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COLLECTIVE AGREEMENT BETWEEN TYCO INTEGRATED FIRE & SECURITY CANADA, INC. (LONDON BRANCH) AND LOCAL 636 OF THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS (A.F. of L., C.I.O., C.L.C.) Effective: May 15, 2020 to May 14, 2023

COLLECTIVE AGREEMENT BETWEEN TYCO ......1 AGREEMENT Agreement entered into this 15thday of May,2020, between TYCO INTEGRATED FIRE & SECURITY CANADA INC. in London, Ontario, hereinafter

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Page 1: COLLECTIVE AGREEMENT BETWEEN TYCO ......1 AGREEMENT Agreement entered into this 15thday of May,2020, between TYCO INTEGRATED FIRE & SECURITY CANADA INC. in London, Ontario, hereinafter

COLLECTIVE AGREEMENT

BETWEEN

TYCO INTEGRATED FIRE & SECURITY CANADA, INC.(LONDON BRANCH)

AND

LOCAL 636 OF THE INTERNATIONAL BROTHERHOODOF ELECTRICAL WORKERS

(A.F. of L., C.I.O., C.L.C.)

Effective: May 15, 2020 to May 14, 2023

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TABLE OF CONTENTS

MUTUAL INTERESTS ..................................................................................................... 1

ARTICLE 1 – UNION RECOGNITION ........................................................................... 1

ARTICLE 2 –DISCRIMINATION AND ACCOMMODATION ..................................... 2

ARTICLE 3 - MANAGEMENT RIGHTS………………………………………………..2

ARTICLE 4 – WORKING CONDITIONS........................................................................ 2

ARTICLE 5 – STATUTORY HOLIDAYS ....................................................................... 4

ARTICLE 6 – WAGES ...................................................................................................... 6

ARTICLE 7 – WAGES – OVERTIME.............................................................................. 7

ARTICLE 8 – PAID VACATION ..................................................................................... 9

ARTICLE 9 – LEAVE OF ABSENCE ............................................................................ 10

ARTICLE 10 – SENIORITY............................................................................................ 10

ARTICLE 11 – GRIEVANCE AND ARBITRATION PROCEDURE........................... 12

ARTICLE 12 - REPRESENTATIVES............................................................................. 14

ARTICLE 13 – DISCHARGE CASES ............................................................................ 14

ARTICLE 14 - BENEFITS............................................................................................... 15

ARTICLE 15 - UNIFORMS............................................................................................. 15

ARTICLE 16 – SPECIAL PROVISIONS........................................................................ 16

ARTICLE 17 – TRAVELLING EXPENSES................................................................... 17

ARTICLE 18 – SEVERANCE PAY ................................................................................ 18

ARTICLE 19 – STRIKES AND LOCKOUTS ................................................................ 18

ARTICLE 20 – AGREEMENT OF PARTIES AND SEVERABILITY ......................... 19

ARTICLE 21 – HEALTH AND SAFETY....................................................................... 19

ARTICLE 22 – TECHNOLOGICAL CHANGE ............................................................. 19

ARTICLE 23 – MODIFICATION AND TERMINATION............................................. 20

SCHEDULE A.................................................................................................................. 21

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AGREEMENT

Agreement entered into this 15th day of May, 2020, between TYCO INTEGRATED FIRE & SECURITY CANADA INC. in London, Ontario, hereinafter referred to as the Company and LOCAL UNION NO. 636 OF THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS (A.F. of L., C.I.O., C.L.C.), hereinafter referred to as the Union.

MUTUAL INTERESTS

The economic interest of the Employer and the Employees is better served through the expressed co-operation of the Employer and the Union. Close contact and a mutual sympathetic interest between the Employer and the Employees will develop a better working system which will tend to constantly improve distribution, production and service, while improving the relationship between the Employer, the Employees and our customers.

ARTICLE 1 – UNION RECOGNITION

1.01 The Company agrees to recognize the Union as the sole collective bargaining agency for such Employees of the Company at London save and except Supervisors, Managers, persons above the rank of Supervisor, clerical and sales staff.

It is recognized that only those Employees within the electrical protection industry are covered by this agreement.

1.02 No condition of work, wage rate, job classification or security, insurance arrangements or any privilege heretofore in effect will be made less favorable to the Employees through the signing of this Agreement.

1.03 All new Employees shall, upon date of hire by the Company, make application for membership in the Union. All applicants must become members of the Union and shall remain members of the Union as a condition of employment. The Business Representative shall be advised immediately of new Employees hired. If the Union has not received such application for membership at the end of thirty (30) days, the Company shall be notified and the Employee discharged.

1.04 The Company shall deduct a sum equivalent to monthly dues, as prescribed by the Union, from the weekly pay of each Employee, including an Employee’s first pay, to whom this Agreement applies. The amounts so deducted shall be forwarded to the Union no later than the 20th day of the month following the month in respect of which the dues are deducted. The submission shall be accompanied with a report by branch and by alphabetical listing of the names of each Employee on behalf of whom the deductions were made and the amount deducted on behalf of each Employee, and the information upon which deductions were calculated. It is understood that the Company does not undertake to make deductions for non-pay periods, initiation fees or special assessments.

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1.05 The Company agrees to grant all members of the bargaining unit access to their personnel files during regular working hours. Such permission shall be arranged through each Employee’s immediate supervisor at a mutually agreed time.

ARTICLE 2 –DISCRIMINATION and ACCOMMODATION

2.01 Under the provisions of this Agreement, each Employee is entitled to equal treatment with respect to employment without discrimination in accordance with the Ontario Human Rights Code.

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 when the content of the Agreement so indicates.

ARTICLE 3 – MANAGEMENT RIGHTS

3.01 The Company shall remain vested with full exclusive control of the management and operation of the Company and with the direction and supervision of the working forces; including its right to hire, discipline or discharge Employees for just cause, or to transfer Employees temporarily or permanently to new duties, or to relieve Employees from duty because of lack of work or for other legitimate reasons, or to schedule its operations, when in its sole discretion it may deem it advisable to do so, providing that any claim by the Union that these rights are exercised in a discriminatory manner shall be considered a grievance, and shall be dealt with in accordance with the terms of the Agreement. The rights reserved to Management herein are subject to the provisions of this Agreement and should be exercised in a manner consistent with them. The dismissal or discipline of probationary Employees is within the sole discretion of Management and is not subject to the Grievance Procedure.

ARTICLE 4 – WORKING CONDITIONS

4.01 The standard working week shall be forty (40) hours. Normal working hours for Serviceman I Employees shall be from 8:00 am to 4:30 pm Monday to Friday with one-half (½) hour for lunch to be taken between 11:30 am and 1:30 pm. Employees classified as Serviceman II shall be granted one (1) long weekend off per month provided that sufficient manpower permits, and the Company shall make every effort to maintain sufficient manpower for this purpose. A committee shall be established to prepare suitable shift schedules, subject to approval of management.

4.02 It is understood that Employees shall be responsible for clean-up duties following the personal use of the facilities, i.e. kitchen, etc.

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4.03 Unless notified to the contrary forty-eight (48) hours before, an Employee reporting for work shall be guaranteed work at his regular rate of pay for the full shift or if no work is provided, he shall be paid at his regular rate for the full shift.

4.04 With regard to mutual arrangements between Employees for temporarily exchanging days of work, all mutual arrangements must be agreeable to the Manager or Supervisor. All replacements must be the same category and the exchange of days of work must be within an eight (8) week period. It is further understood that said exchange will be worked at normal rates.

4.05 No Employees shall be permanently transferred to any city without the consent of the Union and the Employee concerned. Both the Employee concerned and the Union shall be notified of all transfers, either permanent or temporary.

4.06 Each Employee shall be provided with an eating period of at least one-half (½) hour, or such shorter period as necessitated by emergency conditions, at such intervals that will result in no Employee working longer than five (5) consecutive hours without an eating period.

4.07 The Company agrees to give forty-eight (48) hours notice of a change of shift, excluding promotions or demotions. If forty-eight (48) hours notice is not given, the Company agrees to pay eight (8) hours additional pay for the first shift of each change. Where possible, the Company will give seventy-two (72) hours notice of a change of a Monday or Tuesday shift.

4.08 (a) Under emergency conditions if mutually agreed, Employees may be required to work longer than sixteen (16) consecutive hours.

(b) Employees scheduled to work more than three (3) hours beyond their regular scheduled shift of eight (8) or ten (10) hours as the case may be, shall be afforded 30 minutes of paid eating time and a meal allowance as follows:

September 9, 2020 $16.00

The meal allowance is repeated every five (5) hours thereafter until the overtime is completed, or until article 4.08 (a) applies, whichever comes first.

Employees called in are eligible for meal allowance after working five (5) hours or more (and ½ hour of paid time to eat the meal).

4.09 Requests for the taking of banked time must be presented to management at least seventy-two (72) hours prior to the beginning of the requested leave. Sixteen (16) hours of banked time may be accumulated.

4.10 The regular working hours for Employees working out of town on installation assignments are set out in Article 4.01 or shall consist of four (4) x ten (10) hour fixed shifts subject to operational requirement and as mutually agreed with the Employee(s) involved.

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Overtime worked by Employees referred to in paragraph 4.10 will be received for work performed in excess of ten (10) hours during the same shift.

The statutory holiday provisions of the Collective Agreement apply to such Employees except that Employees who must work on a statutory which is their regular day of work shall be paid ten (10) hours at the normal rate plus time and one-half (1 ½ x) for the first ten (10) hours worked. All hours worked after the first ten (10) hours shall be a double the rate.

4.11 Tyco Unit Commission Installation Compensation Program – Commercial(a) Utilizes a different method of compensation for Employees involved in

installation.(b) The company will guarantee a minimum of forty (40) estimated installation hours

of work per week.(c) An installer will coordinate his own schedule with the Company to coincide with

scheduled installations and completion dates.(d) The installer will be responsible for reliable system installation, excluding delays

incurred because of product defects or late delivery, for the first thirty (30) days after connection to the Customer Monitoring Centre (CMC). Workmanship to be in accordance with the Company standards.

(e) Compensation will be forty (40) hours pay for completion of the forty (40) estimated hours, paid at the applicable installer’s rate of pay. Hours in excess of the guaranteed minimum will be paid on a weekly basis.

(f) Additional estimated hours completed beyond the guaranteed minimum of forty (40) hours per week will be paid on a straight time hourly basis. Payment in full will be based on jobs completed.

(g) During the period of approved training, the installer will be paid at prevailing rates.

(h) Should problems arise concerning the administration of the program, the parties will meet to discuss the problems. The meeting will take place within two weeks of being requested.

(i) In the event of a lay off, the terms of the Collective Agreement will apply.

ARTICLE 5 – STATUTORY HOLIDAYS

5.01 The following holidays shall be paid for at the Employee’s regular rate when not scheduled to work:New Year’s Day Victoria Day Thanksgiving DayFamily Day Canada Day Christmas DayGood Friday Civic Holiday Boxing Day Employee’s Birthday Labour Day *Floater Holiday

* An additional floating holiday will be granted as a Statutory Holiday. While this floater is intended to be taken at a time convenient to both the Company and the Employee the Company reserves the right to schedule said date for business reasons. In the event the

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Federal or Provincial government declares an additional statutory holiday, it is understood that it will replace this floater.

With mutual agreement between the Employee and the Company, a day other than the Employee’s actual birthday may be designated as the Employee’s Birthday for the purposes of Article 5. The day worked shall be paid at regular rates.

5.02 Employees scheduled to work on any of the twelve (12) statutory holidays referred to in Article 5.01 shall be paid eight (8) hours straight time for the holiday, plus time and one-half for the first eight (8) hours worked and double time for all hours worked over eight (8) hours. Employees who work on a statutory holiday and wish to take their holiday at a later date can do so and they will be paid time and one-half for the eight (8) hour shift for the statutory holiday and straight time for the day they take off, if satisfactory to the Company. Employees who are not scheduled to work on a statutory holiday but are called into work under conditions outlined in Article 7.03 shall be paid straight time for the holiday, plus double for the work performed.

5.03 Irrespective of the forgoing Articles 5.01 and 5.02, part-time Employees working a schedule of twenty (20) hours or less per week shall be entitled to statutory Holiday payfor all of the statutory Holidays as per Article 5.01. Formula is as per the Employment Standards Act of Ontario or as amended.

5.04 Employees scheduled to work on a statutory holiday but who do not report for work shall not be paid unless their absence is through sickness or other justifiable cause approved by the Company.

Employees who are on call (page) when a statutory holiday occurs shall remain on call for the normal day shift (8:00 a.m. to 4:30 p.m.) and receive eight (8) hours pay or banked time.

Employees who are on call for a statutory holiday will receive a day off in lieu with pay in addition to the applicable overtime rate. The day off work will be granted at a time mutually agreed upon by the Employee and the supervisor.

5.05 When any statutory holiday falls on a Saturday or Sunday, the Company shall designate either the Friday before or the Monday after as a holiday. This paragraph shall apply only to those Employees who are not scheduled to work on Saturday or Sunday.

5.06 The holiday shall be from 12 midnight to 12 midnight on the day designated by the Company as the holiday.

5.07 If an Employee takes his vacation during a period which includes a designated statutory holiday, he shall receive an extra day’s pay or an extra day’s vacation to be taken at a later date mutually agreed upon by the Company and the union. Such approval shall not be unreasonably withheld.

5.08 In order to be eligible for holiday pay, an employee who is not scheduled to work on the holiday must work the entire shift of the last scheduled shift before the holiday and the

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entire shift of the first scheduled shift after the holiday, unless permission is received from the Company to be absent for all or part of the scheduled shift or evidence satisfactory to the Company is provided when requested.

ARTICLE 6 – WAGES

6.01 Occupational classifications and wage scales are set forth in schedule “A” of this Agreement.

6.02 The wage rates of any new job classification originated by the Company will be negotiated between the Company and the Union Bargaining Committee within two (2) months of being implemented.

6.03 Employees will be paid by direct deposit bi-weekly on Friday. There will be no bank charges incurred by the Employee as a result and the funds will be deposited as directed by the Employee.

6.04 When an Employee is required to serve on jury duty, or subpoenaed as a court witness, the Company agrees to pay the Employee the difference between jury or witness pay and his regular pay.

6.05 All time spent on legal matters pertaining to the Company business on an Employee’s own time, shall be compensated for at time and one-half with a minimum of three (3)hours.

6.06 Whenever necessary, Employees who cannot attend special training classes on “Company time” and who are requested by the Company to attend such programs on their own time after working hours or on their days off, will be paid at their regular hourly rate of pay for all time spent in training, with a guaranteed minimum of two (2) hours’ training. Employees will be paid for time spent travelling to attend training required by the Company at their regular rate of pay.

Where Employees are required to attend Company meetings after work hours or on their days off, they will receive a minimum of two (2) hours pay at their regular rate of pay.

6.07 (a) An Employee shall be paid at his regular rate of pay if scheduled to work during absence not exceeding five (5) consecutive working days, for the purpose of attending the funeral of a member of the Employee’s immediate family, defined for the purpose hereof to include the Employee’s spouse, common-law spouse, same sex partner, child, mother, father, stepdaughter, stepson, stepmother, or stepfather.

(b) Three (3) consecutive working days shall be granted for sister, brother, stepsister, stepbrother, mother-in-law, father-in-law, grandmother, grandfather, grandson and granddaughter.

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(c) One (1) day shall be granted for son-in-law, daughter-in-law, brother-in-law and sister-in-law, aunt, uncle, niece or nephew.

(d) Employee to supply pertinent information for such absence to the Manager and if not available, the Supervisor, prior to scheduled tour of duty.

6.08 The starting rate shall be the rate within each occupational classification as set forth in Schedule “A” of this Agreement and shall be increased after each six (6) months of service, until the Employee reaches the top rate of his classification. In the case of a promotion, the promoted Employee shall receive, at the time of promotion the rate in the classification to which he is promoted consistent with his length of service with the Company. Increases or decreases in an Employee’s rate of pay shall not be made effective while an Employee is absent due to sickness, accident or on a leave of absence.

6.09 Employee temporarily transferred or required to do work bearing higher pay shall, after working one (1) full hour, receive retroactively, the minimum promotional rate for the classification of the Employee replaced. Where an Employee is reassigned to a lower classification for reasons other than unsatisfactory work performance or misconduct, he/she will not have his/her wages reduced for a period of six (6) months, provided that such an Employee continuously works the lower job classification for six (6) months. After this time period, the Employee will receive the rate in the new classification appropriate to his/her seniority.

6.10 Acting Supervisor$1.75 per hour premium shall be paid to an Employee where an Acting Supervisor isrequired.

6.11 Other articles of this agreement notwithstanding, the Company may, at its sole discretion, grant an increase in wages not to exceed the top rate of Serviceman I to any Employee who has a minimum of five (5) years service with the Company.

6.12 Employees whose regular schedule extends beyond the normal working hours (8-4:30) shall receive a shift premium as outlined below for all scheduled hours worked before 8 am or after 4:30pm.

Date of Ratification $1.45

ARTICLE 7 – WAGES – OVERTIME

7.01 All time worked over eight (8) hours in one (1) shift shall be overtime, excluding Employees scheduled to work a ten (10) hour shift.

7.02 Overtime shall be paid on the following basis: Time and one-half for the first four (4) hours of overtime on all regular work days and double time thereafter, until relieved.

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7.03 Employees called into work outside of their regular working hours shall receive double time for such work and shall be guaranteed at least two (2) hours work or pay for same. This paragraph covers the instance where an Employee is called into work on his time off and returns to his home immediately following completion of the work. The Employee shall be paid from the time he leaves his home until he returns.

7.04 Employees called into work prior to their scheduled tour of duty shall be paid at the double time rate for the additional hours worked before their regular shift.

7.05 Double time shall be paid for all work performed at the Company’s request on the Employee’s day off.

7.06 Overtime is to be distributed equally amongst all qualified Employees where possible.

7.07 Employees called on the phone for consultation outside his/her regular working hours, shall be paid one (1) hour at straight time rate for calls received during any calendar day. It is understood that the Employee who makes such call will have prior management approval.

7.08 Stand By Duty

Eligible employees will be assigned on a weekly rotating basis to perform services at all hours outside of normal working hours to ASI standby duty and will be paid as follows: Payment for on-call duty shall be made at the rate of 1.25 times the employee’s hourly rate for each day on call.

The union will provide the Company with an on-call schedule by December 31 for the year following, subject to approval by the Company. If an Employee is unable to perform his standby duty, it will be the Employees responsibility to find an alternative Employee in the Unit to perform the standby duty.

Any Employee working on a standby basis will be provided by the Company those tools with which to allow them to be prepared and respond at any time in a quick and responsible manner and Employees shall be readily available and fit for emergency service during standby duty.

7.09 Paid Rest Time

An on-call Employee, who works four (4) hours of call-out overtime between the hours of 12:00 a.m. and 8:00 a.m., shall be given a four (4) hours rest period prior to the commencement of his/her next regular scheduled tour of duty. If all or part of his/her four (4) hours overlaps the regular shift, he/she shall be paid those hours at regular time. Should an employee not wish to work the full eight (8) hours of his scheduled shift, he must advise the Company at the conclusion of the call-out about the number of hours he will work. All hours not worked will be unpaid, unless the Employee elects to work the beginning of his regularly scheduled shift and take the paid rest period for the four (4) remaining hours of his shift.

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ARTICLE 8 – PAID VACATION

8.01 Employees with less than one (1) years’ service shall receive vacation pay as stipulated in the Ontario Employment Standards Act.

8.02 For those hired after 9/1/2020, employees who have completed the required number of years of service shall receive vacation entitlement as follows

1 year but less than 3 years 10 days3 years but less than 10 years 15 days10 years but less than 20 years 20 days20+ years 25 days

For those hired prior to 9/1/2020, employees who have completed the required number of years of service shall receive vacation entitlement as follows:

1 yr less than 3 yrs – 10 days3 yrs less than 10 yrs – 15 days10 yrs less than 20 yrs – 20 days20 yrs less than 26 yrs – 25 days26 yrs less than 27 yrs – 26 days27 yrs less than 28 yrs – 27 days28 yrs less than 29 yrs – 28 days29 yrs less than 30 yrs – 29 days30 years + – 30 days

8.03 More than two (2) weeks vacation may be taken during the months of June, July or August if agreed upon by the Company and the Union.

8.04 The Company shall assign the starting dates for each period of the vacation interval. They will be scheduled to conform to the business. Vacation list will be posted Feb. 1st and finalized on March 31st of the current year. All vacations shall be calculated on the anniversary date of employment. A completed vacation list will be posted by Management by March 31st of each year.

8.05 Failure of senior regular Employees to specify choice by March 15th and after being approached by the Shop Steward, has twenty-four (24) hours to specify date of vacation or will be dropped to the bottom of the list.

8.06 Relief replacements during vacation periods shall be made on the same basis as promotions would normally be made. It is understood that when replacement for vacation is provided by the selection of regular Employees, it will be rotated between the two (2) junior such Employees on the day shift. When new Employees are hired, they shall fill the lowest job classification. Temporary Employees hired as holiday replacement shall fill only those vacancies which are created due to the holiday period. Regular Employees

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of the Company shall be given priority in choosing the shifts left vacant by Employees on their vacation.

8.07 Employees with the greater bargaining unit seniority shall have preference in the choice of vacation periods.

8.08 Employees voluntarily terminating their employment will be paid, in addition to all other money due to them, pay for unused vacation credit on a basis proportionate to their length of service.

8.09 Christmas holidays shall be rotated between Employees with more than ten (10) years seniority.

8.10 When requested in writing to the Service and Operations Manager at least two (2) weeks in advance, the Company shall instruct payroll to issue vacation pay in advance of the Employee’s vacation.

ARTICLE 9 – LEAVE OF ABSENCE

9.01 The Company agrees to grant leave of absence without pay to an Employee to attend Union meetings and conventions.

9.02 Personal leave of absence of up to one (1) year may be granted to an Employee at the discretion of the Company, without loss of seniority.

9.03 Pregnancy and Parental leaves of absence and additional leaves of absence shall be granted in accordance with the appropriate sections of the Employment Standards Act of Ontario 2000.

9.04 Military leaves of absence shall be granted with no break in seniority.

ARTICLE 10 – SENIORITY

10.01 A new Employee shall be considered a probationary Employee and shall have no seniority for the first 640 hours worked at which time he shall be considered a regular Employee and shall be placed on the seniority list at that time with seniority from the original date of employment in the bargaining unit. The time limit in this section may be extended by mutual agreement of the Company and the Union for a period of no more than three (3) months.

10.02 In respect to filling posted vacancies, seniority and ability shall be the guiding factors in selecting the Employee who is regarded the most suitable. Where the ability is relatively equal between two or more Employees, seniority in London shall be the deciding factor.

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(a) Any position that becomes vacant or created by the Company will be posted at managements discretion for a period of at least ten (10) calendar days on Taleo or such other resources as the Company may use from time to time.

10.03 In all cases of lay off and rehiring, Employees shall be laid off and rehired in order of their bargaining unit seniority and shall retain seniority for a period of two (2) years from the date of lay off. Sickness and accident benefits and group insurance will not apply during lay off. If an Employee withdraws his pension contributions during this period, he shall reenter the pension plan immediately upon reemployment.

10.04 (a) In the case of an Employee transferred to a Supervisory position or an Employee who terminates their employment and is subsequently rehired by the Company, only bargaining unit seniority shall be retained by the Company providing this occurs within twenty-four (24) calendar months, thereafter, the Employee becomes a probationary Employee (new hire).

(b) Company seniority with respect to vacations and benefits shall not be reduced.

10.05 The Company shall provide the Union with an up to date list of seniority standing of all Employees covered by the agreement, showing both bargaining unit seniority and Company date of hire and agrees to bring such lists up to date each six (6) months.

10.06 Definitions

Employees who are not designated as full time shall be classified as part time or temporary, and defined by the following:

(a) Part time: Any Employee whose hours of work comprise a portion of the normal shift schedule but whose total hours worked average less than twenty-four (24) hours per week in any four (4) week period.

(b) Temporary: Any Employee hired to fill a specific short term vacancy prompted by illness, volume of work, accident etc. Work schedule will normally be forty (40) hours/week. If assignment lasts more than 90 days the individual will be considered full time. A student working as a vacation relieve is considered “temporary”.

10.07 Wages

(a) Any part time Employee will be hired at the minimum wage for the classification of work they perform as outlined in the current contract. Merit increases will be applied for each 1040 hours of service worked until an individual reaches the top level of their job classification.

(b) Any temporary Employee will be hired at the minimum wage for the classification of work they perform as outlined in the current contract.

(c) Any part time or temporary Employee will receive overtime pay for hours worked as prescribed by law and the current contract.

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10.08 Seniority

(a) Seniority shall be established from the first day an Employee is promoted to a full time status. Previous part time seniority credit will be calculated based on the total number of part time hours worked divided by eight hours, to establish number of days credit to be granted.

(b) Any Employee promoted to full time status must serve a probationary period as per the contract not including the total part time days calculated in subsection (a).

10.09 Benefits

The part time or temporary Employees are only entitled to those benefits as specified in the Employment Standards Act of Ontario 2000, such as four percent (4%) vacation pay, eight Statutory Holidays, pregnancy and parental leave, etc.

10.10 Miscellaneous

(a) Any Employee covered by this policy with respect to part-time and temporary work is not eligible to work unscheduled overtime except after such opportunities have been offered first to all full time Employees. Statutory holidays shall beconsidered to be unscheduled overtime for purposes of this article.

(b) Where unforeseen events prompt unscheduled overtime of a longer duration, the Company may fill the vacancies without compliance to (a) after 2 shifts have been offered first to full time Employees.

(c) Contract notice for shift changes does not apply to temporary or part time Employees.

(d) These Employees may participate immediately in the group RRSP plan and may participate in the Company pension plan provided they have worked 700 hours for the Company in the previous 2 years. No severance pay is applicable to terminated employment.

(e) The maximum number of Employees that may serve in this capacity at any one time is 20% of the full time staff or four (4), whichever is greater.

ARTICLE 11 – GRIEVANCE AND ARBITRATION PROCEDURE

11.01 The Union shall form from among themselves a grievance committee of not more than two (2) members.

11.02 Should any difference arise between the Company and the union, such difference shall be settled in the following manner. All time periods mentioned in this Article are to exclude Saturdays, Sundays and holidays observed by the Company and the Local Union.

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11.03 Grievances of all employees shall be discussed by the employee with the immediate supervisor concerned, and with the employee’s Shop Steward within five (5) working days of occurrence. Such immediate supervisor shall render a decision within five (5) days.

11.04 Failing settlement at the above stage, the Steward shall discuss and present the grievance in writing to the immediate supervisor within five (5) working days or the matter shall be deemed to have been settled or abandoned. The immediate supervisor shall render a decision in writing within five (5) working days after presentation of the grievance.

11.05 Failing settlement at the above stage, the grievance committee and Business Representative shall present the grievance to the next level of Management within five (5) working days or the matter shall be deemed to have been settled or abandoned. The next level of Management shall render a decision in writing within five (5) working days, after presentation of the grievance.

11.06 If the reply of the next level Manager (or his or her designee) is not satisfactory, the written grievance shall be referred to the Regional General Manager within ten (10) working days or the matter shall be deemed settled or abandoned. After receipt of the grievance the Regional General Manager and the Business Representative of the Union shall meet with the Employee and the grievance committee of the Union within ten (10) working days to discuss the grievance. A reply to the grievance shall be given in writing within five (5) working days after the meeting has been held at this stage of the grievance procedure.

11.07 Any of the time allowances provided in 11.03, 11.04, 11.05 and 11.06 of this article may be extended by mutual agreement between the parties concerned.

11.08 If a grievance is to be referred to arbitration, it shall be so referred with ten (10) working days after the date of the reply referred to in 11.06 above.

11.09 In the event of a group grievance, a policy grievance or a grievance respecting the discharge or suspension of an Employee, the grievance shall be in writing indicating the nature of the grievance and the remedy sought. The grievance will be processed commencing at article 11.06 of the grievance procedure.

11.10 When a grievance or dispute has been submitted to arbitration the party so submitting shall notify the other party in writing or its desire to do so, and the notice shall contain the names of at least three (3) possible arbitrators. Within ten (10) working days thereafter, the other party shall accept the name of one of the arbitrators offered or submit the names of at least three (3) other possible arbitrators.

11.11 If they are unable to agree upon such arbitrator within ten (10) working days, the parties may request the Minister of Labour of the Province of Ontario to appoint such an arbitrator. (Section 49 of the Ontario Labour Relations Act or amendment thereof).

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11.12 The decision of the arbitrator shall be final and binding upon the parties and the Employee(s) concerned. The arbitrator by his/her decision shall not alter, amend, or change the terms of the Collective Agreement.

11.13 The parties will jointly share the expenses of the single arbitrator, or if any the Chairman of the Board. Witness fees and allowances shall be paid by the parties calling the witnesses.

11.14 Where possible, the Unit Representative, preferably the unit chairperson, will be given twenty-four (24) hours notice prior to any disciplinary meeting, and shall attend with the Employee.

11.15 Any letter of reprimand, suspension, or other discipline will be removed from the record of an Employee twenty-four (24) months following receipt of such letter, suspension or other discipline, provided that the Employee’s record has been discipline free for such twenty-four (24) month period. Copy of the removal will be provided to the Unit Chairperson.

11.16 Any grievance settled prior to arbitration shall not set precedent nor prejudice any future matters unless agreed to in writing by the IBEW Business Representative and the Director of Labor Relations of the Company.

ARTICLE 12 - REPRESENTATIVES

12.01 The Union shall supply the Company with a list of all executive and committee members and shall keep such a list up to date.

12.02 The Company shall supply the union with the names and positions of its representatives who may be called upon to administer this agreement and shall keep such a list up to date.

ARTICLE 13 – DISCHARGE CASES

13.01 The Company shall notify the Business Representative immediately of the reason for discharge or suspension of any Employee covered by this Agreement. The Employee concerned shall have the right to be present when his case is discussed.

13.02 If a Regular Employee with seniority rights believes that he/she has been suspended or discharged without just cause, the matter may be taken up as a grievance under Article 11.06 of this Agreement. Any such grievance shall be rendered to the Regional General Manager within three (3) working days after the Regular Employee has been advised that he/she has been suspended or discharged from the Company, and the matter shall be disposed of within seven (7) working days of the time the Regional General Manager received notice of the grievance, except where a case is being referred to arbitration.

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13.03 Such special grievance may be settled (by the parties or the Arbitrator) by confirming the Company’s decision in discharging the Employee, or by reinstating the Employee with full compensation for time lost, or by any other arrangement which is just and equitable.

ARTICLE 14 - BENEFITS

14.01 The Company will provide Employees with a group insured benefits program, including short-term disability and Company retirement savings plan, subject to the terms and conditions of applicable plans and policies. Any changes to the group insured benefits program provided to Employees will be made in a manner that is consistent with other similarly-situated employees of that Company.

14.02 For calendar year 2020 Employees shall be allowed to use up to eight (8) paid personal emergency leave days off per year.

Effective 1/1/2021 and each calendar year thereafter, employees shall be allowed to use up to Five (5) paid days off per year for personal illness, injury or medical emergency, or for family responsibility leave (illness, medical emergency or urgent matters of a parent, grandparent, child, spouse, sibling or dependent relative). In addition, the Company will provide one block of five (5) paid sick days per calendar year to cover the waiting period if an individual has an approved short-term disability. All such days cannot be carried over from year-to-year and have no cash value.

This provision does not disentitle employees to unpaid days off as may be mandated by law in excess of the paid days described herein. For clarity, the paid days off described herein shall be counted toward any entitlement to unpaid days off mandated by law and shall not be considered “over and above”, or otherwise in addition to, any statutory entitlements. Where allowed by law, the company may require evidence reasonable in the circumstances, which may include a doctor’s note, in order to substantiate a paid or unpaid day.

ARTICLE 15 - UNIFORMS

15.01 The Company agrees to furnish those Employees who are required to wear a uniform in the performance of their duties with the required uniform.

15.02 The Company agrees to have the uniform apparel cleaned and maintained as necessary except uniform shirts and other items classified as washable.

15.03 It is understood that Employees shall exercise normal care for the uniform equipment and shall be responsible for any damage willfully or neglectfully caused.

15.04 Employees shall not wear uniform apparel when off duty, other than directly en route to or from work.

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15.05 The Company will provide suitable safety footwear to all Employees, full or part time. Footwear will be maintained or replaced at the discretion of the Company in communication with the Health and Safety committee. All footwear must be Green Patch Safety approved.

15.06 Service vehicles will be supplied with the following items for use of on duty Employees: safety helmets, spotlight, and first aid kits. In addition, raincoats and rubber boots will also be made available.

15.07 Upon leaving Company service, Employees shall surrender all items of uniform equipment to the Company.

15.08 The Company shall furnish one (1) pair of coveralls to probationary Employees and other Employees required to perform maintenance and/or troubleshooting work. Other Employees (excluding part time) requiring such coveralls in order to maintain the cleanliness of their uniform, shall be furnished with one (1) set upon request.

15.09 New Employees requiring safety footwear shall be reimbursed following the three (3) months probationary period.

15.10 The Company will pay to a maximum of $185.00 plus HST towards the purchase of prescription safety glasses for all Employees who require them to safely perform their duties. The Company will reimburse upon presentation of original invoice once every two (2) years.

ARTICLE 16 – SPECIAL PROVISIONS

16.01 The Company shall supply necessary tool kits for the use of Employees for maintenance.

16.02 For the purpose of safety, a first aid kit will be installed in the Central Station and trucks.

16.03 The Company will provide bulletin boards for the posting of union notices and announcements.

16.04 In the event of a vacancy occurring or a new position being created, a posting will be placed in accordance with Article 10.02 (a) and interested Employees may submit an application through Taleo or such other resource as the Company may use from time-to-time.

16.05 The Company agrees that while no guarantee of employment or work can be provided to either Employees or contractors/subcontractors, the Company confirms that the use of all contractors/subcontractors is to be discontinued prior to the lay-off of any Employee. In addition, no contractor/subcontractor may be called upon to do work for the Company until all Employees have been recalled to work.

16.06 The Union executive and members of the negotiating committee shall be paid straight time for time spent on grievances with the Company up to and including arbitration or

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negotiations up to and including conciliation and mediation to a maximum of four (4) days, providing such time is during their regular shift. The union negotiating committee shall be limited to two (2) Employees.

16.07 The Company shall also provide suitable space for clothing, drinking water, sanitary facilities and any reasonable convenience.

16.08 Non-Union and supervisory personnel shall not do any work normally done by Employees covered by this agreement except for the purpose of instruction, experimenting, emergency conditions, or when an Employee who normally does this work is not readily available.

16.09 The parties agree that during the life of collective agreement they will meet on a regular basis but at least every three (3) months if requested, to discuss matters of mutual interest to the parties.

Representation will generally include up to two (2) members of the bargaining unit and an equal number of management representatives from the Branch.

Where appropriate, there will also be discussion of new business ventures being considered by the Company.

Business Representative of Local Union to be notified of all times and dates of meetings.

16.10 The Company agrees to the formation of a Health and Safety committee to meet on a regular basis. Details regarding frequency of meetings and membership to be determined by the Labour Management Committee.

16.11 The Company will pay the cost if it requires an employee’s driver’s license abstract.

ARTICLE 17 – TRAVELLING EXPENSES

17.01 It is understood and agreed that an Employee cannot be required to use his personal automobile as a condition of employment. The use of Employee’s personal automobile is strictly at the Employee’s option.

17.02 Employees driving Company vehicles shall report to his assigned station at the beginning and end of each shift, unless his assignment is equal or less distance from his home, or at a site within a 25 km. radius from his assigned station in which case he may, at the supervisor’s discretion report directly to the job. It is understood in this case, he shall work his full eight (8) hour shift.

17.03 To qualify for mileage, an Employee must be authorized and prepared to use his automobile to transport his tool box and himself on assignments from the Company. On this basis, the following shall apply:

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(a) He shall be paid daily from his assigned station to his job and return to his assigned station, or from his home to the job and return to his home, whichever is the lesser, and/or between jobs at the rate per Canada Revenue Agency –Automobile and Motor Vehicle Allowances and shall be guaranteed a minimum of $12.00/day.

(b) An Employee is not obligated to transport other Employees or their tools to receive mileage.

(c) An Employee may be required to transport a small amount of material.

(d) An Employee is not obligated to transport ladders, plywood, pipe vices or any other such equipment in vehicle.

17.04 If through no fault of his own, the automobile of an Employee is damaged while being operated on business of the Company, for which he is receiving compensation, and he is unable to recover the cost of the necessary repairs from any other source, he shall be entitled to reimbursement after ninety (90) days. If the Employee thereafter makes recovery from any other source, he shall turn over to the Company all sums recovered up to the amount of payment made to him by the Company. In no event, shall the amount paid by the Company under this item exceed the value of the car at the time the damage is sustained.

ARTICLE 18 – SEVERANCE PAY

18.01 In the event of permanent lay off, an Employee with more than five (5) years of continuous service with the Company so laid off shall receive severance pay at the rate of one (1) week’s pay for each full year of continuous service. Such payment shall be based on the Employee’s authorized hourly wage rate in effect at the time he is laid off.

18.02 If an Employee who has received severance pay is rehired and the period since the date of his lay off is less than the period for which he has received severance pay, the amount paid to the Employee in excess of the period of his actual lay off shall be considered as an advance to him by the Company repayment shall be made through payroll deductions at the rate mutually agreed upon by the Employee and the Company, but in no case shall it exceed ten percent (10%) of his basic weekly wage until the amount is fully repaid; and as a condition of re-employment, the Employee either before, at or subsequent to the time he/she returns to the payroll, shall, upon the Company’s demand, execute any and all documents that may be necessary, desirable or proper to effectuate this provision.

18.03 In the event an Employee, who is laid off, is rehired within a twelve (12) month period, his severance pay rights shall be established on the basis of his record of continuous service.

ARTICLE 19 – STRIKES AND LOCKOUTS

19.01 It is agreed that no strike will be called by the union or no lockout caused by the Company for the duration of this agreement.

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ARTICLE 20 – AGREEMENT OF PARTIES AND SEVERABILITY

20.01 This contract contains the entire agreement between the parties and no other agreement or practices, either oral or written, shall apply unless placed in writing and signed during the most recent negotiations or after.

20.02 If the enactment of legislation, or a determination of a court of final jurisdiction (whether in a proceeding between the parties or in one based on a similar statement of fact) invalidates any portion of this Agreement it shall not affect the validity of the rest of this Agreement, which shall remain in full force according to its terms in the same manner and with the same effect as if such invalid portion had not originally been included herein.

ARTICLE 21 – HEALTH AND SAFETY

21.01 The Company, the Union and the Employees recognize their respective obligations under the Workplace Safety and Insurance Board (WSIB) legislation, the Human Rights Code and the Occupational Health and Safety Act.

21.02 Following two (2) calendar weeks, in the event there is a delay in payment of an approved WSIB claim, the Company agrees to advance funds in the equivalent prevailing weekly maximum. This will be conditional upon the Employee signing an agreement to repay the advance in full upon receipt of the WSIB benefit.

21.03 The Company agrees to provide to the Employee a copy of the Employer’s Report of Injury and a copy of the investigation report with respect to this injury.

21.04 The Company agrees to post a copy of the Health and Safety Committee Minutes of the meeting as soon as is practically possible.

ARTICLE 22 – TECHNOLOGICAL CHANGE

22.01 An employee who is displaced from his or her job classification due to the introduction of alarm monitoring computer equipment or other technological change in the employers operations covered by this Agreement, shall be given due consideration for other job openings in the bargaining unit if qualified. It is understood that the employer may, as required, fill job openings created within the bargaining unit as the result of such technological change by hiring or transferring persons from other sources provided, however, the parties also understand the desire to attempt to absorb into such openings to the full extent practicable any employee presently engaged who is displaced due to such technological change, if qualified. If the employer determines that an employee is re-trainable for the new job, it will be responsible for the necessary training.

For the purpose of this clause, “qualified” includes but is not limited to the following: knowledge, training, ability, skill, efficiency and aptitude.

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January 8, 2021

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SCHEDULE ‘A’ – WAGE RATESMay September May May

15th/2019 13th/2020 16th/2021 15th/2022SENIOR TECHNICIAN $30.60 $31.37 $32.15 $32.95

SERVICEMAN 1

Mo.s Service 0 – 6 $21.03 $21.56 $22.09 $22.657 – 12 $21.98 $22.53 $23.09 $23.6713 – 18 $22.91 $23.48 $24.07 $24.6719 – 24 $24.23 $24.84 $25.46 $26.0925 – 30 $25.54 $26.18 $26.83 $27.5031 – 36 $27.16 $27.84 $28.53 $29.25Over 36 $29.12 $29.85 $30.59 $31.36

SERVICEMAN 2

Mo.s Service 0 – 6 $19.22 $19.70 $20.19 $20.707 – 12 $20.20 $20.71 $21.22 $21.7513 – 18 $21.28 $21.81 $22.36 $22.9219 – 24 $22.46 $23.02 $23.60 $24.1925 – 30 $24.03 $24.63 $25.25 $25.8831 – 36 $25.46 $26.10 $26.75 $27.42Over 36 $27.00 $27.68 $28.37 $29.08

SERVICEMAN 3

Mo.s Service 0 – 6 $17.32 $17.75 $18.20 $18.657 – 12 $18.22 $18.68 $19.14 $19.6213 – 18 $19.18 $19.66 $20.15 $20.6519 – 24 $20.25 $20.76 $21.28 $21.8125 – 30 $21.65 $22.19 $22.75 $23.3131 – 36 $22.94 $23.51 $24.10 $24.70Over 36 $24.32 $24.93 $25.55 $26.19

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The Company and the Union acknowledge and recognize the value and contribution that both employees and contractors or subcontractors (“contractors/subcontractors”) make in terms of the success of the Company. Each performs work which is complementary/supplementary toeach other, albeit under different terms and conditions.

The Union will not file any grievance with respect to any contactor/subcontractor or workers of any contractor/subcontractor, provided that the contractor/subcontractor supplies at its own expense its own vehicle and standard tools and pays for its own insurance, license, permits and uniforms. Both the Company and the Union recognize that by nature of the work performed, the Company will exercise control and direction over the contractor/subcontractors and workers supplied by the contractor/subcontractors as regards the performance of the work including scheduling of the work, start and completion parameters, scope of the work, methods and procedures, integration into the Company’s systems and product selection and that such direction and control does not make the contractor/subcontractors or workers supplied by the contractor/subcontractors employees of the Company. The Company shall arrange that any identification it issues to contractor/subcontractors and workers supplied by the contractor/subcontractors refer to them as an authorized independent contractor of the Company. It is understood and agreed by both the Company and the Union that the contractor/subcontractors and their workers are neither employees of the Company nor members of the bargaining unit and thus are not subject to the terms and conditions of the collective agreement.

While no guarantee of employment or work can be provided to either employees or contractor/subcontractors, this Company confirms that the use of all contractor/subcontractors is to be discontinued prior to the lay off of any employee. In addition no contractor/subcontractor may be called upon to do work for the Company until all employees have been recalled to work.

For the Company

For the Union

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Letter of Agreement

Criminal and Credit Records Check

The Company and the Union recognize that the nature of the security services business places a high premium on risk management. In that regard, the Union acknowledges that an increasingly large number of the Company’s customers require that the Company employees working on customer sites or on other business have annual criminal and credit record checks and correspondingly clean criminal and credit records.It is the Company’s policy that it will seek each employee’s consent to a criminal and credit records check to be undertaken annually in order to determine that employee’s eligibility to be assigned to customers who require clean criminal and credit records of the Company’s personnel. Any employee who does not have a clean criminal and credit record or who does not agree to provide such consent will not be eligible for such assignments. If there are an insufficient number of employees, who have provided their consent for a criminal and credit records check or who have clean criminal and credit records, to enable the Company to service its customers, the Company will retain the right to require employees who have not provided their consent to do so in reverse order of seniority, until the Company’s service capability needs are met.The Company will require that any third party provider of the service will comply with applicable Canadian privacy legislation with respect to the retention and transmission of Employee information.

Side Letter8/31/2020

Ms. Linda GeorgiuIBEW Local 636

Re: PayMs. Georgiu,

At least sixty (60) days after ratification, the Company may change the pay week to Sunday to Saturday, and pay day to bi-weekly on Friday. The Company will provide a one-time advance prior to the transition to those requesting such, which will then be repaid over the next two pay cycles. Further, all wages will be paid via direct deposit and all pay statements and tax forms will be made available electronically.

Sincerely,

Tim DrabekDirector – Labor Relations, TIF&S