COLLECTIVE AGREEMENT BETWEEN MciNTOSH LIMOUSINE MciNTOSH LIMOUSINE SERVICE LTD., AIR CAB LIMOUSINE SERVICES

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Text of COLLECTIVE AGREEMENT BETWEEN MciNTOSH LIMOUSINE MciNTOSH LIMOUSINE SERVICE LTD., AIR CAB LIMOUSINE...

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    BETWEEN

    COLLECTIVE AGREEMENT

    MciNTOSH LIMOUSINE SERVICE LTD., AIR CAB LIMOUSINE SERVICES (1985) LTD.,

    AAROPORT LIMOUSINE SERVICES LTD.

    (hereinafter referred to as the "Company")

    -and-

    NATIONAL AUTOMOBILE, AEROSPACE, TRANSPORTATION AND GENERAL WORKERS UNION OF CANADA (CAW-CANADA) AND ITS LOCAL 252

    (hereinafter referred to as the."Union")

    Effective from: June 11, 2012- June 10, 2014

    ipma Note Per Article 4.4.1 Fees to be determined pending arbitration panel. Final version of collective agreement will be finalized after arbitration award has been handed down

  • 1. DEFINITIONS ......................................................................................................... Page 1

    2. PURPOSE ................................................................................................................. Page 1

    3. UNION RECOGNITION ........................................................................................ Page 1

    4. RESERVATION OF MANAGE:MENT RIGHTS ................................................ Page 2

    5. UNION SECURITY ................................................................................................ Page 3

    6. LESSEE DRIVERS ................................................................................................. Page 4

    7. DISCIPLINE ............................................................................................................ Page 5

    8. UNION REPRESENTATION ................................................................................ Page 5

    9. GRIEVANCE PROCEDURE' ............................................................................... Page 6

    10. DISCHARGE GRIEVANCES ............................................................................... Page 7

    11. ARBITRATION ....................................................................................................... Page 7

    12. NON-DISCRIMINATION ...................................................................................... Page 7

    13. DISPATCH SERVICE ............................................................................................ Page 8

    14. UNION ACCESS ..................................................................................................... Page 8

    15. VEHICLE PURCHASE AND INSURANCE ....................................................... Page 8

    16. LEAVE OF ABSENCE ........... : ............................................................................... Page 9

    · 17. LABOUR DISPUTES ............................................................................................ Page 10

    18. HEALTH AND SAFETY COMMITTEE ........................................................... Page 10

    19. SUBSTANCE ABUSE AND EDUCATION FUND ............................................ Page 10

    20. DURATION ........................................................................ , ................................... Page 10

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    ARTICLE 1 -DEFINITIONS

    1.1 Definitions in this Agreement:

    Employee Shall mean dependent contractor that includes drivers, lessee-drivers and broker drivers.

    Active Driver Shall include any driver who has been approved by the Company and who pays Union dues.

    Permit

    Days

    Shall mean the Ministry of Transportation and/or the Greater Toronto Airport Authority authorization for the . operation of limousine vehicles at Lester B. Pearson International Airport.

    Shall mean week days, except for week days that are statutory holidays, except where otherwise designated.

    1.2 When the masculine or feminine form is used in the Agreement, it shall also include the feminine or masculine form, respectively.

    ARTICLE 2- PURPOSE

    2.1 The parties are agreed that the purpose of the Agreement is to provide orderly collective bargaining relations between the Company and the Union and the employees of the Company, to secure prompt and equitable disposition of grievances and· to eliminate interruptions of work and interference with the proper operation of the Company's business, and to set out the agreements reached between the parties with respect to the matters hereinafter set out as conditions of employment for employees covered by this Agreement.

    2.2 The parties agree to abide by the terms of this Agreement and to interpret, apply and administer this Agreement reasonably and in a spirit of good faith and cooperation.

    ARTICLE 3- UNION RECOGNITION

    3.1 The Company hereby recognizes the Union as the sole and exclusive bargaining agent with respect to all matters arising under this Agreement for all employees of Aaroport Limousine Service Ltd., Air Cab Limousine Services (1985) Ltd., and Mcintosh Limousine Service Ltd. in its limousine services operating in and out of the City of Toronto and the Regional Municipalities of Y ark and Peel, save and except supervisors, persons above the rank of supervisor, inspectors, dispatchers, multi-plate/multi-car owners or lessees, office and clerical employees.

    3.2 Employees of the Company excluded in Article 3.1 shall not normally perform any work which is normally performed by employees within the bargaining unit. The only exception is for the supervisor, Amrik Grewal, who has performed bargaining unit work and shall continue to be entitled to perform bargaining unit work.

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    ARTICLE 4- RESERVATION OF MANAGEMENT RIGHTS

    4.1 Except where specifically abridged by the specific terms of this Collective Agreement, the management of the Company's operations and the selection and direction of employees shall continue to be vested exclusively with the Company. Without limiting the generality of the foregoing, the Union acknowledges that it is the exclusive right, power and function of the Company to:

    (a) maintain order, discipline, profitability, efficiency, productivity, quality and customer service objectives, and in connection therewith to make, alter and enforce· from time to time reasonable rules and regulations, policies and practices to be observed by its employees, and to discipline or discharge employees for just cause;

    (b) establish and administer tests for the purpose of assisting the Company to determine a new employee's qualifications;

    (c) select, hire, train, promote, demote, classify and select employees for positions excluded from the bargaining unit; and

    (d) determine the equipment, including vehicles, to be used in the Company's business, and determine whether to use new or improved methods and equipment, to introduce, change or discontinue operations or customer services and to determine employee dress codes.

    4.2 Newly hired employees to bargaining unit positions shall serve a probationary period of six (6) months. The probationary period may be shorter than six (6) months and will come to an end if the employee purchases a vehicle with the Company's approval. During the probationary period an employee shall be considered as being employed on a trial basis and may be dismissed at the sole discretion of the Company. Any termination occurring during the probationary period shall be deemed to be just cause for termination or release without notice and shall not be the subject of a grievance and/or arbitration, provided that the reason for the dismissal does not violate Article 12.

    4.3 Fees and back fees which are alleged to be owing as a result of the labour dispute will be determined by the members of the Board of Arbitration (i.e. McLean Panel) in a separate proceeding and the Company and the Union agree that the McLean Panel has jurisdiction over such issues. Fees remain frozen pending this determination.

    4.4 Subject to 4.4.1 below, the Company shall continue to collect monthly fees from all employees. These fees, for the duration of this Collective Agreement, will consist of the following:

    (a) Office and Dispatch Fees: $1,551.65 plus all applicable taxes;

    (b) Permit Fee- Full Month: $2,600.00 plus all applicable taxes.

  • ..

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    4.4.1 [Fees to be determined by McLean Panel as per Article 4.3 above, including fees for office and dispatch, permit, Mississauga permit, airport permit, insurance, provincial sticker, radio, GPS and anti-scooping. Following a decision on these issues from the McLean Panel, the language for Articles 4.3 and 4.4 will be revised as appropriate for the final version of the Collective Agreement.]

    4.5 The Company shall, when collecting the above service and dispatch fees, also collect Union dues (as defined in Article 5. 3) on behalf of the Union in accordance with Article 5. 3 of this Agreement.

    4.6 Consistent with Article 4.1(a), the Union acknowledges that the Company has the right to make, alter and enforce from time to time reasonable Rules and Regulations, policies and practices. Accordingly, the Union acknowledges that the Company shall continue to issue and enforce Rules and Regulations which must be adhered to. An official copy of the Rules and Regulations will be issued to each employee, as will any revisions which may be made by the Company from time to time. The Union hereby specifically acknowledges that the Company has and maintains the right to change Rules and Regulations from time to time during the life of this Agreement in its sole discretion. The Company will advise employees and the Union of any proposed rule changes and will give no less than thirty (30) days' advance notice of any such rule cha