Schedule 4...and placed in a binder bin so as to remain accessible to all interested union members....

36
between Schedule 4 COLLECTIVE AGREEMENT Carillion Canada (Scarborough Town Centre) -and - (Hereinafter called the Employer) S.E.I.U. Local 2, Brewery, General & Professional Workers' Union Effective: January 1, 2015 Expiry: December 31, 2017 Full Time Agreement Maintenance Personnel (Hereinafter called the "Union") (Lead Hands, Cleaners & Food Court)

Transcript of Schedule 4...and placed in a binder bin so as to remain accessible to all interested union members....

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between

Schedule 4 COLLECTIVE AGREEMENT

Carillion Canada (Scarborough Town Centre)

-and -(Hereinafter called the Employer)

S.E.I.U. Local 2, Brewery, General & Professional Workers' Union

Effective: January 1, 2015 Expiry: December 31, 2017

Full Time Agreement Maintenance Personnel

(Hereinafter called the "Union")

(Lead Hands, Cleaners & Food Court)

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INDEX

ARTICLE 1- INTENT AND PURPOSE ...................................................................................................... 1

ARTICLE 2- RECOGNITION .................................................................. ................................................... 1

ARTICLE 3- RELATIONSHIP ................................................................................................................... 2

ARTICLE 4- NO DISCRIMINATION ......................................................................................................... 2

ARTICLE 5- UNION SECURITY ................................................................................................................ 2

ARTICLE 6 - MANAGEMENT RIGHTS ................................................................................................ : .... 3

ARTICLE 7- LABOUR/MANAGEMENT COMMITTEE ............................................................................. 4

. ARTICLE 8- UNION STEWARDS AND COMMITTEES ........................................................................... 5

ARTICLE 9 - GRIEVANCE PROCEDURE .................................................................................................. 6 ARTICLE 10 - ARBITRATION ..................................................................................................................... 9

ARTICLE 11 - NO CESSATION OF WORK ............................................................................................. 10

ARTICLE 12- PROBATIONARY AND TEMPORARY EMPLOYEES ...................................................... 11

ARTICLE 13- SENIORITY ........................................................................................................................ 11

ARTICLE 14- REDUCTION IN FORCE .................................................................................................... 12

ARTICLE 15- JOB POSTING ................................................................................................................... 14 ARTICLE 16- PAY DAYS ........................................................................................................................ 15

ARTICLE 17- HOURS OF WORK AND OVERTIME ............................................................................... 16

ARTICLE 18 - UNIFORMS ....................................................................................................................... 18

ARTICLE 19- PAID HOLIDAYS .............................................................................................................. 18

ARTICLE 20- VACATIONS AND VACATION PAY .................................................................................. 19

ARTICLE 21- BEREAVEMENT LEAVE ................................................................................................... 21

ARTICLE 22- LEAVES OF ABSENCE ..................................................................................................... 22

ARTICLE 23 - LEAVES OF ABSENCE FOR UNION BUSINESS ............................................................. 22

ARTICLE 24- HEALTH AND SAFETY ..................................................................................................... 23 ARTICLE 25- JURY DUTY ....................................................................................................................... 23

ARTICLE 26- MATERNITY LEAVE/PARENTAL LEAVE ........................................................................ 23

ARTICLE 27- BENEFIT PROGRAM ....................................................................................................... . 23

ARTICLE 28- WAGES ............................................................................................................................. 24

ARTICLE 29- GENERAL .......................................................................................................................... 24

ARTICLE 30- EMPLOYEE RECORDS ............... ..................................................................................... 25

ARTICLE 31- RETIREMENT ................................................................................................................... 25 , ARTICLE 32- JOB CLASSIFICATIONS .... ............................................................................................... 25

ARTICLE 33- TRAINING ......................................................................................................................... 25 ARTICLE 34- COPIES OF AGREEMENT ................................................................................................ 26

ARTICLE 35- DURATION AND TERMINATION ..................................................................................... 26

APPENDIX "A" (WAGE SCHEDULE) ....................................................................................................... 27

APPENDIX "B"(HEALTH BENEFITS PROGRAM) .......................................................... -......................... 30

APPENDIX "C"(LETTER OF UNDERSTANDING) ................................................................................... 33

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ARTICLE 1.- INTENT AND PURPOSE

1.01 The purpose of this agreement is to establish mutually satisfactory relations between the Employer and the employees concerned, and to provide machinery for the prompt and equitable disposition of grievances, and to establish and maintain satisfactory working conditions, hours of work and wages for all the employees who are subject to the provisions of this agreement.

1.02 It is understood that any practice by the Employer, outside the scope of this agreement, does not create any obligations on the Employer and may be changed or discontinued at any time.

ARTICLE 2 - RECOGNITION

2.01 The Employer recognizes the Union as the sole collective bargaining agent for all full time employees of ~ c a r i II i o n c a n ad a employed in the cleaning and maintenance and the food court at Scarborough Town Centre, 300 Borough Drive, Scarborough, Ontario, save and except supervisors, persons above the rank of supervisor, office staff, security officers, persons regularly employed for not more than twenty-four (24) hours per week, students employed during the school vacation period and temporary employees employed under Article 2.03(a) and 2.03(c).

2.02 Whenever the singular or masculine is used in this Agreement, it shall be considered as if the plural or feminine has been used where the context of the party or parties so requires.

2.03 (a) It is acknowledged and agreed by both parties that the Employer may employ students or temporary employees during the vacation period of an employee covered by this Agreement or during the absence of an employee and that such students or temporary employees will not be covered by the Collective Agreement or required to join the Union or pay union dues. It is further understood and agreed that where such temporary employees are engaged, such employment situations will not extend beyond an eight (8) week consecutive employment period.

(b) In addition, other officials of the Employer may perform work on any job normally performed by an employee covered by this Agreement for purposes of instruction, experimentation, in cases of emergency and where regular employees are not available or able (for any reason) to do the work.

(c) It is acknowledged and agreed by both parties that, during peak business seasons, the Employer may employ temporary maintenance employees to supplement the staff complement.

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ARTICLE 3- RELATIONSHIP

3.01 The parties hereto agree that all present employees of the Employer, covered by this Agreement, who are members of the Union on the signing date of this Agreement, shall remain members in good standing of the Union as a condition of employment and continued employment.

3.02 All new full-time maintenance and food court employees except students and temporary employees hired under Article 2.03, hired after the signing date of the agreement shall become members of the Union as a condition of continued employment and shall commence paying union dues on the first pay of the month following their date of employment.

3.03 Full-time employees are those employees who are regularly scheduled to and normally work in excess of twenty-four (24) hours per week.

ARTICLE 4- NO DISCRIMINATION

4.01 The Employer and the Union agree that there will be no discrimination, intimidation, interference, restraint or coercion exercised or practised upon any employee because of membership or non-membership in the Union.

4.02 The Union agrees that neither its officers nor members will use any coercion, intimidation or discriminatory action in obtaining new members or in persuading any of its members to participate in its activities. The Employer agrees that it will not use any coercion, intimidation or discriminatory action to induce an employee from becoming or to cease to be a member or officer of the Union.

4.03 The Employer and the Union further agree that there will be no discrimination against any employee because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, marital status, family status, political affiliation, handicap or sexual orientation.

4.04 There shall be no solicitation of members, collection of dues, or other Union activity during working hours, except with the prior written consent of the Employer.

ARTICLE 5- UNION SECURITY

5.01 The Employer will deduct monthly union dues for the term of this Agreement from those employees in the bargaining unit. The Employer will remit such Union dues on or before

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the 25th day of the month in respect of which dues are payable along with a list containing the employee's name from whom the deduction was made, his address, postal code, and social insurance number. Such list will contain the names of employees who have terminated their employment in the preceding month. Failure of the Employer to make and transmit such deductions to the Union because of a clerical error or other errors arising from an honest mistake shall not be construed as default hereunder if such error is corrected within thirty (30) days of being notified to do so by the Union.

The Secretary-Treasurer of the Union shall advise the Employer in writing as to the amount of monthly dues, and initiation fees and any changes thereto. The Employer will indicate the amount of Union dues paid by employees on their T-4 slips.

5.02 The Business Representative for the Union or the Union's designee, shall have access to the premises covered by this Agreement to meet with the employees in the designated maintenance room or to meet with the representatives of the Employer at the times the Shopping Centre is open to the public and at other times by arrangement. No employee may be called off his station by the said representative, or designee, without the Employer's consent, which consent shall not be unreasonably withheld.

5.03 At the request of the Union, the Employer will post on the maintenance bulletin board, notices of Union meetings, conventions, elections, social, recreational and educational activities. The Employer reserves the right to not post any notice containing contentious material. All posted notices will be dated. After one (1.) month, notices will be removed and placed in a binder bin so as to remain accessible to all interested union members.

5.04 Union Orientation

A Union Steward will be allowed fifteen (1.5) minutes to orient a new employee to the Union during their first week at work at a convenient time.

ARTICLE 6- MANAGEMENT RIGHTS

6.01. The Union acknowledges that all management rights and prerogatives are vested exclusively with the Employer except as specifically limited by the provisions of the Agreement and, without limiting the generality of the foregoing; it is the exclusive function of the Employer:

(a) to maintain order, discipline, efficiency and, in connection therewith, to make, alter, and enforce reasonable rules and regulations, which rules and regulations shall not be inconsistent with the provisions of the Agreement.

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(b) to hire, transfer, layoff, recall, promote, demote, retire, classify, assign duties, discharge, suspend or otherwise discipline emptoyees, provided that a claim by an employee who has acquired seniority that he has been discharged or otherwise disciplined without just cause may be the subject of a grievance under Article 9 of the Agreement.

(c) to reduce the number of employees in events, such as if the work load reduces as a result of tenant vacancy, reduced customer traffic or discontinuation of all or part of the Employer's business while under demolition, construction, or reconstruction of the shopping centre premises or for any other reason that would warrant a reduction of the workforce;

(d) generally to manage the business in which the Employer is engaged including determining work assignments and work schedules, hours of and methods of operation, qualifications of employees and standards of performance in accordance with the collective agreement.

(e) The Union further recognizes the right of the Employer to operate and manage its operations in all respects in accordance with its commitments and its obligations and responsibilities. The right to decide on the number of employees needed by the Employer at any time, the right to use modern methods, machinery and equipment at Scarborough Town Centre are solely and exclusively the responsibility of the Employer.

(f) The Employer has the right to make and alter, from time to time, reasonable rules and regulations to be observed by the employees provided that any such rules or changes to such rules shall not conflict with the provisions of this Agreement and the Union Steward shall be advised of such changes prior to implementation.

ARTICLE 7 - LABOUR/MANAGEMENT COMMITTEE

7.01. The Employer or the Union may request a meeting of the parties to discuss issues relating to the workplace. Such requests will be in writing and will indicate the issues, which the party requesting the meeting wishes to discuss. The other party may respond by identifying further issues for discussion in writing prior to the meeting. The meeting will only deal with issues identified in advance in writing and will not be used as a substitute for the grievance procedure or to discuss outstanding grievances without the consent of both parties and the Union business agent.

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If requested, such meetings may occur quarterly and may be attended by the Union business agent and up to two (2) employees. The meeting shall take place at a mutually agreeable time. The employees attending the meeting shall be paid for wages lost from regularly scheduled hours.

ARTICLE 8- UNION STEWARDS AND COMMITTEES

8.01 Union Stewards

The Employer recognizes the right of the Union to elect or appoint two (2) stewards at Scarborough Town Centre for the purpose of representation within the shopping centre. The stewards shall be employees, covered by the collective agreement, who have completed their probationary period.

The Union, acknowledges that each Steward has regular work to perform and that he shall only absent himself from such work with prior permission of his Supervisor and, upon resuming his regular duties, he shall again report to his Supervisor. Each Steward shall not lose pay for time spent during his regular working hours while meeting with the employer to discuss grievances.

8.02 The Union shall provide the Employer with a list of the Stewards at the time of the signing of the Agreement and shall, within a reasonable time, notify the Employer of any change to the list during the term of the Agreement.

The Employer will recognize, upon written notice from the Union, substitutes appointed to function as stewards in the absence of the regular stewards.

8.03 Where an employee is required to attend a meeting in which a discipline is to be given, or an investigation is taking place which could lead to discipline, the supervisor or designate will inform the employee prior to the meeting of his right to have a Union Steward present at the meeting.

The employee may request the presence of the Union Steward during the meeting. Where the employee requests such representation, either prior to or during the meeting, the Supervisor will send for the Steward without further discussion of the matter with the employee. If a Steward is not available, the Employer shall schedule the meeting within the next twenty-four (24) hours and it shall become the sole responsibility of the employee concerned to arrange for a Union Steward, or a co-worker if a Steward is still not available to be in attendance when the meeting occurs.

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8.04 Negotiating Committee

The Employer will pay the usual wages for any time spent by employees who are members of the Negotiation Committee while in negotiations with the Employer, provide that the maximum daily hours will not exceed eight (8).

The Employer recognizes the right of the Union to elect or appoint two (2) members of the bargaining Unit to serve as members of the Negotiating Committee.

ARTICLE 9 - GRIEVANCE PROCEDURE

9.01 It is the mutual desire of the parties that complaints concerning the interpretation, application, administration or alleged violation of this Agreement shall be adjusted as quickly as possible. It is agreed and acknowledged that the Employer, the Union or any employee covered by this Agreement has the right to lodge a grievance with respect to any matter arising out of the interpretation, application or alleged violation of the Agreement. An employee shall attempt to settle any complaint or disagreement with his Supervisor before presenting a grievance in writing. The employee may, at his request, be accompanied by a Union Steward.

9.02 Should any difference arise between the Employer and an employee as to the interpretation, application, administration or alleged violation pursuant to Article 9.01, an earnest effort shall be made to settle such difference in the following manner:

9.03 Step One

Provided that the complaining employee has brought the complaint or disagreement to the attention of his supervisor and that it was not able to be satisfactorily resolved; within five (5) days after the alleged grievance has arisen or it ought to have been known to have arisen, the employee who may request the assistance of his Steward, shall present his grievance in writing, on a grievance form to his supervisor. The grievance shall be signed and shall indicate the Article(s) in the Agreement, which have allegedly been violated, and the nature of the grievance. The Employer shall provide a written response to the grievance within five (5) days of receipt. If the grievance is not resolved, then;

9.04 Step Two

Within five (5) days after the decision of Step One has been or should have been given, the Union may present the written grievance to the Manager, or a person or persons designated by him to handle such matters at Step Two. The Manager, or his designate, shall schedule a meeting to be held within five (5) days from the time when such

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grievance was presented to him, or his designate. At the Step Two meeting, the member may be accompanied by his Chief Steward, and the Manager or his designate, may be accompanied by Counsel and such other assistance, as he so desires. The Staff Representative of the Union may be present at the meeting. The Manager, or his designate, shall give a decision, in writing, on behalf of the Employer within five (5) days immediately following the date of such meeting.

9.05 Grievance Procedure- General Provisions

In the event that two (2) or more employees have grievances relating to the interpretation, application, administration or alleged violation of the provisions of the Agreement which are sufficiently common in nature that they may be conveniently dealt with together, such grievances shall constitute a group grievance and it shall be presented at Step Two within five (5) days after the alleged grievance has arisen. A grievance involving two (2) or more employees shall be presented by not more than two (2) of the employees in the group grievance.

9.06 Any grievance which arises directly between the Employer and the Union concerning the interpretation, application, administration or alleged violation of the provisions of the Agreement, which grievance shall constitute a policy grievance, may be submitted by either of the parties to the other. Notice of the grievance, shall be given in writing within ten (10) days of the occurrence of the matter giving rise to the grievance. The Manager, or his designate, shall schedule a meeting between the Union, the Staff Representative and the Employer Representatives designated for that purpose, to be held within ten (10) days after notice has been given by either of the parties to the other. The decision of the party being grieved against shall be given in writing within ten (10) days following the date of such meeting. If no settlement is reached the grievance may be referred to arbitration in accordance with the provisions of Article 10 of the Agreement.

9.07 It is understood that the Employer may bring forward to the Union Grievance Committee any complaint with respect to the conduct of the Union, its officers or stewards, and that if such complaint by the Employer is not settled to the mutual satisfaction of the conferring parties, it may be treated as a grievance and referred to arbitration in the same way as the grievance of an employee.

9.08 The Employer shall from time to time, notify the Union in writing of the names of the Employer representatives and designated alternates appointed for purposes of the grievance procedure.

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9.09 The time limits in this grievance procedure and Article 10, Arbitration, are mandatory. Any and all of the time limits set forth in Article 9 for the taking of action by either party or by an employee may be extended at any time by mutual agreement of the parties in writing.

9.10 Any reference to days in this Article and Article 10 shall mean Monday to Friday and shall not include weekends or holidays.

9.11 Grievance Procedure - Discharge and Suspension

If an employee who has acquired seniority believes that he has been discharged or suspended without just cause, the grievance shall be presented at Step Two within three (3) days after notice has been given to the employee.

9.12 In the event that an employee, who is required to operate a Employer vehicle, has his driver's licence suspended or withdrawn, it is understood and agreed that the Employer may lay off such employee until such time as the employee regains his driving privileges, unless other duties can be arranged without the Employer incurring additional costs.

9.13 In the event that an employee is charged with a criminal offence, the Employer shall have the right to suspend the employee, without pay, pending final disposition of the matter by a Court of Law or, if circumstances warrant, in the opinion of the Employer, discharge the employee immediately where the offence relates to a bonified job requirement or negatively impacts the business or reputation of the Employer. The Union shall have the right to grieve such suspensions or dismissals in accordance with this Article.

9 .14 Grievance and Arbitration Process

The parties agree to implement a Grievance Mediation procedure in accordance with the following provisions:

(a) Either party, with the agreement of the other party, may submit a grievance to Grievance Mediation at any time within ten (10) days after the Employer's decision has been rendered at the step prior to Arbitration. Where the matter is so referred, the mediation process shall take place before the matter is referred to Arbitration.

(b) Grievance Mediation will commence within twenty-one (21) days of the grievance being submitted to mediation, or longer period as agreed by the parties.

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(c) No matter may be submitted to grievance medi?ttion, which has not been properly carried through the grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure.

(d) The parties shall agree on a mediator.

(e) Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made and legal counsel shall not be used by either party.

(f) If possible, an agreed statement of facts will be provided to the Mediator, and if possible, in advance of the Grievance Mediation Conference.

(g) The Mediator will have the authority to meet separately with either party.

(h) If no settlement is reached within five (5) days following grievance mediation, the parties are free to submit the matter to Arbitration in accordance with the provisions of this collective agreement. In the event that a grievance, which has been mediated, subsequently proceeds to arbitration, no person serving as the mediator may serve as an Arbitrator. Nothing said or done by the mediator may be referred to Arbitration.

(i) The Union and Employer will share the cost of the Mediator, if any.

ARTICLE 10- ARBITRATION

10.01 In the event that either party desires to submit to arbitration a grievance that has not been settled under the provisions of Article 9, it shall notify the other party in writing within ten (10) days from the decision of the Employer under Article 9.04 or Article 9.06 or of the Union under Article 9.06.

10.02 The written reference referred to in Article 10.01 shall contain the names of three (3) proposed arbitrators from the list of arbitrators approved by the Office of Arbitration. The recipient of such notice shall, within five (5) days of the receipt of the notice, agree to one (1) of the above-mentioned proposed arbitrators or propose the names of three (3) different arbitrators from the list of arbitrators approved by the Office of Arbitration, in the written reply thereto.

10.03 In the event that the parties fail to agree upon an arbitrator, either party may request that the Minister appoint an arbitrator pursuant to Section 45(4) of the Labour Relations Act. R.S.O. 1990, C.L.2, as amended.

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10.04 In the event that either the Union or the Employer desires appointment of a three party arbitration panel, they shall notify the other party either at the time of notification of intention to proceed to arbitration or at the time of responding to notice of arbitration. In such event, a three-member arbitration panel will be utilized and each party will assume the cost of their appointee to the panel in addition to fifty percent (50%) of the costs of the Chairperson.

10.05 Each grievance submitted to arbitration shall be heard separately unless otherwise mutually agreed.

10.06 The issue(s) raised in the written grievance shall be presented to the arbitrator and the award shall be confined to such issue(s). The decision of the arbitrator shall be final and binding on the parties to the Agreement.

10.07 In no case shall the arbitrator be authorized to alter, modify; or amend any part of the Agreement.

10.08 The parties will each pay one-half of the remuneration and expenses of the arbitrator selected by the parties or appointed by the Minister.

10.09 No matter may be submitted to arbitration that has not been properly carried through all of the steps of the grievance procedure and within the time limits specified or any agreed upon extension.

ARTICLE .11- NO CESSATION OF WORK

11.01 In view of the orderly procedure established by this Agreement for the settling of disputes and the handling of grievances, the Union agrees that during the lifetime of this Agreement, there shall be no strike, slowdown, or stoppage of work, either complete or partial, and the Employer agrees that there will be no lockout.

11.02 The Employer shall have the right to discharge or otherwise discipline employees who take part in or instigate any strike, stoppage or slowdown but a claim of unjust discharge or discipline may be the subject of a grievance and dealt with as provided in Article 9.

11.03 Should the Union claim that a cessation of work constitutes a lockout, it may take the matter up with the Employer as provided in Article 9.

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11.04 The Union further agrees that it will not involve any employee of the Employer, or the Employer itself, in any dispute, which may arise between any other Employer and the employees of such other Employer.

ARTICLE 12- PROBATIONARY AND TEMPORARY EMPLOYEES

12.01 Notwithstanding anything in the agreement, a person shall be considered to be a probationary employee and he shall have no seniority until he has actually worked sixty (60) days as a full-time employee of the Employer. Provided that they are retained after completion of their probationary employment period, their names shall be placed on the appropriate seniority list and their seniority shall date back to the date of hiring.

12.02 The probationary period of an employee may be extended upon mutual written consent of the Employer and the Union.

12.03 Temporary employees, hired by the Employer during vacation periods when members of this bargaining unit are taking annual vacations, shall not be required to join the Union or pay dues. However, if such temporary employees remain in the employment of the Employer beyond eight (8) consecutive weeks, they shall immediately become probationary employees and their service as a temporary employee shall be counted in determining their probationary period.

ARTICLE 13 -SENIORITY

13.01 The seniority of an employee means the length of his continuous service with the Employer since the date of his most recent hiring by the Employer, except as expressly provided herein.

13.02 The seniority of an employee shall be completely lost and he shall be automatically terminated if he:

(a) quits,

(b) is discharged and not reinstated in accordance with the provisions of this Agreement, or

(c) is absent from work for three (3) or more consecutive days without notifying the Employer

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(d) is absent from work due to sickness or a non-compensable injury for a period of three (3) or more days without providing the Employer with a medical certificate from a qualified medical practitioner as to the reason and necessity for such absence if requested to do so; or

(e) is laid off for a period in excess of twelve (12) months; or

(f) is absent due to sickness or a non-compensable injury for a period in excess of twenty-four (24) months; or

(g) fails to notify the Employer of his intention to return to work within seventy-two (72) hours of being given notice of recall or fails to return to work within seven (7) days of the date of recall as set out in the notice of recall. This time period may be extended by mutual consent of both parties.

(h) is off work, on Workers' Compensation, for a period in excess of twenty-four (24) months.

(i) uses a leave of absence other than the purpose for which it was granted.

0) attends at work for another employer during his regularly scheduled shift while unable to report to work for the Employer.

1.3.03 The Employer will provide the Union with a current seniority list showing each employee's seniority date, classification and rate of pay every six (6) months. This will also be posted on the designated bulletin board in the maintenance office.

1.3.04 The Employer will notify the Union or its' designate of all suspensions, terminations, layoffs and recalls, in writing.

ARTICLE 14 - REDUCTION IN FORCE

1.4.01 Where it is necessary to reduce the work force of the maintenance department, the following procedure will be observed provided that it does not prevent the Employer from maintaining a work force of employees who are qualified and suitable to do the necessary work assignments.

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Procedure

Seniority rights under a lay-off shall be exercised according to the following procedures in sequential order:

(a) An employee within the designated affected job classification, as listed in Schedule "A11

, will be entitled to exercise their job classification seniority rights by displacing the employee with the least seniority in the same job classification.

(b) An employee who is displaced as a result of 14.01(a) will be entitled to exercise their seniority rights by displacing an employee with less seniority in another job classification provided that the employee is qualified and suitable to do the work available in the opinion of the Employer. In such event, the employee must agree to accept the wage scale associated with the job classification of the employee being bumped.

14.02 Where an employee wishes to exercise his right to bump and displace another employee, in accordance with 14.01(a) or (b), he must confirm his intent, within five (5) days by providing written notice to the Manager.

14.03 It is agreed that an employee may be retained out of the order of seniority where the bumping employee is not qualified to perform the work of the employee with the least seniority.

14.04 It is understood and agreed that an employee exercising their right to bump a less senior employee shall assume the current shift assignment of the displaced employee.

14.05 Notice of Lay-Off

Written notice of permanent lay-offs or lay-offs in excess of twelve (12) weeks, to full­time employees who have acquired seniority shall be provided in accordance with the provisions of the Ontario Employment Standards Act.

Such notice will be handed to the employee and a signed acknowledgement will be provided by the employee if the employee is at work when the notice is ready for delivery. In the alternative, the notice may be mailed by registered mail and wil_l be. deemed delivered five (5) days after the date of registration as certified by Canada Post.

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It is agreed that notice requirements, as outlined in 14.05, shall not apply in the following circumstances:

(a) to an employee who has not completed his probationary period or has not acquired seniority under the terms of this collective agreement;

(b) lay-off resulting from matters beyond the Employer's control (defined to include fire, flood, Act of God, law enforcement intervention, etc.).

14.06 Recall

Laid off employees shall be recalled to their original positions in the reverse order of their displacement through lay-off or may be recalled to another position provided that the employee is able to satisfactorily perform the work available.

Employees being recalled to work will be advised, in writing by registered mail, and it is the responsibility of the employee to keep the Employer advised of their current address.

An employee who fails to report to work within seven (7) calendar days of notification from the Employer shall be deemed to have abandoned their position.

ARTICLE :1.5 -JOB POSTING

15.01 In the event that new positions are created or vacancies arise within the bargaining unit, the Employer will post such new jobs or vacancies for a period of seven (7) working days, stipulating the qualifications, classifications, wage rate and shift for response from within the bargaining unit employees. Members of the bargaining unit who are immediately available for work, wishing to apply for the position, must confirm their interest in writing to the attention of the Operations Manager.

If no applications are received by 10:00 a.m. of the eighth (8th) day following the posting date from current members of the bargaining unit who are qualified and able, in the opinion of the Employer, the Employer may start proceedings to secure applications from labour sources outside of the bargaining unit.

In the event that two (2) or more bargaining unit employees apply, the following hiring considerations' will govern:

(a) skill, knowledge of the job, and physical capability to do the job;

(b) Where two or more applicants meet the above requirements, seniority shall govern.

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15.02 The Employer reserves the right to hire outside of the bargaining unit where, in their opinion, none of the applicants are capable of performing the work required. The Employer will discuss with unsuccessful applicants, if requested, the manner in which the employee may improve his qualifications in order to be considered for any future vacancy.

15.03 Where an employee within the bargaining unit applies for and is awarded a posted job, there shall be a thirty (30) day probation period, which shall commence on the first day that the employee assumes the duties of the posted position. During said thirty (30) day period, the employee may request return to their old position if they so desire. In such case, the employee may bump an employee who has moved into their old position. Conversely, if the Employer finds, within the same thirty (30) day period, that the employee is incapable of performing the duties of the posted position, the Employer shall have the right to return the employee to their former position .

.15.04 Copies of all job postings, for positions within the bargaining unit, will be posted on the bulletin board in the designated maintenance room at Scarborough Town Centre.

ARTICLE 16- PAY DAYS

.16.01 The Employer agrees that employees will be paid every two (2) weeks on a Thursday, which will cover their pay for the two (2) week period ending on the previous Saturday in accordance with the scheduled hours actually worked by the employee and supported by the employee's timekeeping device. Should a pay day be interfered with by a statutory holiday, the pay day shall be moved forward to the last working day prior to the holiday .

.16.02 The Employer shall endeavour to distribute the pay cheques the day before pay day for those employees scheduled to work afternoons and nights or those employees scheduled off on a pay day.

16.03 The Employer may elect to provide "automatic deposit" of net pay to the employee's personal bank account. In such case, it is the sole responsibility of the employee to provide current, accurate banking information to the Employer and the Employer will ensure that a Statement of Earnings is provided to employees in accordance with the distribution requirements outlined in 16.01 and 16.02.

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ARTICLE 17 - HOURS OF WORK AND OVERTIME

17.01 It is mutually understood and agreed that the statement of the normal hours of work herein, is not a guarantee that work will be provided, nor that the departmental schedule of hours of work will not be changed, as found necessary by the Employer, in the interest of efficiency or economy.

17.02 (a) The regular work day shall consist of eight (8) hours of work exclusive of an unpaid thirty (30) minute meal period and including two (2) paid fifteen (15) minute breaks.

(b) The regular work week shall average not more than eighty (80) hours for each employee during a bi-weekly period.

(c) No employee shall work more than ten (10) days in a bi-weekly period without overtime compensation.

17.03 The timing of lunch periods and breaks will be determined by the Employer based upon operational needs. Coffee breaks will be scheduled so that one precedes and one follows the meal break. It is understood and agreed that, in the event of an emergency, employees are required to respond regardless of whether or not they are on duty or on a lunch break. If an employee is required to work during a meal period or break, he will be paid his usual wage rate for the time.

17.04 The Employer will endeavour to post a schedule of work hours fourteen (14) days in advance listing the names and hours to be worked.

17.05 Changing of Shifts

Employees shall be allowed the right to change shifts providing that such employees can arrange such changes between themselves, and obtain permission from management, in advance, and provided further that the Employer shall not be liable to pay any overtime in respect to any such change. Requests for such schedule changes will be presented to the Operations Manager, in writing signed by both employees, for consideration at least three (3) working days prior to the scheduled shift. In all such cases, the requisite "Request for Change" form will be completed and signed by both employees and the Operations Manager before any such request is deemed approved.

17.06 It is the intent of this Agreement that, where possible, the number of days off per week shall be consecutive days and time off shall be arranged, as far as possible, so as to permit all employees to have an equal number of weekends off.

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17-.07 Where there is a dispute as to the start or end of a shift or punctuality, the timekeeping device shall govern.

17.08 Authorized work performed, in excess of regular scheduled work hours, as noted in 17.02 will be counted as overtime work and will be paid for at the rate of time and one half of the employee's regular rate of pay.

No overtime shall be paid to an employee who works in excess of his regular scheduled work hours as a result of an exchange of shift as provided for in 17.05.

17.09 Employees who work overtime will not be required to take time off in regular hours to make up for overtime worked, but may take time off equivalent to overtime, by mutual agreement with the Employer.

17.10 (a) a shift premium (as per Appendix A) will be paid to all employees working on the afternoon shift. The shift premium will apply where an employee is working overtime or on a paid holiday.

(b) A shift premium (as per Appendix A) will be paid to all employees working on the midnight shift. The shift premium will apply where an employee is working overtime or on a paid holiday.

17.11 Where an employee who is scheduled to work reports to work and no work is available, the employee will be guaranteed a minimum of four (4) hours pay at his regular hourly rate.

17.12 A lunchroom shall be provided for the use ofthe employees covered under this Collective Agreement. It is understood and agreed that employees shall only eat their meals in the lunchroom provided for such purpose unless they are not in uniform.

17.13 Employees who are injured on the job and are sent home by the Employer shall receive pay at the applicable hourly rate for the balance of the regular shift on that day but not to exceed eight (8) hours.

17.14 All employees must be ready for duty upon commencement of shift. There shall be a five (5) minute wash-up period at the end of each regular shift for the purpose of changing clothes, etc.

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ARTICLE 18- UNIFORMS

18.01 The Employer will supply the following items, for use of the employees, at no cost to the employees:

(a) Uniforms- with proper markings

Employees will be provided with three (3) short sleeve and one (1) long sleeve shirts and 2 pairs of slacks every two (2) years; (at the commencement of employment, 2 shirts and 1 pair of slacks will be provided with the balance of uniforms provided after completion of probationary employment period).

(b) The Employer will provide individual winter parka coats (with personalized identification on it) and gloves, selected by the Employer, to employees required to work outside during the winter months (November 1 to March 31) conditional upon parkas being left at the centre during non-working periods.

Employees are responsible for cleaning, maintaining and safeguarding of the above items and are responsible for any loss occasioned by carelessness or neglect.

18.02 The Employer will reimburse each employee up to one hundred dollars ($100.00) in any twelve (12) month period toward the cost of purchasing green patch approved safety shoes provided that the shoes are in accordance with dress code requirements and upon submission of a receipt showing proof of purchase. For purposes of definition, the mandatory shoe dress code is black soled, black upper, low cut green patch approved safety shoes.

18.03 It is understood and agreed that the uniforms supplied will not be worn outside of the workplace other than while travelling to and from work.

ARTICLE 19- PAID HOLIDAYS

19.01 The recognized holidays, with pay, for this Agreement shall be:

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

Labour Day Thanksgiving Day Christmas Day Boxing Day

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If the Federal or Provincial Governments declare, by statute or proclamation, an additional holiday (Heritage Day), the said holiday will be added to the list of paid holidays contained in 19.01.

Holiday pay shall be paid for straight time hours lost from regular work on the day of the observance of the holiday, not to exceed eight (8) hours at the regular hourly rate of the employee. In order to qualify for payment for the above named holidays and under the provisions of 19.03, an employee must work his regularly scheduled working day immediately prior to and following the holiday unless he is absent:

(a) due to vacation;

(b) due to illness, as verified by the certificate (acceptable to the Employer) of a duly qualified medical practitioner;

(c) is on a Employer approved leave of absence for Union Business.

19.02 Employees, who are not assigned to duty on a holiday named in 19.01 above, will be paid their regular day's pay; not to exceed eight (8) hours.

19.03 Employees who are required to work on any of the holidays listed in 19.01 will be paid time and one half their regular rate of pay for time worked on such holidays, plus one full day's pay.

19.04 For the purpose of clarity, work on a statutory holiday shall be deemed such when the majority of the hours are worked on the day of the holiday.

19.05 An employee who is called into work on a paid holiday which is their regularly scheduled day off shall be paid at double their rate of pay for all hours worked in addition to the holiday pay for that day.

ARTICLE 20- VACATIONS AND VACATION PAY

20.01 Effective on January 1, 2015, for the purpose of calculating vacation entitlement and pay milestones in a), b), c) and d) the employer shall use the employee's service anniversary date. The vacation year shall be July 1st through June 30th.

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(a) Upon completion of twelve (12) months of employment, each employee shall be entitled to two (2) weeks' vacation with pay at four (4%) per cent of gross wages.

(b) Employees who have completed three (3) years of employment with the Company shall be entitled to three (3) weeks of vacation with pay at six (6%) percent of gross wages.

(c) Employees who have completed eight (8) years' of employment with the Company shall be entitled to four (4) weeks of vacation with pay at eight (8%) percent of gross wages.

(d) Employees who have completed twenty (20) years' or more of employment with the Company shall be entitled to five (5) weeks of vacation With pay at ten (10%) percent of gross wages.

20.02 "Vacation Year" means a twelve (:1.2) month calendar year (July 1 to June 30).

20.03 Actual vacation time off will be taken without pay. Employees shall receive their accrued vacation pay annually during the first week of July. For employees entitled to annual vacation of two (2) weeks or less, vacation pay will accrue at the rate of four percent (4%) of total wages paid during the preceding vacation year as defined in Article 20.02. For employees entitled to annual vacation of three (3) weeks, vacation pay will accrue at the rate of six percent (6%) of total wages paid during the preceding vacation year as defined in Article 20.02. For employees entitled to annual vacation of four (4) weeks, vacation pay will accrue at the rate of eight percent (8%) of total wages paid during the preceding vacation year as defined in Article 20.02. For employees entitled to annual vacation of five (5) weeks, vacation pay will accrue at the rate of ten percent (10%) of total wages paid during the preceding vacation year as defined in Article 20.02.

The definition of total wages shall include overtime, premium rates, statutory holidays paid.

20.04 Accrued vacations in excess of two (2) weeks, may be carried over to the next vacation year upon mutual agreement between the Employer and the employee, but must be used not later than October 31st of the year following the year of entitlement.

20.05 Employees will submit written requests for annual vacation leave to the Operations Manager, on the form provided by the Employer, in March of each year, indicating their preference of vacation dates for that year. Approval for vacation requests will not be unreasonably withheld but, in the event that more than one (1) employee requests the same period of vacation time and it is inconvenient to have more than one (1) employee off, approval for leave will be granted on the basis of seniority.

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20.06 Employees may not take their vacation during November, December or March unless approval is received in writing from the Employer to take their vacation during this period.

20.07 On termination of employment, the employee will receive the percentage of wages indicated in 20.03.

20.08 An employee who would like to take a day off to observe a religious holiday not listed in Article 19.01 will provide the Employer with a minimum of two (2) weeks written notice.

ARTICLE 21 - BEREAVEMENT lEAVE

21.01 (a) When a relative of an employee dies, the employer shall grant an excused absence from the hours the employee is scheduled for work in his regular work week of three (3) working days, at the time of death or upon the employee being notified of death (up to two (2) months from actual date of death), and will pay the employee for the scheduled hours not worked during the said three (3) days at the employee's regular hourly rate, provided that, upon request, he furnishes the employer with satisfactory proof of death.

(b) The word "relative" as used in this article, shall include only spouse or common law spouse, son, daughter, father, mother, guardian, grandparent, grandchild, father-in­law, mother-in-law, sister or brother.

(c) When a son-in-law, daughter-in-law, aunt or uncle of an employee dies, or the grandparent of the spouse of an employee dies, the employer shall grant an excused paid absence from the hours the employee is scheduled for work in his regular work week for the day of the funeral only.

(d) In the case under this article where, because of distance or other cause, the employee does not attend the funeral of his brother, sister, mother-in-law, or father­in-law, the employer shall grant an excused absence from the hours the employee is scheduled for work in his regular work week of one (1) day between the date of death and the date of the funeral and will pay the employee the scheduled hours not worked during the said one (1) day at the employee's payroll hourly rate, provided that upon request he furnishes the employer with satisfactory proof of death.

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(e) The days which are thus paid for will be counted as days worked for the determination of the sixth day of work in the work week and also as days worked for the purpose of establishing eligibility for holiday pay.

ARTICLE 22 - LEAVES OF ABSENCE

22.01 The Employer may grant a leave of absence, of up to two (2) months, without pay, to an employee who has completed his probationary period, provided that:

(a) the employee has a minimum of one (1) year of continuous service;

(b) the employee gives notice, in writing, to his Supervisor of his request for a leave-of­absence, at least fifteen (15) days prior to the proposed commencement of the leave-of-absence (except in the case of emergency);

(c) the proposed leave of absence can be arranged without undue inconvenience to normal operations in the judgement of the Employer; and

(d) not more than one (1) member shall be on a leave-of- absence at the same time.

(e) a leave-of-absence will not be granted more than once every three (3) years, per individual.

22.02 Applicants must indicate, on forms provided by the Employer, the reason(s) for their leave of absence and the date of departure and return when giving their request for a leave-of-absence.

ARTICLE 23- LEAVES OF ABSENCE FOR UNION BUSINESS

23.01 (a) An employee who has completed his probationary period and who has been elected or appointed by the Union to attend Union Conventions, Conferences, or any labour activity, will be granted a leave of absence not to exceed two (2) weeks for this purpose. Such leave will be without pay and without loss of seniority. The number of employees granted such leave will not exceed one (1). The Union may request that the number of employees requesting such leave be two (2) and, where it does not create a hardship for the Employer, permission will not be unreasonably withheld. The appropriate representative of the International Union or the Local Union President will inform the Employer, in writing, of the names of such employees at least three (3) weeks in advance of the commencement of such leave.

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(b) The number of leaves granted to an employee, under the provisions of 23.01 (a) is limited to not more than two (2) per calendar year.

ARTICLE 24 ~HEALTH AND SAFETY

24.01 The Employer and the Union recognize the benefits to be derived from a safe and healthy place of employment. It is agreed that the Employer, the employees and the Union will cooperate fully to promote safe work practices, health conditions and the enforcement of safety rules and procedures.

24.02 The Union will appoint two (2) Health and Safety Representatives from within the bargaining unit to the Joint Health and Safety Committee of the employer at the shopping centre and such committee will hold meetings and conduct their business in accordance with legislated requirements.

ARTICLE 25 -JURY DUTY

25.01 An employee who has completed his probationary period who is required and reports for jury duty or who is subpoenaed as and reports as a Crown Witness, and has notified the Employer promptly and in advance shall, for any necessarily lost time from his regularly scheduled work as a result thereof, be paid the difference between his regular rate of pay and the payment he receives for jury service to a maximum of fifteen (15) days per year.

The employee will present proof of the amount received for jury duty or as a Crown Witness. Allowance for meal and travel expenses shall not be taken into account when calculating such difference in pay, nor will any compensation received for jury duty on a day that the employee was not otherwise scheduled to be at work.

ARTICLE 26 - MATERNITY LEAVE/PARENTAL LEAVE

26.01 An employee will be entitled to maternity andjor parental leaves in accordance with the provisions of the Ontario Employment Standards Act, R.S.O. 1990, e.14 as amended.

ARTICLE 27- BENEFIT PROGRAM

27.01 All full-time employees, covered by this Agreement who have completed their

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probationary period, will be enrolled in a Health Benefits Programme.

Premium costs for all coverage as noted in the attached summary (Appendix B) will be paid by the Employer.

Coverage ceases immediately upon termination of employment or after layoff in excess of thirty (30) days. An Employee who has been terminated and subsequently reinstated through Arbitration is not eligible for Weekly Indemnity or Long Term Disability coverage, where applicable, until their first actual date back at work after reinstatement.

The attached summary is a brief overview of the program. It does not constitute the group policies and is provided for information only. If there is any question of interpretation, all rights with respect to an insured person will be governed solely by the group insurance policies issued to Compass Canada Support Services Ltd by the respective insurance carriers.

ARTICLE 28 - WAGES

28.01 The Employer and the Union agree that the scale of wages are as set out in Appendix "A" attached.

ARTICLE 29- GENERAL

29.01 The Employer will not hire any part-time employee(s) in order to permanently fill a full­time employee vacancy.

29.02 Employees returning to work after an absence of three (3) days or more due to illness or injury, must contact the Manager, not less than twenty-four (24) hours prior to his return to work and provide a note from a duly qualified medical practitioner, confirming ability to perform duties and noting any temporary restrictions, if any.

Failure on the part of the employee to provide at least twenty-four (24) hours notice will result in him not being scheduled and he shall not be entitled to pay for time lost if work is not available.

29.03 The Union agrees that, where notification by the Employer to the Union or its designate is required, the Employer may satisfy this requirement by faxing such notice to the Union Office.

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29.04 Reporting To Work

An employee prevented from reporting for work by reason of sickness or other sufficient cause shall notify the Employer as soon as possible.

Notification by employees of their inability to report for a shift must be made to the shift supervisor or "in charge" designate. Such notification will be made by the employee who will be absent.

Continuation of inability to report for subsequent shifts shall require notice prior to each scheduled shift.

An employee failing, without a reason acceptable to the Employer, to comply with the foregoing provision shall be subject to discipline.

The cost of Medical Certificates requested by the Employer shall be paid by the Employer.

ARTICLE 30 - EMPLOYEE RECORDS

30.01 The Employer will remove a letter of reprimand from the employee's personnel file, upon request by the employee, provided that:

(a) The Employee has not received any discipline for a period of 24 months;

(b) The misconduct did not involve a potential Health & Safety issue, a potential Human Rights issue, a potential criminal matter or an issue constituting breach of trust.

ARTICLE 31~ JOB CLASSIFICATIONS

31.01 It is agreed that there will be Job Classifications within the Bargaining Unit as specified in Schedule "A" attached hereto.

ARTICLE 32 - TRAINING

32.01 The Employer agrees to provide training during working hours, at no loss of pay, for employees operating new machinery or given a new work assignment.

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ARTICLE 33- COPIES OF AGREEMENT

33.01 The Employer agrees to provide a copy of the Agreement to all present employees and all new employees, within the bargaining unit.

ARTICLE 34- DURATION AND TERMINATION

34.01 This Agreement shall remain in full force and effect until December 31, 2017, and shall continue in full force from year to year thereafter, unless thereafter not more than ninety (90) days and not less than thirty (30) days before the date of its termination, either party furnishes the other with notices of termination or of proposed revision of this

Agreement.

IN WITNESS THEREOF THE PARTIES

VA- /)/1 (} Signed at Toronto this {J!£:_day of~ , 2017.

Carillion Canada S.E.J.U. LOCAL 2, BGPWU

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Appendix "A"

Wage Schedule

Classification January 1, 2015 January 1, 2016 January 1, 2017

Food Court Employees 14.65 15.00 15.35

Cleaners 14.65 15.00 15.35

Specialty Cleaner 14.90 15.25 15.60

Red Circled Employees: Employees whose rate of pay is higher than the rate on the above grid will maintain their current rate of pay during the term of this agreement and will receive a lump sum payment equal to thirty (30) cents times the total number of hours they worked during the pay period. In the 2nd and 3 rd

year, the lump sum payments will be thirty five (35) cents times the total number of hours they worked during the payperiod.

Premiums:

Afternoon Shift Not applicable effective February 1, 2015. Exception: Current employees in the afternoon shift shall be red circled and will maintain the $0.25/ hour shift premium.

Midnight Shift $0.30/ hour shift premium where the majority of the hours worked fall between midnight and 7:00a.m. Effective January 1, 2016 the night shift premium will increase to thirty five (35) cents

Lead Hand An employee will receive fifty ($0.50)cents per hour Lead Hand premium for the hours such employee is assigned to exercise the duties of the Lead Hand.

Exception: Current Lead Hands will be red circled and will maintain their existing rate for the term of this collective agreement.

Snow Removal: The Employer will pay a time premium to any employee involved in snow shovelling, salting, and snow removal in an amount representing twenty-five percent (25%) above the employee's regular time worked. For example, an employee working on snow removal for eight (8) hours shall be paid the hourly rate as established in the Union Contract plus an additional two (2) hours as a time premium.

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Appendix "B" Benefit Summary

Division: Division 913-002 Scarborough Town Centre

Benefit Group: SCARS

Eligibility Hours 25 hrs/week First of the month after 3 months of continuous employment

Drug Cards Yes

Travel Cards Yes- $1,000,000 per Insured individual per Trip (60 days max)

Cost Share Life Insurance 100% Company Paid Health & Dental100% ER Paid

1. BASIC LIFE AND ACCIDENTAL DEATH & DISMEMBERMENT

• Benefit Formula • $25,000 • 50% of amount insured at aqe 65

• AD&D • No

• Termination • Age 70 or earlier retirement

2. OPTIONAL LIFE

• Benefit Formula • Units of $10,000

• Maximum • $300,000 (Combined with Basic Life must not exceed $325,000)

• Termination • Age 70 or earlier retirement

EXTENDED HEALTH BENEFIT

1. DRUG BENEFIT a) Plan Type Prescription Drugs b) Co-Payment 20% c) Annual Deductible N/A d) Annual Maximums Unlimited e) Benefit Maximum Age 70 or early retirement

f) Dependent Age 21 g) Student Age 25

2. MAJOR MEDICAL BENEFIT

a) Annual Deductible Applicable N/a b) Co-payment 20% c) Schedule of Benefits

Acupuncturist 1 D Yes 10 No $300

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Psychologist 0 Yes 0 No $300 Chiropractor 0 Yes 0 No $300 Naturopath 0 Yes 0 No $300 Podiatrist or Chiropodist 0 Yes 0 No $300 Speech Therapist 0 Yes 0 No $300 Ph~siothera~~ 0 Yes 0 No $300 Osteopaths 0 Yes 0 No $300 Massage Therapy 0 Yes 0 No $300 Ophthalmologist/optometrist 0 Yes 0 No

Private Duty Nursing 0 Yes 0 No $3,000 Hearing Aids 0 Yes 0No $300 every 60 months Orthotics 0 Yes 0 No $400 every 36 consecutive months -

referral required Orthopedic shoes DYes D No $500 per benefit period - referral required Orthopedic Modifications DYes 0 No Eye Exams 0 Yes D No $50 per person oer 24 months

d) Overall Lifetime Health Maximum (includes Drugs, HosQital and Vision)_ e) Benefit Maximum Age (Termination) 70 or earlier retirement _!)Dependent Age 21 g) Student Age 25

3. VISION BENEFIT

a) Glasses Maximum $75 per person per 24 consecutive months for adults $75 per person. per 12 consecutive months for children under age 18

b) Contact Lenses Coverage *includes Included in glasses maximum Fames, Sunglasses and Safety Glasses c) Laser Surgery Benefit Included in glasses maximum d) Vision co payment 20% e) Benefit Maximum Age 70 or earlier retirement f) Dependent Age 21 g) Student Age 25

4. DENTAL BENEFIT

a) Annual Dental Single Deductible Nil b) Annual Dental Family Deductible Nil c)Recall Frequency: 6 months Yes d) Fee Guide Year Lagging fee guide of one year e) Fee Guide Based on province of employee Yes residence f) Level 1: Basic I Restorative Coinsurance 80% percentage g) Level 2: Endo I Perio; Coinsurance percentage 80%

h) Annual Maximum; Level1 & 2 Combined $1,000 i)Benefit Maximum Age 70 or earlier retirement j) Dependent Age 21

kl) Student Age 25

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Appendix "81" This Plan is available only to those emoloyees who were hired orior to June 2009

HEALTH BENEFITS PROGRAM

Note: No matter involving employee health benefits, provided by the Employer through an independent insurance carrier, shall be grievable where notice requirements or time frames (specified in insurance contracts) relative to submitting medical evidence are not met due to the employee's failure to provide medical evidence acceptable to the Employer's insurance carrier(s) unless grounds for such failure are beyond the employee's control and are supported by evidence acceptable to the Employer and/ or the insurance carrier.

Eligibility Permanenttull-time union members (minimum of 25 hours per week)

90 days of continuous service required

Dependents: Legal Spouse, or Common Law Spouse of one year Dependent unmarried children under 21 years (students 25) Employee and dependents must be covered by provincial health care plan to be eligible for coverage under Hospital and Medical Plans.

Hospital Plan Private Room: $5.00 per day Semi-Private: 100% Convalescent Hospital: 80% semi-private room; ; limit 120 days; ceases at age 65 Chronic Care Hospital: 80% semi-private room; ceases at age 65

Medical Plan: Prescription Drugs: 80% reimbursement; Durable medical equipment & supplies; includes oral contraceptives, IUD's, diaphragms, injections and inoculation materials when prescribed by licensed physician. Vision Care: 80% reimbursement; maximum payment $200.00 every two (2) years; includes prescription eye glasses, frames, contact lenses, sunglasses and safety glasses Foot Care: 80% reimbursement; annual maximum of $400.00 per person; includes orthopaedic shoes, arch supports, braces, moulds and orthotic devices Home Nursing: 80% reimbursement; $75,000.00 lifetime limit; must be R.N. who is not a family member or a person who normally lives in the patienfs home Health Practitioners: 50% reimbursement; annual limit of $400.00 per person for any of the following practitioners when treatment is prescribed by a licensed physician; Chiropractor, osteopath, naturopath, podiatrist, chiropodist, Christian Science Practitioner, physiotherapist; speech therapist or masseur when treatment is

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prescribed by doctor; Ophthalmologist or optometrist when not covered by provincial plan; maximum $62.50 per visit Psychologists: 50% reimbursement; must be licensed psychologist; annual limit of $1,000.00 per person when treatment is prescribed by a licensed physician Out-of-Country: emergency treatment; 100% reimbursement; elective or referral -$75.00 per day (60 days maximum); $100,000.00 lifetime limit per person

Note: Plan does not pay for expenses covered in whole or in part by a provincial plan.

Dental Plan Annual deductible of $25.00 single, $50.00 family 80% Routine Dental Treatment 50% Major Restorative Treatment 50% Orthodontics (children under 20 only) Current O.D.A. Schedule Limits: $2,000.00 per annum - routine and major work combined $1500.00 lifetime for orthodontics

Sick Days Employees hired after April 5, 2012 shall have a one (1) year waiting period prior to becoming eligible for sick days,

The employee sick leave bank shall be frozen as of December 31, 2005. Sick days accrued after January 1, 2006, which have not been used by December 31 of each year shall be cashed out at 100% of the employee's rate for each unused accrued day within the first two (2) weeks of January Eligible employees shall receive 3 days credit as of January 1st each year and 1 day per month as of April 1st each year for a total of 12 days per year. Credits shall be prorated for employees who begin coverage mid year.

The Employer may recover any sick days paid in advance of the employee having earned the sick days credits.

In the event of incidental or long term illness, the effected employee will use their sick days accrued in the current year prior to accessing their frozen sick day bank. Accumulated sick days are not payable in the event of discharge, lay-off or resignation.

Weekly

When an employee is absent due to sickness or accident not covered by Workers' Compensation, he may claim accumulated sick leave up to but not including the third Sunday following the first day of absence. He must then claim U.I.C. benefits. Accumulated sick days can be used to top up U.I.C. or Weekly Indemnity Benefits to an amount equal to the employee's regular basic pay.

Indemnity The Weekly Indemnity Plan pays 66.67% of basic weekly earnings with a maximum weekly benefit of $920.00; the maximum benefit period is 26 weeks. This ceases at

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Long Term Disability

Basic Life

age 65. For accident (non-occupational), payment begins on the later of: immediately; expiration of paid sick leave (to 3rd Sunday) expiration of U.I.C. benefits For non-occupational illness, payment begins following the later of: 7 day waiting period expiration of paid sick leave (to 3rd Sunday) expiration of U.I.C. benefits

Provides disability income of 60% of basic earnings. Payments commence after Weekly Indemnity expires. This coverage ceases at age 65. Pre-existing condition clause applies.

Insurance $40,000.00 Amount reduces by 20% each year starting at age 65, to a minimum of $10,000.00 (if still employed).

These Benefit Summaries are prepared as information only and do not, in themselves, constitute a contract. The exact terms and conditions of your group benefits plan are described in the Policy/Plan Documents held by Compass Group. In the event of a discrepancy between this Benefit Summary and the Policy/Plan Documents, the terms of the Policy/Plan Documents will prevail.

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Appendix "C"

Letter of Understanding

BETW E EN:

Carillion Canada at Scarborough Town Centre (hereinafter called .. The Employer")

-and -

S.E.I.U. Local 2, Brewery, General & Professional Workers' Union (hereinafter called "The Union")

(a) Should the Employer elect to contract the cleaning of Scarborough Town Centre to a third party contractor, the Employer will require that the contract firm be obligated to satisfy their staffing requirements for the shopping centre by extending offers of employment to the existing staff, who are immediately able and available for work, before hiring any staff from other outside sources. In so doing, the contractor will be required to maintain existing hourly wage rates for employees who are hired from Compass Canada Support Services Ltd. The Employer will also require the contractor to provide the contractor's usual benefit package with a waiver of any waiting periods. The requirements with regard to wage rates and benefit coverage do not extend to any contract staff not previously employed by Compass Canada Support Services Ltd.

(b) The Employer agrees that the regular bi-weekly hours of work shall continue to be eighty (80) hours except in the event of fire, flood, Act of God or any other unforeseen circumstances

beyond the ~ntrol o~r.

DATED this rfti5 day of ~ , 2017.

S.E.I.U. Local 2, Brewery, General & Professional Workers Union

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~

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lETTER OF UNDERSTANDING

Between: Carillion Canada

at Scarborough Town Centre (Employer)

And

SEIU Local 2 (The Union)

Re: Scheduling of Hours of Work

The employer commits to offering the hours of work that are available, to Full Time Employees, to a maximum of eight (8) hours per day or 40 hours per week. prior to scheduling such hours To Part Time or non bargaining unit employees.

It is understood that in situations where Jess than four (4) hours notice is provided to the Employer and in cases of emergency. the employer will be able to schedule the hours available

to the most readily available employee/s.

DATED this J2& ~ay of ~ , 2017.

Carillion Canada

atS~ S.E.I.U. Local 2, Brewery, General

& Professional Workers Union

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