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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")

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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

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 change. (The thirty (30) day notice requirement will not apply if the GTAA demands or imposes a rule change.) The Union specifically acknowledges and agrees that it is the responsibility of each employee to comply with all Company Rules and Regulations. The Union shall have the right to file a grievance in connection with any Rules and Regulations that the Union considers.to be unreasonable.

4.7 Government Regulations: It is not the intent of either party to this Agreement to violate the law or any ruling or regulation of any governmental authority or agency, the Greater Toronto Airport Authority and/or the City of Mississauga, and the parties agree that each section of this Agreement is severable from the rest, such that in the event that any section of this Agreement is held to be unlawful or void by any tribunal having jurisdiction, the remainder of this Agreement shall remain in full force and effect.

ARTICLE 5- UNION SECURITY

5.1 The Company agrees that, for as long as this Agreement remains in force, it is a condition of employment for all present employees to be members of the Union, and for new employees to make applications for membership at the time of hiring and to become and remain a member of the Union in .good standing.

5.2 When a new employee signs an application for membership card at the time of hiring, the application card only shall be forwarded to the Union by the Company within seven (7) calendar days. The Company shall have the membership card (as supplied by the Union) signed at the time of hiring.

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5.3 The Company shall collect, on the Union's behalf, Union dues, initiation fees and assessments levied by the Union, in accordance with the Union constitution and by-laws (hereinafter referred to as "Union dues") from all employees covered by this Agreement. The Union dues will be added to the monthly invoices issued to each car. The aggregate amount of dues shall be forwarded to the Financial Secretary of Local 252 of the Union within fifteen (15) days from the first day of each month, accompanied by a list of the names from whom collections were made, and a list of those members who do not have Union dues collected and the reason why no dues were collected. The parties agree that spare drivers shall be obligated to come to the office once per month and pay to the Company Union dues which will then be remitted to the Union in accordance with the language immediately above.

5.4 The Company will rely upon a certificate signed by the President or Financial Secretary of the Union as to the amount and propriety of dues and initiation fees from time to time. The Company shall provide to each employee a statement of the annual dues which have been collected.

5.5 The Union agrees to indemnify and hold harmless the Company against any and all liability that may arise by reason of the collection of Union dues and initiation fees by the Company from employees, as provided herein.

5.6 The Company shall provide the National Union and the LocaJ. Union with an updated mailing list of drivers, including phone numbers, every six (6) months. The Company shall identify for the Union which of the drivers are spare drivers.

ARTICLE 6- LESSEE DRIVERS

6.1 Any employee shall have the right to recommend any person for employment with the Company as a driver. The Company retains the sole discretion to approve or not approve any such person for employment with the Company, such approval shall not be unreasonably withheld. Thy Company retains the right to administer a test before the Company determines whether it will sign any approval forms required by the Mississauga PV A and/or the Greater Toronto Airport Authority. In addition, the Union acknowledges that the Company continues to have the right to require any such persons recommended for employment with the Company to sign an application form required by the Company and which does confirm that the employee is aware that he or she is under a six month probationary period, during which time the employee's driving privileges may be withdrawn in the sole discretion of the Company. The Union acknowledges that the Company continues to have these rights. Provided that the person recommended passes the Company's tests, and also any tests or approvals required by the City of Mississauga, the Greater Toronto Airport Authority and/or Transport Canada, then that person will become an employee of the Company, subject to the six month probationary period, on the terms indicated above.

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6.2 Each lessee/driver, whether or not in partnership with another lessee/driver, shall be treated as an individual and shall not be held liable in any manner whatsoever for the indebtedness of another lessee/driver to the Company, unless there is a written agreement to the contrary between those lessee/drivers and the Company. This provision does not limit the Company's rights, in contract or otherwise as a creditor, in respect of the limousine vehicle, i.e., the share owned by the individual lessee/driver.

6.3 The Union and the Company acknowledge that there are some members of the bargaining unit who are parties to Service Agreements with the Company. The parties acknowledge that there are certain provisions in the Service Agreements relating to transfer or assignment of the Service Agreement and the parties further agree that such terms or contractual provisions are enforceable in the civil courts and the Service Agreements are not incorporated into and do not form part of this Collective Agreement.

ARTICLE 7- DISCIPLINE

7.1 The value of progressive discipline, the purpose of which is corrective, is recognized by both parties. To achieve this purpose, the parties agree that any action taken by the Company, which is intended to form part of any employee's record, shall be documented by the Company. A copy of all disciplinary notices issued to employees must be provided to the employee and to the Union.

7.2 When taking disciplinary action against an employee, the Company may only consider disciplinary notices in the said employee's employment record. Any disciplinary notices shall be removed from an employee's employment record after a period of 24 months has elapsed from the date of the employment offen~e giving rise to the disciplinary notice.

ARTICLE 8- UNION REPRESENTATION

8.1 The Union shall have the right to appoint or otherwise select up to five (5) employees to act as the Union Committee, including the Chairperson (i.e. five (5) total), for the purpose of representing employees in the handling of the complaints and grievances. The Union Committee shall also participate in collective bargaining negotiations. A National Representative of the Union and/or President of the Local Union shall be present at all meetings held between the Company and the Union Committee.

8.2 The Union shall notify the Company of the names of the employees acting as Committeepersons, and any changes. The Company shall recognize and deal with the Committeepersons upon proper notification from the Union.

8.3 Despite Article 8.1, the parties agree that only one (1) Committeeperson, in addition to the Unit Chairperson, shall deal with a grievance at any time.

8.4 Committeepersons shall not conduct Union business while in the presence of customers or the travelling public.

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8.5 The Union may request that the GTAA allow it to have access to a notice board at the compound office at Pearson International Airport which would be available to the Union for the posting of messages and communications directly related to Union business.

ARTICLE 9- GRIEVANCE PROCEDURE

9.1 Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, the matter may be taken up through the Grievance Procedure and determined, if necessary, by-arbitration.

9.2 There shall be an earnest effort on the part of both parties to settle such grievances promptly through the following steps.

Step 1:

Step 2:

Step 3:

If an employee has a complaint which has not been adjusted to the employee's satisfaction, it may be taken up as a grievance within fourteen (14) calendar days of the circumstances giving rise to the grievance becoming known to the employee. A grievance shall be submitted in writing to the Company's office. The Company shall reply in writing within fourteen (14) calendar days.

Failing settlement of the grievance at Step 1, a meeting shall be arranged between the grievor and the representative of the Company within fourteen (14) calendar days from the date of the Step 1 answer. The grievor shall be accompanied by a Chairperson and, if deemed necessary by the Union, he shall also be accompanied by a National Representative and/or the Local President of the Union.

Should the parties fail t6 reach a satisfactory settlement in the preceding steps, a meeting shall be arranged between the Union and the Company within fourteen (14) calendar days from the date of the Step 2 answer. The National Representative and/or the Local President shall be present at all Step 3 meetings. The Company shall provide an answer to the Union within fourteen (14) days from the date of the Step 3 meeting.

9.3 Failing settlement under the above of any differences concerning the interpretation, administration, application or alleged violation of this Agreement, the grieving party may refer the grievance to a single Arbitrator within fourteen (14) calendar days from the date of the Step 3 answer.

9.4 A Union policy grievance or Company grievance may be submitted to the Company or the Union, as the case may be, in writing, within fourteen (14) calendar days from the time the circumstances upon which the grievance is based were known, or should have been known, to the grievor.

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The meeting between the Company and the Union shall be held at Step 3 of the Grievance Procedure. The Company or the Union agrees to reply to the grievance in writing within fourteen (14) calendar days after the said meeting.

Failing settlement under the above, the grieving party may refer the grievance to a ·single arbitrator within fourteen (14) calendar days from the date of the Step 3 answer.

ARTICLE 10- DISCHARGE GRIEVANCES

10.1 A claim by an employee that he has been unjustly discharged from his employment shall be treated as a grievance, if a written statement of such grievance is lodged with the Company at Step 2 within seven (7) calendar days after the employee ceases to work for the Company. All preliminary steps of the Grievance Procedure prior to Step 2 will be omitted in such cases.

ARTICLE 11- ARBITRATION

11.1 When either party requests that a grievance be submitted to arbitration, it shall make such request in writing addressed to the other party to this Agreement, stating the matter to be arbitrated and, at the same time, shall submit a list of names of persons to act as sole arbitrator. Within seven (7) calendar days thereafter, the other party shall accept one of the suggested names, or submit its own list. If the parties are unable to agree on an arbitrator within a period of a further seven (7) calendar days, they will then request the Office of Arbitration, Ministry of Labour, to appoint an arbitrator.

11.2 Ea:ch of the parties hereto will jointly bear the expenses of the sole arbitrator.

11.3 The parties agree that the steps, time limits and conditions specified in Articles 9, 10 and 11 shall be binding upon the parties, unless an extension of such time limits has been mutually agreed to in writing. Notwithstanding the provisions of the Labour Relations Act, 1995, the parties agree that these time limits are mandatory and therefore should not be extended by an arbitrator or arbitration board in arbitration.

11.4 The decision of the sole arbitrator or arbitration board shall be final and binding. Nevertheless, the parties agree that the arbitrator or arbitration board shall not be authorized to make any decision which is inconsistent with the provisions of this Agreement, nor shall he/she be entitled to alter, add to, modify or amend any part of this Agreement.

ARTICLE 12- NON-DISCRIMINATION

12.1 The Company and the Union shall not discriminate against employees with respect to terms and conditions of employment on any of the prohibited grounds named in the Ontario Human Rights Code, or on the grounds of Union activity.

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12.2 There shall be equal opportunity, regardless of sex, in all facets of the Company's business governed by this Agreement.

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

ARTICLE 13- DISPATCH SERVICE

13.1 The Company agrees that the dispatch system is one of its key functions since employees rely upon business generated by the Company and allocated to the employees through the dispatch system. The Company will exercise its best efforts to ensure equitable and fair allocation of all trip orders. The Union shall have reasonable access to the records of dispatched orders recorded in the Company's computer program.

13.2 Point of Sale Terminals: The Company has the right to install Point of Sale (POS) terminals in all vehicles and to charge drivers $56.36 per month for same. The fees for the POS terminals will be collected from drivers at the same time as the service and dispatch fees.

13.3 Employees are required to use the POS terminals supplied through the Company unless the POS is unavailable. The Company shall process POS receipts on a weekly basis with payment by cheque or direct deposit being provided to the employees.

ARTICLE 14- UNION ACCESS

14.1 The Company is obliged to provide a letter relating to an employee's employment only once every twelve (12) months, the period to be measured from the employee's last request. If more than one request is made within the twelve (12) month period, the employee shall pay to the Company the sum of twenty-five dollars ($25.00) for each additional request.

14.2 Employees shall have access to their personnel file records once per calendar year and, if requested, in the presence of a Union representative. Employees shall, upon request, be provided with copies of any material contained therein, and any inaccurate information must be corrected by the Company.

ARTICLE 15- VEIDCLE PURCHASE AND INSURANCE

15.1 Employees may choose to purchase vehicles through the Company or, at the employee's option, from an outside vendor of their choosing. No vehicle shall operate in the Company fleet which has not been approved by the Company, in terms of make, model and age, which approval shall not be unreasonably withheld. In determining whether to approve a used vehicle, the Company may take into account the age of the vehicle and the age of the other vehicles which operate under its banner.

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15.2 Any employee may choose to be insured under a policy purchased by the Company. Employees shall have the right to purchase their own vehicle insurance policies, either individually or collectively (e.g. IT..,ODA), provided that the policies comply with the conditions of the applicable permit. Employees must provide proof to the Company of adequate insurance ($2 million and $6 million in excess liability, or such other amount required by the GTAA or the Company) ..

15.3 Any driver, whether under the Company's fleet insurance policy or otherwise, must provide to the Company details of any accidents or claims in accordance with any reasonable rules established by the Company.

ARTICLE 16- LEAVE OF ABSENCE

16.1 When an employee desires a leave of absence of up to ninety (90) days, the Company will grant a request for a leave of absence, provided that the employee delivers a written request for a leave of absence no less than two weeks prior to the date the leave of absence is to commence. This notice requirement will be waived in cases of emergency. The Company will not ordinarily grant a leave of absence for more than ninety (90) days and, therefore, it will be the Company's sole discretion to grant or refuse any leave of absence for longer than ninety (90) days. A driver must obtain the approval from the Company before allowing any other driver to drive his vehicle, which approval must not be unreasonably withheld.

16.2 If the expiry date of the GT AA Driver's Identification Card falls within the period of leave of absence, the Company shall advise the Ministry of Transportation that the employee remains an active driver and entitled to the issuance of a new card upon return from the leave.

16.3 Union Leave of Absence: Upon written request from the President/National Representative or Chairperson of the Union Committee, a leave of absence shall be granted:

(a) Once every two (2) years to a maximum of five (5) employees, for a maximum of ten (10) days, for the purpose of attending Union functions, including but not limited to conventions, schools, seminars or other Union functions.

(b) The Union shall give at least seven (7) days' advance notice to the Company prior to the intended leave of absence.

16.4 It is understood and agreed that, when an employee is on vacation, illness, or any other type of leave of absence (including the leaves covered by this Article 16), it is the responsibility of that employee to cover all of the monthly expenses on the vehicle, and said individual remains liable to the Company for all required monthly fees owing to the Company. Despite any employee being on a vacation, illness or any other type of leave of absence (including the leaves covered by this Article 16), it is understood and agreed that the vehicle must continue to operate by GT AA and/or other regulations, and the employee who is on vacation, illness or leave must take all reasonable steps to ensure that the vehicle continues to provide a full level of service.

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ARTICLE 17- LABOUR DISPUTES

17.1 The Union and the Company agree that, during the term of this Agreement, there will be no strike or lockout. The terms "lockout" and "strike" shall be as defined under the Labour Relations Act, 1995, as amended.

ARTICLE 18- HEALTH AND SAFETY COMMITTEE

18.1 There shall be a Health and Safety Committee with two (2) employee members appointed by the Union and two (2) members appointed by the Company. This Committee shall meet as required, but not more often than every two (2) months. After investigating unsafe working conditions, this Committee may make safety recommendations for the Company to consider, and may also make recommendations regarding the formation and enforcement of rules to help provide for a safe workplace for the Company to consider.

18.2 Business Improvement Committee: There shall be a committee with two (2) members appointed by the Union and two (2) members from the Company. This Committee may make recommendations for the Company to consider regarding increasing the amount of orders available to employees and otherwise to improve the business prospects of the Company and the employees. The Committee may investigate new opportunities and may also assist in the creation and enforcement of rules to help maximize business opportunities.

ARTICLE 19- SUBSTANCE ABUSE AND EDUCATION FUND

· 19.1 Education Fund: The Company shall contribute a sum of $1,000.00 per year to the Union Education Fund payable on the anniversary date of the coming into effect of this Collective Agreement.

19.2 Substance Abuse: The Company shall contribute a sum of $1,000.00 per year to the Union, payable on the anniversary date of the coming into effect of this Collective Agreement.

ARTICLE 20- DURATION

20.1 This Agreement shall continue in full force and effect from June 11, 2012 until June 10, 2014. Unles~ either party notifies the other of its desire to amend or terminate the said Agreement, it shall continue in effect from year to year thereafter.

20.2 Notice that either party intends to amend or terminate this Agreement may only be given during a period of not more than ninety (90) days prior to June 10, 2014 or any succeeding anniversary date.

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FOR THE COMPANY

[Date]

[Date]

FOR THE UNION

[Date]

Mr. Baljit Garcha, Unit Chairperson

[Date]

Mr. Baldev Sing~ornrnittee Person

[Date] Mr. LC'~~erson

[Date]

[Date] ' l}tr,~~l(_ .s. 0=(1 Hu , Mr. Amrik Sidhu, Committee Person

[Date]

Mr. Paul Shiels, President Local 252

[Date] \ ~kc;)l------"~ Mr. Sukhvinder Johl, National Rep.