of any payment outlined above.

9.11 The Company may have 12-hour shifts in the driver groups (including Cooler Deliveryman) if there are sufficient employee volunteers from the classification concerned. In the case of Delivery driver, the shift will be specified in advance as per the "Work Scheduling" Letter of Agreement, as FSV, side pocket or back end work and the volunteers must come from the appropriate sub group of Delivery driver. Employees will be advised of the shift schedule before volunteers are sought. In staffing the shifts, the employees will be permitted to select a particular shift within their classification (or sub group if Delivery driver) by seniority. The parties agree that hours of work on a 12 hour shift shall average 40 hours per week over a three week period.

9.12 In accordance with the present practice, the Company for scheduling purposes will post in a visible location the scheduled days off which include two (2) consecutive days for each employee who works either a 5x8, 4x1 0 or a 3x12 shift.

Shift schedules will be posted in accordance with the 'Work Scheduling' Letter of Agreement.

9.13 OFF-SHIFT PREMIUM

If the majority of a regular full time employee's shift hours are regularly scheduled between 6:00p.m. and 6:00a.m., then the employee shall be paid an off peak premium of $1.00 per hour for each hour worked during this period. However, such premiums shall not be paid for any time worked in respect of which overtime premiums is payable. For the purpose of this Agreement, such off-peak premium shall not be considered as forming part of an employee's regular hourly rate.

ARTICLE 10- ROTATING SHIFTS

10.01 Discussions with a view to possible modification in current shift arrangements may be initiated by either party. Should such discussions fail to produce agreement between the parties, then the Company may initiate changes which it deems to be necessary to satisfy the needs of the business and the requirements and efficiencies of operations.

It is understood and agreed that the above does not in any way limit the Company's right to establish or discontinue shifts, or to modify the starting or stopping time of shifts, in order to, in its opinion, satisfy the needs of the business and the requirements and efficiencies of operations.

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The Company will endeavour, however, insofar as it reasonably can to give two weeks notice of a change in shift or starting time to employees who will be directly affected by such change.

ARTICLE 11- PAID HOLIDAYS

11.01 a) The following paid holidays will be observed by the Company:

DAY OF NEW YEAR'S EVE NEW YEAR'S DAY DAY AFTER NEW YEAR'S DAY FAMILY DAY GOOD FRIDAY VICTORIA DAY CANADA DAY CIVIC HOLIDAY LABOUR DAY THANKSGIVING DAY DAY BEFORE CHRISTMAS CHRISTMAS DAY BOXING DAY

b) If, during the life of this Agreement, a holiday should be declared by government which is not listed above and which is to be generally observed in the Province of Ontario, such holiday shall be observed and paid by the Company under the same terms and conditions as apply to the holidays which are listed above.

11.02 a) The Company shall decide the day to be designated as any one of the holidays listed above. However, should any of the holidays fall on a Saturday or a Sunday, the regular work day which is closest thereto will normally be designated as the holiday.

(b) If an employee should be scheduled to have one of his regular days ott on a day designated as a day to be observed as a holiday, that employee may be allowed another day off with pay in lieu of the holiday with pay and such lieu day will be considered as his "holiday".

11.03 Each employee who has completed three (3) months of continuous employment with the Company will receive holiday pay at his regularly scheduled daily rate for each of the above holidays, provided that he was at work on his last scheduled work day before the holiday and his first scheduled work day after the holiday unless he is eligible for full or partial payment for the day on which the holiday is observed from any plan or fund to which the Company contributes (e.g. the Company's Extended Group Insurance Plan, Workplace Safety and Insurance Board, Employment Insurance, etc.).

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11.04 If an employee is required to work on any of the holidays listed in clause 11.01 hereof, he shall be paid at one and one-half (1-1/2) times his regular rate of pay for all hours worked and in addition, shall receive the holiday pay described above.

ARTICLE 12- VACATIONS

12.01 a) The vacation year shall be the Calendar year. The Company shall grant vacation of one (1) week at 4% in accordance with Article 12.03 to all employees who have been employed for less than one (1) year, but more than six (6) months prior to January 1'1 such vacation shall be scheduled to be taken after January 1 ''-

b) Vacation entitlements will be taken in the year following that in which they were accrued.

12.02 The length of vacation to which each employee will be entitled will be governed by the total length of his continuous service with the Company, and will be determined from the schedule below.

Length of Service 1 but less than 5 yrs. 5 but less than 1 0 yrs. 1 0 but less than 20 yrs. 20 but less than 30 yrs. After 30 years service

Length of Vacation 2 weeks 3 weeks 4 weeks 5 weeks 6 weeks

%of Earnings Pay 4% 6% 8% 10% 12%

12.03 The earnings on which the calculation will be based shall be total earnings from the Company as shown on the Employees T4 earnings from the previous year including any premium pay (overtime, night shift, etc.) and pay for time not worked (vacation, observed holidays, sick pay, etc.).

12.04 If a regular employee's vacation pay calculated on the basis of his regular hourly rate, multiplied by forty (40) hours for each week of vacation to be taken would be greater than the amount to which he would be entitled under the schedule above, then he will be paid the greater amount; provided, however, that if the employee has worked in more than one Wage Bracket during the preceding year, the calculation shall be made using the then current rate for the lowest such Wage Bracket; and provided further that if, during the year of service in respect of which the vacation is granted, the employee has been absent from work (in the aggregate) for more than twenty-five (25) working days due to layoff, or for more than ninety (90) working days for any other reason (other than an absence on Workplace Safety and Insurance Board), then vacation pay shall be calculated only on the percentage basis set out above. If, during any year of service, an employee has been absent for more than ninety (90) working days, (other than absence on Workplace Safety and Insurance Board) he may, if he so wishes (but only to the extent permitted by law) waive one (1) or more weeks of

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his vacation entitlement for that year without reduction in the percentage basis (only) vacation pay for which he qualifies.

12.05 For the purposes of this Article, a week shall mean a period of seven (7) consecutive days, including Saturdays, Sundays and holidays falling within the period of vacation.

Employees shall have the option to take vacation entitlement of individual days, however, such days will only be requested after full week vacation requests have been completed in accordance with Article 12.07 (c) and (d).

After posting the finalized vacation schedule, requests for weeks or individual days will be permitted until March 31"; preference will be given to full week's vacation over individual days.

After such date all requests for vacation weeks or individual days will be considered on a first come, first serve basis.

12.06 Should one (1) or more holidays named in 11.01 hereof fall within the period of the employee's vacation, he may, not later than fifteen (15) days before such vacation is to commence, request an additional day off, with pay, in lieu of each such holiday. Such lieu days will be granted during the months of January, February, March, April, October or November only, but, subject thereto, the Company will endeavour to arrange for the day(s) off at a time suitable to the employee. If an employee does not so elect time off in lieu of the holiday, then he/she will be compensated for hours that would have been regularly paid for that day.

12.07 a) Employees who are entitled to either two (2) or three (3) weeks of vacation may take up to two (2) weeks vacation during the period between the third (3rd) Monday in May and the third (3rd) Friday in September.

b) Employees who are entitled to four (4) or more weeks of vacation may take up to three (3) weeks vacation during the period between the third (3rd) Monday in May and the third (3rd) Friday in September.

c) The tentative list of summer vacations will be posted not later than February 15th of each year.

d) The vacation schedule will be finalized and a list of vacation posted on the Union bulletin board not later than March 15th of each year. The schedule will not thereafter be changed without the mutual consent of the Company and the employees who would be affected.

e) For the purpose of determining the choice of vacation periods (but for that purpose only), seniority shall be applied by the following department groupings:

Inside Employees

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Shippers & Receivers General Help

Outside Employees Delivery Driver Delivery Driver- Full Service Sales Equipment Service Highway Tractor Trailer Drivers

f) If, following confirmation of the vacation schedule an employee receives under the provisions of the job posting procedure a change of job which places him in a different departmental grouping, his vacation period(s) may then be rescheduled and will be subject to the prior preferences of employees already in the vacation grouping to which he is transferred, and any vacation granted to an employee during a time when he is on temporary transfer to another job shall be taken in accordance with the vacation schedule for the department; provided, however, that if such temporary transfer is a mandatory re-assignment by the Company to meet the needs of the business, every reasonable effort will be made to accommodate the affected employee's original vacation preferences.

12.08 FLOATER DAY

Effective January 1, 2004 and annually thereafter all regular full time employees will be given one paid floater day to be taken in the months of January, February or March subject to the approval of his/her manager. No carry over of this floater day will be permitted.

ARTICLE 13- LONG SERVICE LEAVE

13.01 In recognition of and in appreciation for long association with the Company, each

employee who completes his 25th, 30th, 35th, 40th or 45th year of continuous employment with the Company shall on completion of each such fifth (5th) year of employment qualify for long service leave. The timing of such leave shall be at the discretion of management. Each such long service leave will be of two (2) weeks duration and the employee will be paid for each week an amount equal to his regularly hourly rate multiplied by forty (40).

The foregoing provision shall apply to all regular full-time employees of the Company who were employed by the Company as at September 1, 2002. For these employees to receive an entitlement pursuant to this provision after September 1, 2002, they must, by September 1, 2002, have already received a benefit under this provision at any of these long service plateaus.

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ARTICLE 14- WORK CLOTHING

·14.01 The Company will supply to each inside and outside group employee (other than a temporary employee) a uniform, without cost, as reasonably required by him during each year. To facilitate this, regular full-time employees shall be allotted points which they can use to select items of work clothing on an annual basis.

14.02 The Employee may use his points to select items from the table in Article 14.04, subject to and inclusive of the yearly requirements. Excess points may be used by the employee at his discretion.

14.03 The annual point allotments shall be as follows: • "inside" employees- 335 points per year • "outside" employees- 385 points per year

14.04 The point values for work clothing shall be as follows:

Article Point Value Trousers 25 Shorts 25 'Note: 2 required per year Long Dress Shirt 20 Short Dress Shirt 20 T-Shirts 10 Golf Shirt 20 *Note: 4 required per year Vest 55 Windbreaker 65 Rain Coat 65 Sweat Shirt 30 Hat 5 3-in-1 Jacket 100 Parka 85 Safety Footwear 135 'Note: 1 required per year

14.05 Every employee to whom Work Clothing is provided is required to wear during his working hours the Work Clothing provided.

14.06 To meet the required safety standards, all safety footwear must have steel toe caps and puncture resistant soles (green patch).

14.07 Probationary employees shall receive their point allotment on successful completion of their probationary period and appointment as a regular employee.

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ARTICLE 15- LEAVES OF ABSENCE

15.01 Female employees shall be entitled to receive a pregnancy leave in accordance with the provisions of the Employment Standards Act, Ontario, and regulations as they may be amended from time to time.

15.02 On the written request of the employee, the Company will grant an unpaid leave of absence (to be known as "Paternity Leave") to an employee whose spouse has given birth to a baby. Such leaves shall be granted in accordance with the provisions of the Employment Insurance Act, Ontario and regulations as they may be amended from time to time.

15.03 In the event of the death of an employee's wife, husband, child, father, mother, brother, sister, mother-in-law and father-in-law, such employee shall be granted up to three (3) consecutive days' leave of absence without loss of pay and in the event of the death of an employee's grandmother, grandfather, brother-in-law, sister-in-law, daughter-in-law and son-in-law, such employee shall be granted up to one (1) day's leave of absence without loss of pay to make arrangements for and to attend the funeral. It is understood that an employee shall not receive payment for absence on a day or days on which he would not otherwise have worked. A common-law spouse, if previously declared in writing to the Company, shall qualify as a wife or husband.

It is also agreed that the bereavement leave as referred to herein may be increased by up to two (2) days travel time, provided that such additional time off is necessary in the particular circumstances and that approval is obtained in advance of departure.

15.04 An employee selected as a juror or required to attend in court as a subpoenaed crown witness shall be paid the difference between his juro(s or witness fees at his regular straight-time hourly rate upon presentation to the Company of a statement from the Clerk of the Court or crown counsel, as the case may be, attesting to the fact of his attendance and recapitulating the amount or amounts paid to him as a juror or crown witness fees.

ARTICLE 16- SICK PAY/PERSONAL DAY CREDITS

16.01 a) Every regular employee who has completed one (1) or more years of continuous employment with the Company shall be entitled, in each year of the life of this agreement, to payment at of least six (6) days of eight (8) hours of pay each to a maximum of forty-eight (48) hours' absence. In the event that an employee commences work but becomes ill during the course of the day and does not complete his scheduled shift, such hours not worked but paid will, for the purposes of this clause 16.01 (a), be counted against this credit. Such payments shall be in an amount equal to seventy-five (75%) per cent of the employee's regular rate of pay as of the first day of the contract

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year and any unused credits shall be paid to the employee within thirty (30) days of the end of the contract year.

b) The sick pay or personal day credit of a regular employee who has not completed a full year of continuous employment with the Company shall be computed on the basis of one-half (1/2) day credit or four (4) hour's credit for each completed month of continuous employment.

c) No payment shall be made under this clause 16.01 for any day or hour of absence in respect of which the employee is eligible for full or partial payment under any other clause of this Agreement or from any plan or fund to which the Company contributes (e.g. Group Insurance Plan, Workplace Safety and Insurance Board, Employment Insurance, Government Pension Plan, etc.).

16.02 An employee who, at the conclusion of the calendar year, has an unused sick pay or personal day credit of at least 40 hours may receive in lieu of the cash payment referred to in paragraph 16.01 (a) above, a 40 hour leave of absence at his regular rate of pay. Such leave of absence is to be taken during the months of January, February or March at a time to be mutually agreed upon by the employee concerned and the Company. Should such an employee have an unused sick pay credit of 48 hours, then in addition to the 40 hour leave of absence with pay for which he qualified under the above provision, he will be paid for the remaining eight (8) hours at 75 % of the regular rate of pay that was in effect for him on the first day of the calendar year. Such leave of absence is to be arranged at least two (2) weeks in advance of the date on which it is to commence.

ARTICLE 17- WAGE SCHEDULES

17.01 (a):

"Inside" Jan.1,2011 Jan. 1,2012 Jan.1,2013 Jan. 1,2014 Jan.1,2015 Employees

General Help $20.55 $20.55 $20.96 $21.48 $22.07 Shipper/Receiver $23.18 $23.18 $23.53 $24.00 $24.60

"Outside" Em!'ICI}'ees

General Help, $20.55 $20.55 $20.86 $21.28 $21.81 Cooler Delivervman

Deliv"'''.man $21.52 $21.52 $21.84 $22.28 $22.84

Driver $24.72 $24.72 $25.09 $25.59 $26.23

Sales Equipment $24.78 $24.78 $25.15 $25.65 $26.29

Serviceman Sales Equipment $22.98 $22.98 $23.32 $23.79 $24.38 Service Trainee

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''Temporary'' Employees

Temporary (Inside $12.00 $12.00 $12.00 $12.00 $12.00

Employee) Temporary (Outside $17.00 $17.00 $17.00 $17.00 $17.00

Employee)

THE FOREGOING RATES OF PAY INCLUDE MARKET ADJUSTMENTS, WHERE REQUIRED.

17.01(b)

Lump Sum Year 2: $400.00 per full-time active employee as of the date of ratification and employees who are currently on WCBIWIB and return to active status by July 31, 2011.

Additional wage increase for Warehouse General help:

$0.10 effective January 1, 2013 $0.10 effective January 1, 2014 $0.05 effective January 1, 2015

17.02 Probationary rate- Job rate less fifteen percent (15%).

17.03 Safety Boot Allowance

$110.00 per year for the year 2000 $125.00 per year for the year 2001 and subsequent years.

17.04 Tool Reimbursement

The Company will provide to every new Equipment Service Technician and Equipment Service Trainee a standard set of necessary job related tools. Thereafter upon presentation of an original receipt for expenses up to an annual maximum of $240.00 dollars from which they may replace worn, broken or lost work related tools. Any expenses in excess of the annual $240.00 reimbursement shall be the sole responsibility of the Equipment Service Technician. Any purchases of equipment other than hand tools must be approved by a supervisor and they will not be considered part of the allotted reimbursement.

ARTICLE 18- TECHNOLOGICAL CHANGE

18.01 a) If, during the life of this Agreement, the Company wishes to make a

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technological change in its operations which would have the effect of abolishing existing job classifications or creating new job classifications or which would result in the layoff of any regular employee, the Company agrees that, before introducing such technological change, it will meet with the Union to discuss the matter and to attempt to resolve the problems created by such change, as well as to attempt to lessen the impact of such change on the employees affected.

b) If a regular full-time employee should be displaced from his job by reason of a change in company operations, such employee shall have the option to displace a junior employee on either the "inside or outside" seniority group in accordance with his years of service within the bargaining unit.

c) If, as a result of a change in the Company's operations, an employee is assigned to a job having a lower rate of pay than the rate of pay he formerly received, he shall continue to be paid at his former rate of pay until the job rate for his new classification equals his former rate.

d) If a regular employee should be displaced from his job by reason of a change in the Company's operations, and provided the employee has the necessary qualifications to perform the work available after a reasonable training period, the Company shall arrange, where feasible, for him to receive such training.

18.02 Should any major operation currently being performed by the bargaining unit be transferred from a location covered by this agreement to another Company location or a related Company location within a 80 km radius of Barrie, then the employees who have been performing this work shall, to the extent required, be transferred to the new location, with full seniority, if they so desire. This provision will not be unreasonably applied, (the Parties agree that the CCBC Brampton Plant is included within this radius).

18.03 The Company agrees that in a case where a regular employee permanently loses his/her employment, except for just cause, the following will apply:

1. The Company will meet with the Union to review ways to minimize the impact on the affected employee(s);

2. The employee(s) would have the options provided in the Collective Agreement regarding lay-off; or

3. Accept a severance package in exchange of his/her rights under the Collective Agreement.

Such severance pay will be calculated as follows:

Two (2) weeks of severance pay based upon the rate of pay for the position the employee last occupied for each full year of employment to a maximum of seventy-two (72) weeks or until the employee retires, whichever comes first. The severance pay does not include any outstanding vacation pay, vacation

Barrie- 27

adjustment or any other monies owed by the Company. The severance pay provisions above are inclusive of any notice and/or severance pay required by law.

ARTICLE 19 - SAFETY

19.01 The Company will make all reasonable provisions for the health and safety of the employees during working hours and will furnish adequate facilities and equipment for that purpose. The Company and the Union mutually agree that employees should be encouraged to co-operate in the maintenance of healthy and safe working conditions, in the proper use of protective clothing and equipment, and in the observance of all safety rules.

19.02 To further the above-mentioned objectives, it is mutually agreed that a Joint Health and Safety Committee shall be maintained. The members of such Committee shall receive training appropriate for their responsibilities.

ARTICLE 20 - WORK OF BARGAINING UNIT

20.01 Supervisors will not normally perform work customarily performed by employees in the bargaining unit, except:

a) as a result of urgent or emergency conditions, b) for the purposes of demonstration or training, c) to occasionally relieve an employee for a short period, or d) when a regular employee is not available due to being late for work or absent

from work and a suitable replacement is not available

20.02 Sales and Account Managers shall continue to perform their sales and merchandising activities; provided, however, that such activities shall not be extended by the Company so as to cause the layoff of any regular employee.

20.03 The Company agrees that if the contracting out of any work normally performed by employees in the bargaining unit would result in the layoff of any regular employee, the Company will meet with the Union to discuss ways and means of reducing the impact of such change on the employee(s) to be affected.

ARTICLE 21- HEALTH INSURANCE PLANS

21.01 a) It is agreed that, subject to any future legislation affecting such matters, the Company's Extended Group Insurance Plan (which provides Life, Major Medical, Weekly Income and Dental Care Benefits) will be continued in force during the life of this Agreement.

Life Insurance

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$40,000. Effective January 1, 2007- $40,000

Weekly Income Benefits Effective from date of execution of this Agreement, the Weekly Income Benefits will be sixty-six and two-thirds percent (66-2/3%) of regular straight-time earnings to a maximum of six hundred dollars ($600.00) per week.

Dental Care Plan The calendar year maximum Routine/Major Treatment benefit per individual is $1,500. and the lifetime maximum Orthodontic Treatment benefit is $3,000. per child.

Supplemental Medical Plan The Vision Care benefit provides maximum reimbursement of $150. per insured family member in each twenty-four (24) month period.

The Prescribed Drug benefit provides for reimbursement of one hundred percent (100%) of eligible expenses.

b) Details of the Long Term Disability Plan are set out in a Letter of Agreement attached hereto.

c) The Company will continue to pay the full premium for Life, Supplemental Medical Coverage, Weekly Income Benefit premium and Dental Care premium.

21.02 It is further agreed that, in consideration of improvements contained in this and prior Agreements, and subject to the provisions of the Employment Insurance Act, the Company shall retain in full any "Premium Reduction" which is or may become available from the Employment Insurance Commission upon their continued acceptance of the Company's plan of Weekly Income Benefits as a "qualified registered plan".

ARTICLE 22- DURATION OF AGREEMENT

22.01 This Agreement shall remain in full force and effect from January 1, 2011 until December 31, 2015 and until all provisions of the Ontario Labour Relations Act have been expended.

22.02 Either Party may give the other Party notice of renewal and/or amendments of this Agreement at any time within ninety (90) days prior to the expiry of this Agreement.

22.03 The Parties agree to sign the Collective Agreement within thirty (30) days of ratification by the Union.

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IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be executed by their respective duly authorized representatives at the City of Barrie, in the Province of Ontario, this il~J day of Marc I.. . , 2011

FOR THE UNION FOR THE COMPANY

ngham

/..-- '

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LETTER OF AGREEMENT #1

BETWEEN:

UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175

-and-

COCA-COLA REFRESHMENTS CANADA COMPANY

Re: Long Term Disability Plan

1. The present Weekly Income Benefit coverage contains a maximum benefit period of twenty-six (26) weeks. The Company will pay one hundred percent (1 00%) of the W.I.B. premiums.

2. a) The benefit will be based on 66-2/3% of regular straight-time earnings in effect at the time disability commences, up to a maximum monthly benefit of $2400.00

b) Benefits will be payable monthly, after a qualifying W.I.B. period of twenty-six (26) weeks of continuous absence due to "disability", and will continue as long as "total disability" lasts, up to age 65.

c) "Disability" will mean an incapacity which prevents the employee from performing his/her regular duties during the qualifying W.I.B. period of twenty­six (26) weeks and the following L.T.D. benefit period of one hundred and four (1 04) weeks. If still disabled after a combined benefit period of one hundred and thirty (130) weeks, disability is then considered total if it prevents the employee from performing any work for which he/she is reasonably qualified by education, training or experience.

d) Benefits payable under the L.T.D. plan will be reduced by the amount of disability income benefit, if any, payable by the Canada/Quebec Pension Plan (primary benefit only) or by Workers' Safety and Insurance Board. The policy shall include such limitations and restrictions as are usually found in L.T.D. policies.

e) Participation in the L.T.D. plan will be mandatory for all eligible employees on completion of the probationary period. Coverage is effective on the date the employee becomes eligible, provided he/she is at work on such date. If the employee is absent from work on the date of eligibility, L.T.D. coverage will not become effective until he/she returns to active employment.

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f) Pre-existing conditions are not covered unless the employee, after becoming insured, has been actively working for 3 consecutive months with no absence related to the pre-existing condition.

g) The Company shall pay one hundred percent (100%) of the L.T.D. premium.

3. During the one hundred and thirty (130) week benefit period referred to in point 2(c) above, the Company will continue in force the Life, Supplemental Medical and Dental Care Benefits referred to in Article 21.01 of the Collective Agreement.

Signed by the Parties in accordance with Letter of Agreement #18 attached.

FOR THE UNION FOR THE COMPANY

Harold Sutton Todd Cunningham

Marc Brunelle Darryl Serafini

Scott Woodland Kevin Hendren

Chris Warnaar

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LETTER OF UNDERSTANDING #2

BETWEEN:

UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175

·and·

COCA-COLA REFRESHMENTS CANADA COMPANY

Re: Work Scheduling Changes and Weekend Premiums

1. While the parties agree that it is desirable to maintain as constant a work schedule for regular full-time employees as possible, they also recognize that the nature of the business is such that this is not always possible. To that end, the Company will set work schedules (this does not include start times) at least two weeks in advance. Changes may only be made with less than two weeks' notice if they are mutually agreed between the parties. In the event that business changes such that volume shifts to different days of the week, the Company will allow employees the opportunity to displace a junior employee who is on a different work schedule by reposting the shifts. It is understood that by setting work schedules two weeks in advance, that this is not a guarantee or any kind of assurance that there will not be daily layoffs due to changing sales volumes.

2. In the event that a regular employee has been laid off for at least one day during his scheduled work week, he shall have the option of displacing a more junior or casual employee who is scheduled to work on one of his scheduled off days and such work will be performed at regular rates, without any Saturday or Sunday premium being paid. In the event that such a layoff occurs and the employee is unable to work on a scheduled day off in that week, he shall have the option of working on a scheduled day off, in the week immediately following the week of layoff; and, shall advise the Company in writing on the Thursday of that week of layoff of his desire to make up the lost shift at regular straight times of pay, in the next week. For the purposes of the Employment Standards Act, hours worked shall be considered as averaged over the two week period and such excess hours shall be with the consent of the employee, Union, and the Company.

3. Every regular full-time employee, who is on the seniority list on July 24, 1997 and who is scheduled to work on a Saturday or Sunday as part of their regular work week, will be paid a premium of $1.25 per hour for hours scheduled and worked on a Saturday and $1.50 per hour for hours scheduled and worked on a Sunday. These premiums will not be paid if an employee is eligible for pay at overtime rates nor will they form part of an employee's hourly rate.

4. The Company will provide a minimum of three (3) month's notice of any change to the pay period.

Barrie- 33

Signed by the Parties in accordance with Letter of Agreement #18 attached.

Barrie- 34

FOR THE UNION

Harold Sutton

Marc Brunelle

Scott Woodland

Chris Wamaar

FOR THE COMPANY

Todd Cunningham

Darryl Serafini

Kevin Hendren

LETTER OF AGREEMENT #3

BETWEEN:

UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175

-and-

COCA-COLA REFRESHMENTS CANADA COMPANY

Re: C.C.W.I.P.P. Pension Plan

The purpose of this letter is to confirm the Company's acceptance in 1997 of the Union's proposal that all members of the bargaining unit covered by this Agreement shall, in future, participate in the Canadian Commercial Workers Industry Pension Plan (the "C.C.W.I.P.P."), rather than in the Employees' Retirement Plan of Coca-Cola Beverages Ltd. ("E.R.P.") and to further confirm the applicable terms including those terms relating to the Collective Agreement for the period commencing January 1, 2011 (the "Current Collective Agreement"). More particularly, the following specific arrangements have been agreed to:

1. Members of the subject bargaining unit shall not be eligible to participate in the E.R.P. with respect to service after December 31, 1997.

2. It is recognized that the provisions of the Pension Benefits Act, 1987 (Ontario) restrict the ability of E.R.P. members to withdraw prior contributions to the E.R.P. so long as they continue to be employed by the Company.

3. Members of the E.R.P. shall, subject to the Plan provisions, retain their right to benefits accrued for service up to December 31, 1997. Such accrued benefit shall not be subject to increase by reason of future service or increases in earnings after December 31, 1997. However, service rendered with the Company after December 31, 1997 will be counted towards eligibility for vesting and early retirement under E.R.P., based on benefits accrued at December 31, 1997.

4. On retirement, death or termination of service after December 31, 1997, benefits payable to former E.R.P. members will be determined in accordance with applicable provisions of that Plan.

5. The Company shall make the following per hour future service contributions for hours paid by the Company to seniority holding members of the bargaining unit ("eligible members") (hours paid shall include hours worked, vacation, observed holidays, sick days, jury duty, bereavement leave, paid time off for negotiations, etc, to a maximum of forty (40) hours per week) to C.C.W.I.P.P.

Barrie- 35

i) Effective January 1, 2011 $1.00 (the "Regular C.C.W.I.P.P. Contributions"),

Effective on the dates indicated, an additional amount of (the "Additional C.C.W.I.P.P. Contributions") will be:

January 1, 2013 January 1, 2014 January 1, 2015

$0.05 (five cents) (for a total of $1.05) $0.05 (five cents) (for a total of $1.1 0) $0.05 (five cents) (for a total of $1.15)

ii) Effective September 1, 2010, the C.C.W.I.P.P Stabilization Fund will end, and all provisions in the Collective Agreement relating to Stabilization Fund will be removed.

iii) In addition to the payments outlined in (i) above, as a result of the termination of Company contributions to the C. C.W.I.P.P. Pension Stabilization Fund effective September 1, 2010, the Company agrees effective September 1, 2010 to contribute an additional forty cents ($0.40) to the C.C.W.I.P.P. main fund for all hours paid by the Company to senriority holding members of the Bargaining Unit (hours paid shall include hours worked, vacation, observed holidays, sick days, jury duty, bereavement leave, paid time off for negotiations, etc.) up to a maximum of forty (40) hours per week. The total of forty cents ($0.40) represents: the twenty cents ($0.20) which was previously paid into the C.C.W.I.P.P. Stabilization Fund plus an additional twenty cents ($0.20) retroactive to September 1, 2010 (thus resulting in a cumulative total payment of: $1.40 for the period of September 1 to December 31, 201 0; $1.45 effective January 1, 2013; $1.50 effective January 1, 2014, and $1.55 effective January 1, 2015).

6. It is understood and agreed that casual and probationary employees are not eligible for membership in the C.C.W.I.P.P. until such time as they satisfy the hours of work requirements of the Ontario Pension Benefits Act. Upon becoming members of C.C.W.I.P.P. the contributions set out in this Letter of Agreement shall thereafter apply.

7. Contributions, along with a list of eligible members for whom they have been made, the amount of the weekly contributions for each eligible member, and the number of hours worked or paid according to this Letter of Agreement, shall be remitted to the trustees of the C.C.W.I.P.P. (the "Trustees") by the Company within the fifteen (15) days after the close of the Company's four (4) or five (5) week accounting period. The Company agrees to pay interest at the reasonable rate established by the Trustees on all contributions not remitted as stipulated above, not in excess of the rate established for all other employers participating in the C.C.W.I.P.P.

Barrie- 36

8. The Trustees shall allocate contributions in accordance with this Letter Agreement. Provided that in the event that the Union or the Trustees receive notice from Revenue Canada, Taxation or its provincial counterpart or any successor thereto, that any Company contributions or any part thereof are not deductible by the Company for the purposes of the Income Tax Act (Canada) or its provincial equivalents or threatening to challenge such deductibility, it is agreed that such notice will be immediately delivered to the Company. In the event of receipt of such a notice by the Company either delivered by the Union or the Trustees or direct receipt itself, the Company shall be entitled to direct the Trustees as to the allocation of the contributions made by it.

The Union hereby agrees to indemnify and save the Company harmless from any additional taxes or penalties (including any interest charges) which the Company may suffer or incur as a result of the allocation of contributions by the Trustees at the direction of the Union such that the tax deduction claimed by the Company in the ordinary course of its business for the contributions to the C.C.W.I.P.P. as a registered plan is denied by the applicable taxing authorities. Such indemnity will not be applicable if the denial of the deduction results from the Company seeking a ruling from Revenue Canada, Taxation as to the allocations.

It is agreed that the responsibilities of the Company under this Letter of Agreement are discharged by making all payments described in this Letter of Agreement within the period stipulated above. It is further acknowledged and agreed that the Company is not responsible for the administration of the C.C.W.I.P.P. or the payment of any benefits under the C.C.W.I.P.P.

9. Subject to this Letter of Agreement, the Regular C.C.W.I.P.P. Contributions and the Additional C.C.W.I.P.P. Contributions shall be for the purposes of providing such pension benefits for eligible members as shall be determined from time to time by the Trustees of the C.C.W.I.P.P. pursuant to the terms of the C.C.W.I.P.P.

10.Given the mutual agreement of the parties, the Company agrees to sign a "Participation Agreement" in the form annexed as Schedule A and to supply any other documents, forms, reports or information reasonably required by the Trustees to recognize its participation in the C.C.W.I.P.P. in accordance with the terms hereof and to permit the calculation of payment of benefits to persons who are subject to this Agreement.

11. The arrangements set out herein shall remain in effect during the life of the Current Collective Agreement or until a subsequent Collective Bargaining Agreement is made and for greater certainty, so long as the Union is the certified Bargaining Agent in accordance with the Current Collective Agreement.

12. This agreement supersedes any prior agreement of the parties pertaining to the matters herein.

Barrie- 37

Signed by the Parties in accordance with Letter of Agreement #18 attached.

Barrie- 38

FOR THE UNION

Harold Sutton

Marc Brunelle

Scott Woodland

Chris Warnaar

FOR THE COMPANY

Todd Cunningham

Darryl Serafini

Kevin Hendren

LETTER OF UNDERSTANDING #4

BETWEEN:

UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175

-and-

COCA-COLA REFRESHMENTS CANADA COMPANY

Re: UFCW Education Fund

1. Effective January 1, 1998, the Company will contribute four (4) cents per hour worked to a maximum of 40 hours per employee per week to the U.F.C.W. Local 175 Education Fund.

Signed by the Parties in accordance with Letter of Agreement #18 attached.

FOR THE UNION FOR THE COMPANY

Harold Sutton Todd Cunningham

Marc Brunelle Darryl Serafini

Scott Woodland Kevin Hendren

Chris Warnaar

Barrie- 39

LETTER OF UNDERSTANDING #5

BETWEEN:

UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175

-and-

COCA-COLA REFRESHMENTS CANADA COMPANY

Re: Temporary Employees

1. The Company will meet with the Union on or around each anniversary date of the signing of the Collective Agreement to review the previous year's use of temporary employees. The Union will be provided with a listing of all temporary employees at this time and their hours and days worked.

2. Where, as a result of this meeting it is detenmined by mutual agreement of the Parties that additional full-time employees are required, based on the extensive usage of temporary employees or due to the grow1h of the business, then the appropriate steps will be taken to hire such employees, subject to the provisions of paragraph three (3) below. Such agreement shall not be unreasonably withheld.

3. As has been the practice of the Company, it will give due consideration to all temporary employees prior to hiring from outside sources when hiring regular full­time employees.

Signed by the Parties in accordance with Letter of Agreement #18 attached.

Barrie- 40

FOR THE UNION

Harold Sutton

Marc Brunelle

Scott Woodland

Chris Warnaar

FOR THE COMPANY

Todd Cunningham

Darryl Serafini

Kevin Hendren

LETTER OF UNDERSTANDING #6

BETWEEN:

UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175

-and-COCA-COLA REFRESHMENTS CANADA COMPANY

Re: Twelve Hour Shift Arrangements

This will confirm the understandings of the Parties during the 2003 negotiations regarding the introduction of the new 12 hour voluntary shift arrangements, which may be used where stem times are excessive and can be carried out more efficiently.

Signed by the Parties in accordance with Letter of Agreement #18 attached.

FOR THE UNION FOR THE COMPANY

Harold Sutton Todd Cunningham

Marc Brunelle Darryl Serafini

Scott Woodland Kevin Hendren

Chris Warnaar

Barrie- 41

LETTER OF UNDERSTANDING #7

BETWEEN:

UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175

·and-

COCA-COLA REFRESHMENTS CANADA COMPANY

Re: Service Department

It is understood and agreed that employees in the sales equipment service department will carry enough inventory and cash to do initial set-ups for vending and fountain, when such equipment is delivered and installed by them. Employees in the sales equipment service department will carry one (1) C02 cylinder for emergency use and one (1) C02 cylinder for each fountain set-up. When employees in the sales equipment service department perform a close-out on equipment they shall also remove any product or cash still in that equipment.

When a Cooler Deliveryman is required to fill or empty vending equipment or fountain equipment and handle cash and/or product associated with that equipment, he shall receive the rate of pay of the Driver (DSIC) classification.

Signed by the Parties in accordance with Letter of Agreement #18 attached.

FOR THE UNION FOR THE COMPANY

Harold Sutton Todd Cunningham

Marc Brunelle Darryl Serafini

Scott Woodland Kevin Hendren

Chris Warnaar

Barrie- 42

LETTER OF UNDERSTANDING #8

BETWEEN:

UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175

-and-

COCA-COLA REFRESHMENTS CANADA COMPANY

Re: Equipment Service Trainees

Notwithstanding any of the provisions of the above-mentioned Collective Agreement which may be to the contrary, it is mutually understood and agreed that the following arrangements and conditions shall apply to the position of Sales Equipment Trainee.

1. Candidates for a posted job vacancy as a Sales Equipment Service Trainee shall:

(a) Successfully complete an appropriate aptitude test prior to appointment; and,

(b) Be prepared to undertake and successfully complete a prescribed course of Company sponsored training; and

(c) Hold a valid, appropriate driver's licence.

2. The successful candidate for a posted vacancy in the position of Sales Equipment Service Trainee will be appointed to that position on the condition that he undertake such training as the Company may require.

3. Once appointed to the position of Sales Equipment Service Trainee. an employee may only be displaced pursuant to the seniority provisions of this collective agreement, if the person exercising his seniority is immediately qualified to perform the work of a Sales Equipment Serviceman.

4. Failure to maintain a satisfactory degree of progress or failure to successfully complete the Training Program shall lead to the demotion of a Sales Equipment Service Trainee. In such event, the employee shall revert to his former position and, in so doing, may displace the employee who succeeded him in that position.

5. The training program referred to herein currently consists of various training sessions organized by the employer and/or equipment suppliers and on-the-job training with a minimum of 2,000 hours of practical experience as a sales equipment service trainee. On successful completion of the training program, a Sales Equipment Service Trainee shall thereupon be reclassified and paid as a Sales Equipment Serviceperson. Once reclassified, an employee must remain in

Barrie- 43

the position of Sales Equipment Serviceperson for a minimum period of twenty-four months from the date of reclassification.

6. In the event that the Company has no employee who can:

(a) meet the requirements for a vacancy as a Sales Equipment Service Trainee; or

(b)meet the requirements for a vacancy as a Sales Equipment Serviceman;

the Company may hire a new employee who does possess the necessary qualifications to satisfactorily fulfill the requirements of the vacant position. A Sales Equipment Service Trainee who is required by the Company to be on "stand-by" when off duty shall, for each day he has such responsibility, be guaranteed to receive pay as per article 9.10 of the Collective Agreement.

7. The rate of pay for an Equipment Service Trainee shall be $1.80 less the rate of a Sales Equipment Serviceman as outlined in Article 17 of the Collective Agreement. Upon successful completion of each of the four segments of the Training Program, the hourly rate shall increase by $0.45 per hour, subject to the terms outlined in the Training Program.

Signed by the Parties in accordance with Letter of Agreement #18 attached.

FOR THE UNION FOR THE COMPANY

Harold Sutton Todd Cunningham

Marc Brunelle Darryl Serafini

Scott Woodland Kevin Hendren

Chris Warnaar

Barrie- 44

LETTER OF UNDERSTANDING #9

BETWEEN:

UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175

-and-

COCA-COLA REFRESHMENTS CANADA COMPANY

Re: Arbitration Time Limits

Neither party shall raise or proceed with a timeliness issue argument regarding "filing for arbitration" without first giving the other party written prior notice of its intent to do so.

Should either party serve such notice on the other party the parties further agree that the final time frame in the Collective Agreement respecting "filing for arbitration" shall then be triggered.

The parties further agree that any Board of Arbitration or single arbitrator shall have full jurisdiction to adjudicate the matter respecting timeliness in light of this agreement and shall not be restricted by the Ontario Labour Relations Act in so doing."

Signed by the Parties in accordance with Letter of Agreement #18 attached.

FOR THE UNION FOR THE COMPANY

Harold Sutton Todd Cunningham

Marc Brunelle Darryl Serafini

Scott Woodland Kevin Hendren

Chris Warnaar

Barrie- 45

LETTER OF UNDERSTANDING #10

BETWEEN:

UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175

-and-

COCA-COLA REFRESHMENTS CANADA COMPANY

Re: Substance Abuse

Substance abuse is recognized to be a serious medical and social problem that can affect employees.

Accordingly following the execution of the 2006 renewal Collective Agreement, a representative of the Company and a representative of the Union will be appointed by the respective parties to establish and administer a Substance Abuse Program. Such program will basically consist of methods to communicate to employees the availability of confidential referral service, including the Company sponsored Employee Assistance Program, as well as to appropriate counseling services or treatment and rehabilitation facilities.

The operation of this program will be subject to review after the first year of operation, or earlier at the request of either party.

Signed by the Parties in accordance with Letter of Agreement #18 attached.

Barrie- 46

FOR THE UNION

Harold Sutton

Marc Brunelle

Scott Woodland

Chris Warnaar

FOR THE COMPANY

Todd Cunningham

Darryl Serafini

Kevin Hendren

LETTER OF UNDERSTANDING #11

BETWEEN:

UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175

-and-

COCA-COLA REFRESHMENTS CANADA COMPANY

Re: Leukemia Payroll Deduction

The Company agrees to provide a payroll deduction for the UFCW Leukemia Fund for all employees who wish to participate.

The deductions are to be remitted in the same manner as the Union dues.

Signed by the Parties in accordance with Letter of Agreement #18 attached.

Barrie- 47

FOR THE UNION

Harold Sutton

Marc Brunelle

Scott Woodland

Chris Warnaar

FOR THE COMPANY

Todd Cunningham

Darryl Serafini

Kevin Hendren

LETTER OF UNDERSTANDING #12

BETWEEN:

UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175

-and-

COCA-COLA REFRESHMENTS CANADA COMPANY

Re: Preferred Work Assignment

The parties recognize the principle of seniority within the workplace and that job opportunity should increase in proportion to length of service. Therefore, the Employer agrees to continue the current practice (including shift overlap) of assigning preferred work in order of seniority. For clarification it is understood that shift overlap means preferred work is assigned to the senior employee on shift until completion of such shift. The Company agrees to meet with the Union when shift changes occur to discuss issues of shift overlap.

Signed by the Parties in accordance with Letter of Agreement #18 attached.

FOR THE UNION FOR THE COMPANY

Harold Sutton Todd Cunningham

Marc Brunelle Darryl Serafini

Scott Woodland Kevin Hendren

Chris Warnaar

Barrie- 48

LETTER OF UNDERSTANDING #13

BETWEEN:

UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175

-and-

COCA-COLA REFRESHMENTS CANADA COMPANY

Re: Vacation Scheduling

The parties agree that "continuous service" for the purpose of interpreting Article 12 (Vacations) shall mean the employee's most recent hire date with the Company.

Signed by the Parties in accordance with Letter of Agreement #18 attached.

FOR THE UNION FOR THE COMPANY

Harold Sutton Todd Cunningham

Marc Brunelle Darryl Serafini

Scott Woodland Kevin Hendren

Chris Warnaar

Barrie- 49

LETTER OF UNDERSTANDING #14

BETWEEN:

UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175

·and·

COCA-COLA REFRESHMENTS CANADA COMPANY

WHEREAS the Company and the Union had an agreement dated October 151h, 2002

regarding the acquisition of the franchise known as "Brown's Beverages", and

WHEREAS the parties acknowledge that the business has changed to the extent that the provisions of that agreement are no longer relevant, and

WHEREAS the parties agree that the terms and conditions as set out in the aforementioned agreement are completely null and void as of the signing of this letter,

THE PARTIES AGREE AS FOLLOWS:

Notwithstanding any provisions of the Collective Agreement, which may be contrary to the terms and conditions as set out herein, the Parties agree to the following terms and conditions:

The one remaining employee affected by the above-noted agreement, namely Greg MacDonald, will be incorporated into the existing "Outside Seniority List" at the Barrie facility with a seniority date of November 2, 2002;

Provided that a "Brown's Territory" route (i.e. containing a majority of calls in the territory known by the parties as the "Brown's Territory") is available on any day which his seniority makes him eligible for work, Greg MacDonald shall be given preference for such route.

Barrie- 50

Mr. MacDonald's work schedule will be determined by the Company. However should the schedule for the Brown's territory change Mr. MacDonald will be given the first right of refusal for the Brown's territory.

Signed by the Parties in accordance with Letter of Agreement #18 attached.

FOR THE UNION FOR THE COMPANY

Harold Sutton Todd Cunningham

Marc Brunelle Darryl Serafini

Scott Woodland Kevin Hendren

Chris Warnaar

Barrie- 51

LETTER OF AGREEMENT #15

BETWEEN:

UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175

-and-COCA-COLA REFRESHMENTS CANADA COMPANY

Re: Transition Plan for Vacation Adjustment by Calendar Year

During the course of the 2010 Barrie bargaining, it was agreed that in order to allow for a more consistent and easy administration of the employee's vacation adjustments, the following process will be adopted:

1. The 2010 vacation adjustment earned will be based on the earnings from the employee's anniversary date to December 31, 2010 and will be paid out as a lump sum by February 28, 2011.

2. The employees will be paid their regular rate for vacation purposes in accordance with Article 12- Vacations for the 2011 calendar year.

3. Beginning January 1, 2012, all vacation rates will be calculated on the eligible T 4 earnings for the previous calendar year.

Signed by the Parties in accordance with Letter of Agreement #18 attached.

Barrie- 52

FOR THE UNION

Harold Sutton

Marc Brunelle

Scott Woodland

Chris Warnaar

FOR THE COMPANY

Todd Cunningham

Darryl Serafini

Kevin Hendren

LETTER OF AGREEMENT #16

BETWEEN:

UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175

-and-

COCA-COLA REFRESHMENTS CANADA COMPANY

Re: Union-Management Meeting

On a quarterly basis, the Plant Chair, Stewards, and local Union Representative will meet wilh equal representation of Management to discuss items such as: accommodation, training and general workplace concerns.

It's understood that the purpose of these meetings is to foster better communication between the parties. These meetings will not be used to replace other meetings or process defined under the Collective Agreement including the grievance process.

Signed by the Parties in accordance with Letter of Agreement #18 attached.

FOR THE UNION

Harold Sutton

Marc Brunelle

Scott Woodland

Chris Warnaar

Barrie- 53

FOR THE COMPANY

Todd Cunningham

Darryl Serafini

Kevin Hendren

LETTER OF UNDERSTANDING #17

BETWEEN:

UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175

-and-

COCA-COLA REFRESHMENTS CANADA COMPANY

Re: Shipping & Receiving Premium

Within 60 days of ratification, the Company agrees to post two (2) positions in the warehouse called Lead hand. The position will be paid at a premium of $0.80 per hour above the General Help classification.

The successful applicants will be selected in accordance with Article 8.05.

Signed by the Parties in accordance with Letter of Agreement #18 attached.

FOR THE UNION FOR THE COMPANY

Harold Sutton Todd Cunningham

Marc Brunelle Darryl Serafini

Scott Woodland Kevin Hendren

Chris Warnaar

Barrie- 54

LETTER OF AGREEMENT #18

BETWEEN:

UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175

-and-

COCA-COLA REFRESHMENTS CANADA COMPANY

Re: Signing Page Concerning Letters of Understanding/Agreement

The Company and Union agree that the following list of Appendices and Letters have been agreed to and form part of the Collective Agreement and by signing this letter, it has the effect of signing each letter in the list. The list is as follows:

1. Long Term Disability Plan 2. Work Scheduling Changes and Weekend 3. C.C.W.I.P.P Pension Plan 4. UFCW Education Fund 5. Temporary Employees 6. Twelve Hour Shift Arrangements 7. Service Department 8. Equipment Service Trainees 9. Arbitration Time Limits 1 0. Substance Abuse 11. Leukemia Payroll Deduction 12.Preferred Work Assignment 13. Vacation Scheduling 14. Brown's Beverages 15. Transition Plan for Vacation Adjustment by Calendar Year 16.Union-Management Meeting 17.Shipping & Receiving Premium

Dated at Toronto, Ontario this J,tv.J day of {r1arc,b , 2011

NY

am

rune lie

Scott Woodl nd

. d(jji__ ~-------,-¢/ ~

Barrie- 55

'