COLLECTIVE AGREEMENT

BETWEEN

WENDELL MOTOR SALES LTD.

AND

UNIFOR AND ITS LOCAL 1524

EFFECTIVE: OCTOBER 1, 2015

EXPIRES: SEPTEMBER 30, 2018

INDEX PAGE#

ARTICLE 1 - SCOPE ............................................................................................................................ 3 ARTICLE 2 - RECOGNITION ............................................................................................................... 3 ARTICLE 3 - NO DISCRIMINATION .................................................................................................... 3 ARTICLE 4 - MANAGEMENT RIGHTS ................................................................................................ 7 ARTICLE 5 - UNION SECURITY .......................................................................................................... 7 ARTICLE 6 - NO CESSATION OF WORK ............................................................................................. 8 ARTICLE 7 - HEALTH AND SAFETY .................................................................................................... 8 ARTICLE 8 - REPRESENTATION ....................................................................................................... 10 ARTICLE 9 - ADJUSTMENT OF GRIEVANCES ................................................................................... 11 ARTICLE 10- ARBITRATION ............................................................................................................ 13 ARTICLE 11 - SENIORITY ................................................................................................................. 15 ARTICLE 12 - JOB POSTING ............................................................................................................. 16 ARTICLE 13 - LAV-OFF AND RECALL RIGHTS ................................................................................... 18 ARTICLE 14 - TEM PORA RV EMPLOYEES ......................................................................................... 19 ARTICLE 15 - PAYMENT OF WAGES AND ALLOWANCES ................................................................ 20 ARTICLE 16-SICK LEAVE PROVISIONS ........................................................................................... 20 ARTICLE 17 - LEAVE OF ABSENCE ................................................................................................... 21 ARTICLE 18 - PREGNANCY AND PARENTAL LEAVE.. ....................................................................... 22 ARTICLE 19 - BEREAVEMENT LEAVE .............................................................................................. 22 ARTICLE 20- JURY AND COURT WITNESS LEAVE ........................................................................... 23 ARTICLE 21- HOLIDAVS .................................................................................................................. 23 ARTICLE 22- VACATIONS ................................................................................................................ 24 ARTICLE 23 - HOURS OF WORK ...................................................................................................... 25 ARTICLE 24- CALL-OUT AND REPORTING TIME ............................................................................ 28 ARTICLE 25 - WORKING CONDITIONS ............................................................................................ 28 ARTICLE 26 - SKILLED TRADES ........................ .. ............................................................................. 32 ARTICLE 27 - BENEFITS ................................................................................................................... 32 ARTICLE 28 - CONTRACTING OUT ................................................................................................. 33 ARTICLE 29 - INCLEMENT WEATHER/EXTREME CONDITIONS ...................................................... 33 ARTICLE 30- RRSP MATCH ............................................................................................................ 33 ARTICLE 31- PAID EDUCATION LEAVE .......................................................................................... 34 ARTICLE 32 - CORRESPONDENCE ................................................................................................... 34 ARTICLE 33 - DURATION ................................................................................................................ 35 SCHEDULE "A" ................................................................................................................................ 35 SCHEDULE "B" ................................................................................................................................ 41 LETIERS OF UNDERSTANDING ....................................................................................................... 35 APPENDIX "A" .................................... ............................................................................................ 35

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ARTICLE 1 - SCOPE

1.01 The Employer, Wendell Motor Sales Ltd., recognizes Unifor as the sole and exclusive bargaining agent for all its employees employed in the City of Kitchener save and except Assistant Managers, persons above the rank of Assistant Manager, wholesale parts sales staff, office, clerical and sales staff.

ARTICLE 2 - RECOGNITION

2.01 The Company recognizes the Union as the sole collective bargaining agency for the said employees of the Company with respect to rates of pay, hours of work and other conditions of employment.

2.02 It is agreed and understood that it is the joint objective of the parties to provide customers with services in an efficient and professional manner.

2.03 All references to the masculine gender in this Agreement shall also be read in the feminine gender or vice versa, wherever the context applies.

ARTICLE 3 - NO DISCRIMINATION

3.01 The Employer and the Union agree to act in accordance with the Human Rights Code with respect to the employees covered by this Agreement.

3.02 The Company will not discriminate against any employee based on age, marital status, sex, race, creed, colour, national origin, political or religious affiliation, sexual orientation, disability or handicap.

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3.03 ANTI-HARASSMENT POLICY

During the 2015 negotiations, the parties discussed Human Rights Issues In the

workplace. The parties have committed to Implementing a procedure for the benefit

of Wendell Motors employees. In addition, the parties agreed to outline the

procedure within the context of this Appendix.

Wendell Motors and Unlfor and Its Local 1524 are committed to providing a harassment free workplace, where all individuals interact with mutual respect for each other's rights.

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WORKPLACE HARASSMENT /POLICY AND PROCEDURE

Every employee has the right to work In an environment free of harassment. The right includes the responslbllity to eliminate harassment in our workplace, either as a participant or as an observer.

This policy and procedure outlines the commitment of Wendell Motors and Unifor and its local 1524 to ensure a harassment free workplace as required under applicable legislatlon, and underlines the seriousness of workplace harassment. The Company and Unlfor recognize that there Is no acceptable level of harassment at Wendell Motors. Employees who feel that they are being harassed are encouraged to bring the situation to the attention of their supervisor or other member of management or human resources as set out In this policy.

WORKPLACE HARASSMENT DEFINED

Harassment Is defined as a "course of vexatious comment or conduct that is known or ought reasonably be known to be unwelcome". Harassment may also be based on any of the protected grounds under the Human Rights Code, such as race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status or disability. At Wendell Motors all employees are expected to treat others with courtesy and consideration and to discourage harassment.

The workplace is defined as all Company facilities and premises.

Workplace harassment includes, but Is not limited to, the following examples:

• Unwelcome remarks, jokes, Innuendoes or taunting about another's body, attire,

gender, dJsablllty, racial or ethnic background, sexual orientation, etc.

• Displaying visuals of a sexual, racial or otherwise offensive nature such as

pornographic pictures, posters, cartoons, graffiti or simulation of body parts.

• Leering (suggestive staring) or other gestures.

• Unnecessary physical contact such as touching, patting or pinching.

• Unwanted sexual sollcitatlon, physical contact or advances, particularly made with

implied reprisals, If rejected.

• Refusing to work or share facilities with another employee because of the other's

gender, dlsablllty, sexual orientation, racial, religious or ethnic background.

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• Backlash or retaliation for the lodging of a complaint or partidpatlon in an

Investigation.

OBLIGATION OF EMPLOYEES

Employees are obligated to bring any complaint of harassment to the attention of a supervisor or human resources representative for the Company as soon as possible. The Employee may also choose to bring the issue to the attention of the Union. If the Company is not made aware of any issues of harassment, they may be unable to address such issues.

WHAT HARASSMENT IS NOT

This policy ts not intended to limit or constrain the reasonable exercise of management functions in the workplace. For example, reasonable action or conduct by a supervisor or manager that ts part of his or her normal work function such as disciplinary action, performance management and communication of feedback on performance does not tn Itself constitute workplace harassment. Neither is this policy intended to inhibit free speech or Interfere with the normal social relations that are a part of life at Wendell Motors.

FILING A COMPLAINT

If an employee believes that he/she has been harassed, that employee should:

• Tell the alleged harasser(s) to stop, if possible.

• Document the event(s), complete with the time, date, location, names of

witnesses and details of each event, If possible.

• If the harassed employee does not feel able to approach the alleged harasser(s)

directly, or if, after being told to stop, the alleged harasser continues, the harassed

employee should lodge a complaint with the Company.

INVESTIGATION

In minor cases, the Company and Union agree that the Company may try to resolve a harassment complaint informally without a full investigation when so requested by the complainant. The outcome of this attempted resolution wUI be communicated to both the complainant and the Union. If the complainant disagrees with the attempted resolution, or if the complaint involves more than minor issues there will be an investigation of the complaint which will Include interviews of the complainant,

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alleged harasser, any witnesses and may include interviews of other persons named in the complaint. The outcome of this investigation wlll be communicated to the complainant, the alleged harasser and the Union.

In some cases, where there are very complex issues at stake and where the complaint is about a member of management or human resources, the Company and the Union may carry a joint investigation Into the complaint. Unavailability of the Union will not be a valid reason to not carry out a prompt and efficient Investigation In accordance with the Company's obligations under the law.

Where the complainant is a woman and the complaint Involves sexual harassment or gender discrimination, the Company will take all reasonable efforts to assign an investigator to the complaint who Is a woman.

The Company will take all reasonable efforts to maintain confidentiality, within the parameters permitted by its obligations under the applicable laws. However, confidentiality is by no means a guarantee of anonymity. The identity of the complainant, the alleged harasser(s), and the nature of the complaint will be kept confidential and only persons with a need to know will be informed of the complaint. Records of the Investigation, including interviews, evidence and recommendations will be securely maintained with the Company's human resources representatives and added to the employee's personnel file as needed (sealed if needed).

RESOLUTION

All allegations of harassment will be dealt with in a prompt manner. Upon completion of the Investigation, the Company will reach a conclusion and wlll meet with the complainant and alleged harasser (separately) to notify them of the results of the investigation and any action that wlll be taken to address the situation (if applicable). The Union has a right to be present In these meetings if the complainant and/or the alleged harasser so request it.

If an employee is found to have engaged In harassment, s/he may be subject to discipline up to including termination of employment.

It is expected that all employees will first seek resolution of any Issues internally, through this policy, prior to seeking resolution through a third party, such as the Human Rights Tribunal. Nonetheless, this Polley and Procedure in no way precludes the complainant's right to seek action under the applicable Human Rights legislation.

The parties agree to communicate this Polley and Procedure to the workforce through local Union newsletters, bulletin board notices and Company publications.

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ARTICLE 4 - MANAGEMENT RtGHTS

4.01 Except as expressly provided for in this agreement, the Union acknowledges it is the exclusive function of the Employer to:

(a) maintain order, discipline and efficiency;

(b) hire, classify, transfer, promote, demote and lay-off employees and also to suspend, discipline or discharge employees for just cause, provided that a claim by an employee who has acquired seniority, that he has been discharged or disciplined without just cause may be the subject of a grievance and dealt with as provided in the agreement;

(c) determine the work to be done, the classifications, hours of work, work assignments, standards of performance, occupational requirements, methods of doing the work;

(d) establish and alter the goals, objectives, mandate and aims of the Employer, determine the number of personnel required, to determine services to be performed and the methods, procedures and equipment to be used in connection therewith, the location and extent of operations, and their designation, commencement, expansion, revision, curtailment or discontinuance;

(e) make, enforce and alter from time to time, reasonable policies and procedures, rules and regulations to be observed by all employees and shall not be inconsistent with the terms of this Agreement.

4RTICLE 5 - UNION SECURITY

5.01 a) All employees in the bargaining unit shall, within ten (10) days oftheir employment with the Employer, as a condition of employment be required to sign an authorization form authorizing the Employer to deduct from his first pay period and each pay period thereafter, an amount equivalent to all regular Union dues and assessments uniformly levied against the members of the Union and authorizing the Employer to remit same to the Union. Such authorization forms shall be sent to the Union upon completion.

b) All present and new hires shall, as a condition of employment, become and remain a member of the Union.

5.02 The Company shall deduct an amount equal to the Local Union Initiation Fees and the weekly regular union dues and special assessments in the amount and manner specified

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by the Union in writing from each pay cheque due to each employee covered by this agreement and remit such monies so deducted to the Union presently located at Unifor Local 1524, 600 Wabanaki Drive, Kitchener, ON N2C 2K4 on or before the 15th day of the month following the month in which such deductions have been made. This list shall include employees' names, status (full time, part time, new hire or terminated), social insurance numbers, sex (Mor F), hourly rate of pay and documentation of the weekly or other deductions. A notion of any employees who have not paid full dues in the given month and the amount of their arrears shall be included in this list. The employees names as being in arrears and the amounts noted as arrears shall be remitted with the next regular dues payment to the Union office and be noted as an arrears payment for the names employees. Where the Union wishes to alter the dues, it will provide the Company with 30 days notice in writing of the change.

5.03 The Union will save the Employer harmless for any and all claims against it for deductions made as set out above.

5.04 It shall be the Company's responsibility to show the full amount of Union dues deducted on each employee's annual T-4 slip.

5.05 Upon the hiring of a new employee into the bargaining unit the Company agrees to provide the employee with a collective agreement and an introduction to the Unit Chairperson or his alternate.

5.06 Union dues shall be deducted bi-weekly as per Article 5.02.

ARTICLE 6 - NO CESSATION OF WORK

6.01 In view of the orderly procedures established by this agreement for the settling of disputes and the handling of grievances, the Union and its "?embers and the Employer agree there shall be no picketing, strikes, lockouts or concerted work slowdowns or refusals during the term of the collective agreement.

The terms "strike" and "lockout" shall be defined in accordance with the definitions set out in the Labour Relations Act.

ARTICLE 7- HEALTH AND SAFETY

7.01 The Company shall make reasonable provisions for the safety and health of employees during working hours and the Union and all employees will cooperate in the enforcement of safety rules and regulations. It is the responsibility of the Employee and Management to read and be aware of all safety policies of the Company.

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7.02 A joint safety and health committee will be established. Such committee will have an equal number of bargaining unit and management members, and such committee will have a minimum of four (4) committee persons. The union shall appoint up to two (2) bargaining unit members to such committee.

7.03 The Company will provide safety glasses, welding safety eye wear, masks and filters for painting and chemical treatment and employees must wear this safety equipment where required. The Company will provide employees with gloves for use as reasonably required.

7.04 a) Upon provision of receipts, the Company will reimburse employees up to One Hundred forty-five dollars ($145.00) every contract year for each employee required to wear safety footwear. Employees must wear safety footwear as required. New employees shall be entitled to the boot allowance at the time of hiring upon provision of a receipt. However, if the Employee ceases employment with the Employer for any reason within one (1) year of his date of hire, all boot allowance monies are immediately repayable and shall be deducted from any outstanding monies owed to the employee at the time of cessation of employment.

b) Boot Allowance Expense- Receipts must be submitted with proof of purchase to Department Head and approved prior to reimbursement being issued.

7 .OS In the case of an accident as a result of which the employee is disabled for the balance of the day=s shift, from earning full wages at the work at which he is employed, the Company agrees to give the employee loss of earnings compensation covering the day the disability occurred up to one (1) day's pay at his base rate.

7 .06 Right to Accomp~ny Inspector The Union Co-Chair or designate shall be allowed to accompany a government inspector on an inspection tour.

7 .07 National Day of Mourning Each year on April 28th at 11:00 a.m., work will stop and one (1) minute of silence will be observed in memory of workers killed or injured on the job.

7 .08 Modified Work a) An employee due to disability or injury will be accommodated in a job classification where based on legitimate medical restrictions, the employee can do the essential duties of the job.

The Employee will be accommodated according to the following procedures:

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(a) Firstly in their own classification with:

i) the job modified to accommodate the employee's restrictions, if possible;

ii) a modified work program Ooint agreement) to gradually increase their hours of work.

(b) Secondly in a suitable job classification within their capability without recourse to the seniority aspects ofthe job posting.

(c) The Company will comply with the applicable law with respect to the confidentiality of medical information.

It is also understood that the Company may move from sub-section {a) above to sub-section (b) above at its discretion.

Upon a change in the employee's restrictions, which would allow the employee to return to their posted classification, the employee will exercise their seniority over the lowest seniority employee in the classification.

ARTICLE 8 - REPRESENTATION

8.01 No employee or group of employees shall undertake to represent the Union at meetings with the Employer without the proper authorization of the Union. In order that this may be carried out, the Union will supply the Employer, in writing, with the name of its officials and committee members and will inform the Employer of any changes. The Employer shall not be required to recognize any Union official where proper notification has not been provided.

8.02 In order to provide an orderly and speedy procedure for the settling of grievances, the Employer acknowledges the right of the Union to elect or appoint up to2 Committee Persons, one (1) of whom shall be the Chairperson whose duties shall be to assist an employee in preparing and/or presenting his grievance in accordance with the grievance procedure. It is understood that one committee person shall be elected from the Service Department and one committee person shall be elected from the Parts/Collision.

8.03 The Committee shall be allowed necessary time off work without loss of pay for the purpose of processing grievances during working hours in the store provided:

(a) they obtain prior consent from management, which shall not be unreasonably withheld;

(b) such time off shall be of reasonable length and shall not unduly impair the efficient operation of the business;

(c) the Unit Chair shall, upon request by the Union office, given at least two (2) work days notice, in advance, be allowed to be off work for up to four (4) hours, once per month, without pay, to attend Union business for which the Union requires his presence away from the Company premises.

8.04 The Employer agrees to recognize a Negotiating Committee of up to two (2) employees plus the National representative and Local President for the purpose of renewing the Collective Agreement. The Committee shall also be recognized as the Negotiating Committee. It is understood that one committee person shall be elected from the Service Department and one committee person shall be elected from the Parts/Collision.

8.05 The employer agrees to allow the two (2) employee members of the bargaining committee up to five (5) days from work without loss of basic pay for the purposes of attending negotiation meetings between the employer and the Union.

8.06 The Company agrees that the employees may wear Union pins while on duty and may display Union decals on their toolboxes.

8.07 The Company agrees that a National representative and/or Local President of the Union may, after contacting the Company, enter the premises during hours of employment to deal with the administration of the Collective Agreement. Such visits will cause as little disruption to business as possible and this clause does not give any employee the right to absent himself from work.

8.08 Preferential Seniority The committee members shall have preferred bargaining unit seniority in the event of layoff provided they are able to perform the available work. The Unit Chairperson shall be the last committee person to be laid off.

ARTICLE 9 ·ADJUSTMENT OF GRIEVANCES

9.01 Should any difference arise between the Company and any of the Employees, or between the Company and the Union, as to the interpretation, application or alleged violation of any of the provisions of the agreement, efforts shall be made to settle such difference without delay in the following manner:

Step One The employee must discuss the grievance with the immediate supervisor. If the employee wishes, he may be assisted by his committee person.

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9.02

•.

9.03

Step Two If no settlement is reached, a grievance may be filed on behalf of the employee by the steward in writing with the immediate Supervisor, providing this is done within five (5) working days of the incident giving rise to the grievance. The immediate Supervisor shall respond to the grievance in writing within five (5) working days of its receipt. A grievance raised by a group of employees may be commenced at Step 2 and such grievance form must be signed by all grieving employees.

Step Three If no settlement is reached at Step Two, a Chairperson or a Committee Person and a National Representative and/or local President may, on behalf of the employee, present the grievance, in writing, to the General Manager within five (5) working days after the decision has been received at Step Two, who shall discuss the matter with such committee within five (5) working days or such other dates as may be mutually agreed upon in writing by the parties, and give a written decision not later than five (5) working days after such discussion is concluded.

Step Four Any grievance which has been processed but not settled through the above grievance procedure may be submitted to arbitration in accordance with Article 10, providing such submission is made within fifteen (15) working days of the final written disposition in Step Three and providing that the grievance has been filed and processed through the grievance procedure in a correct and timely fashion. The parties may mutually agree to go to Mediation/Arbitration instead of going to Arbitration under Article 10.

In the interest of certainty and good labour relations, any grievance not initiated or properly processed within the time limits specified above shall be considered abandoned. It is the parties' Intent that no board of arbitration will waive these procedural limits .

At any step of the grievance procedure, the time limits imposed upon either party may be extended by mutual agreement in writing and such extension will not be unreasonably denied. If a grievance is not answered by the Company within the time limits prescribed or within such extensions as agreed to, it shall be settled in favor of the grievor.

9.04 When an employee is called in to a meeting with Management to impose discipline upon him, a Union Committee Person will be present during the meeting, or if no Committee Person is available, another bargaining unit employee of his choice is then at work, will be present during the meeting. When an employee is to be suspended or discharged, they will be taken to a place of privacy.

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9.05 A National representative of the Union and/or a Committee Person shall be entitled to inspect and make copies of the time cards, and similar work records which relate to that grievance.

9.06 Discharge Grievance Where an employee, who has completed the probationary period, feels that he has been unjustly discharged, the employee may file a grievance at Step 3 above within three (3) working days of his notice of discharge. An employee who has not completed his probationary period may not grieve. The Union will be notified before any discipline is handed out.

9.07 Policy Grievance Both the Union and the Employer shall have the right to file a grievance based on a dispute arising out of the application, interpretation, or alleged violation of this Agreement. However, a Union grievance shall not include any matter upon which an employee is personally entitled to grieve. A policy grievance shall be presented in writing to the authorized Union representative or the General Manager of the Company, or their designate as the case may be, within five 5 working days of the incident or events giving rise to the grievance. A reply to the grievance shall be given in writing within five (5) working days. The grieving party may then request a meeting be held to discuss the grievance provided this Is done within five (5) working days of the other party's reply. Disposition of the grievance shall be made in writing within five (5) working days following the meeting and either party, if it chooses, may process the grievance in accordance with Step 4 above.

ARTICLE 10 ·ARBITRATION

10.01 Composition of Single Arbitrator When either party requests that a grievance be submitted to arbitration, the request shall be made by registered mail addressed to the other party of the Agreement, with the names of three (3) nominees. The other party shall respond with their three (3) nominations within five (5) working days of receipt of the parties' notice of going to arbitration. If no agreement is made on a mutually agreed upon nominee, then they shall request the Minster of labour to appoint a single Arbitrator. Within five (5) working days thereafter, the other party shall answer by registered mail with the name of its nominee on an Arbitration Board.

10.02 Authority and Single Arbitrator No matter shall be submitted to arbitration which has not been properly carried through all the required steps of the Grievance Procedure. Only grievances which arise through the interpretation or alleged violation of the provisions of this Agreement shall form the subject of arbitration.

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(a) The Arbitrator shall not be authorized to make any decisions inconsistent with the provisions of this agreement, nor to alter, modify or amend any part of this agreement.

(b) The proceedings of the Arbitrator will be expedited by the parties, and the decision of the Arbitrator shall be final and binding upon the parties and the employee or employees concerned.

(c) The parties will equally bear the fees and expenses of the sole arbitrator. Any witnesses called by the parties will be at their individual expense.

(d) At the request of either party the Arbitrator will, except as provided in this agreement, have the power to increase or decrease the discipline imposed by the Employer. If the Arbitrator decides that a discharge was without just cause, the Arbitrator may reinstate the employee and may reimburse him for all time lost from the date of discharge up to the date of reimbursement, less any amounts earned by the employee in the interval or by any other arrangement which is just and equitable.

10.03 The parties to the agreement agree that the following behaviours may constitute just cause for dismissal and no arbitrator shall have the authority to substitute any lesser penalty than that given by the Employer. Any disciplinary grievance for the listed behaviour will be processed only for the purposes of an arbitrator determining whether there is reasonable cause to believe that the alleged behaviour occurred. Decisions by the Employer not to dismiss an employee for such behaviour will not prejudice, alter, vary or limit this artide.

a) Theft or fraud;

b) Any action taken recklessly which endangers the health or safety of a coworker or customer;

This article is not intended to be an exhaustive list of those disciplinary offences which may result in dismissal.

10.04 All written disciplinary notices will be removed from the employee's personnel file following a twelve (12) month period without any additional discipline.

10.05 Any extension of the time limits contained herein may only be made by mutual consent, in writing.

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ARTlaE 11-SENIORITY

11.01 An employee shall be on probation during his first sixty (60) worked days of employment without any seniority rights and during a probationary period an employee may be dismissed by the Employer without recourse to the grievance procedure. Upon completion of the probationary period, the employee=s name shall be added to the seniority list and his seniority shall be computed from the day he first commenced to work for the Company.

11.02 Seniority shall be occupational classification by department as follows:

SERVICE DEPARTMENT COLLISION CENTER

TECHNICIAN NA" TECHNIOAN NAN

TECHNICIAN NBN TECHNICIAN ''811

ALIGNMENT PAINTER

SERVICE ADVISOR PREPPER/PAINTER

LUBE TECHNICIAN BODY REPAIRER

GLASS TECHNICIAN

SHUTTLE DRIVER PREPPER

DETAILER

CLEAN-UP

PARTS DEPARTMENT VEHICLE & Lor MAINTENANCE & CHIEF CLEAN-UP

PARTS SPECIFIER Unurv .

PARTS CLERK

PARTS DRIVER

11.03 a) The Company shall post the seniority list on the Union Board in the shop every (6) months and a copy of such list shall be forwarded to the Union Steward.

b) Employees shall promptly notify the Personnel Department in writing in the event of any of the following changes:

a) Marital status;

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b) Name change; c) Address change; d) Telephone number change; e) Change in number of dependents; f) Change of name and telephone number of person you with

notified in case of emergency; g) Change in an insurance beneficiary.

11.04 An employee shall lose his seniority and shall be terminated from his employment in the event:

(a) he is discharged for just cause and is not reinstated;

(b) he resigns or abandons his employment;

(c) he is absent from work in excess of three (3) working days without sufficient cause or without notifying the Employer;

(d) he fails to return to work immediately following a leave of absence, and/or fails to return to work following a layoff or closure within ten (10) working days after being notified by Courier mail to do so. It is the responsibility of the employee to keep the Employer informed of his current address;

(e) he is laid off for a period of more than eighteen (18) consecutive months for all bargaining unit members.

(f) (i) due to accident or illness is off work for the continuous period of twenty four (24) months, or

(ii) due to other causes is off work for a continuous period of twelve (12) ~

months or the length of the employee's seniority, whichever is the lesser.

11.05 Anyone transferred out of the bargaining unit will continue to accumulate bargaining unit seniority for three (3) months following his transfer, after which time he shall have no bargaining unit seniority.

ARTICLE 12 • JOB POSTING

12.01 Job Posting In the event that a vacancy or a newly created position comes open in the bargaining unit, notice of such vacancy or newly created position shall be posted for five (S) working days on a bulletin board provided on the premises for such purposes. All such

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notices shall designate the job classification, title, the shift, rate of pay and the date such notice was posted. Any employee may apply for such job within the time limit specified above. The Union shall receive a copy of said posting.

All such completed notices shall be In duplicate and signed by the Company Representative.

Those employees wishing to apply for such vacancy or newly created position shall do so by affixing their signature to the job posting notice. Such signature shall be witnessed by a Company Representative and dated.

After such notice has been posted for five (5) working days, it shall be removed from the bulletin board, and a copy of such notice shall be forwarded to the Union.

If an employee is absent from work and during such absence a job posting is made, such employee wilt be considered an applicant provided he or a Union Steward acting as his agent and upon his request affixes the employee' s name to the positing within the stipulated five (5) working days period. Such signature shalt be witnessed by a Company Representative and dated.

When a member of the Bargaining Unit shall apply for a newly created or open position, such signature shalt be witnessed by a Co-representative, signed and dated by the Department Manager or Assistant Manager of the Department.

The Company shall, within three (3) working days after the notice has been removed, post on the same bulletin board for at feast five (5) working days the name and length of service of the successful applicant, at the request of the Union Steward a copy of which shall also be forwarded to the Union.

12.02 The following factors shall determine which employees shall fill the vacancy, or newly created position:

(a) the seniority ranking of the employees in the bargaining unit;

and

(b) the immediate ability of the indtvidual to fulfill the normal requirements of the job.

(c) After a ten (10) working day training period.

12.03 In the event that there is no successful applicant to a posted vacancy or newly created position, from within the full-time employees, the Company shall then consider applications from part-time employees in accordance with Schedule "B".

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12.04 The successful internal applicant shall be placed on a training period of ten (10) working days and may be extended by mutual agreement. Conditional on satisfactory service, such promotion shall become permanent after the ten (10) working day period. In the event the successful applicant proves unsatisfactory in the position during the aforementioned training period, or if the employee finds himself unable to perform the duties of the new job classification, he shall be returned to his former position and salary without loss of seniority. Any employee promoted because of the rearrangement of positions shall also be returned to his former position and salary without loss of seniority. The Employer reserves the right to use a casual employee or assign an employee temporarily to backfill during the training period in any position.

12.05 If no applications were received from employees in the bargaining unit for a job posted, or if none of the internal applicants are qualified for the job posted, the Employer will then select from applicants outside the bargaining unit. The Employer always maintains the right to advertise externally.

ARTICLE 13- LAY-OFF AND RECALL RIGHTS

13.01 a) In the case of a general layoff of full time employees due to curtailment of staff, the employees who are laid off shall be given one (1) weeks notice or one (1) weeks pay in lieu of notice.

b) Whenever there is a reduction in the workforce, the Company will give five (5) clear working days notice of layoff to the employee and the Union.

13.02 a) When reducing forces senior within an occupational classification in a department, senior employees covered by this agreement with skill and ability to perform the work will be retained by occupational seniority. All employees, whose position is abolished or job is eliminated or who are displaced shall be entitled to exercise his seniority rights by displacing a junior employee in an occupational classification in a department provided he has the qualifications, skill and ability to perform the work. A displaced employee must make his choice within five (5) working days receiving notice unless prevent by illness or other cause for which a bona fide leave of absence had been granted. Laid-off employees shall be recalled in order of seniority provided the employee has skill and ability to fulfill the job requirements.

b) In lieu of a layoff, the Employer shall have the right, upon one (1) week's notice, to reduce the regularly assigned hours of work of each employee by up to four (4) hours per week for a period of three (3) months, subject to Article 25.04 (a). The Union may grant extensions.

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c) When the Company reduces the workforce, the following shall be the order of layoff: 1) Agency/Students; 2) Probationary 3) Part nme 4) Apprentice 5) Full Time

This provision does not apply to part time shuttle bus drivers

13.03 Seniority on Recall In the event that any employee is laid off for lack of work, such employee shall retain his bargaining unit seniority within his Occupational Classification and be entitled to recall in accordance with his bargaining unit seniority standing up to eighteen (18) consecutive months for all bargaining unit members following his lay-off, before other permanent help is hired, provided that such employee makes himself available, within five (5) working days after the mailing of the notice to return to work by the Company, which notice shall be sent by registered mail to the employee's address last recorded with the Company, unless there is an acceptable reason.

ARTICLE 14 - TEMPORARY EMPLOYEES

14.01 No personnel excepting those covered by this Collective Agreement shall be allowed to perform work normally done by bargaining unit employees, except for the purpose of instructing or training employees or where necessary to meet customer requirements.

14.02 The Company shall not hire part-time employees or students to replace full-time employees or to prevent the recall of full-time employees on lay-off. However, none of the above provisions sh~ll prevent the Company from employing such temporary, part­time or student help as is required to fill vacancies due to illness, vacation, leaves of absence and to use as additional complement during active periods.

14.03 The terms and conditions of employment covering part-time employees shall be as set out in Schedule "B" of this Agreement.

Wherever there is a conflict between any other provisions of this Agreement and Schedule "B" the latter shall prevail.

The number of part time employees shall be limited to three (3) employees.

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ARTICLE 15 - PAYMENT OF WAGES AND ALLOWANCES

15.01 The Employer shall pay salaries, rates and wages in accordance with Schedule "A" attached hereto and forming part of this Agreement.

Temporary Assignment 15.02 Employees shall perform any temporary work which the management directs with the

understanding that when an employee is assigned to a job with a lesser rate of pay, he shall receive his regular rate of pay.

15.03 An employee temporarily transferred to work in a higher classification in the bargaining unit for more than four (4) hours in a day shall be paid at the level of the salary scale in the higher classification which represents an increase. Such payment shall be retroactive to the first day.

ARTICLE 16 - SICK LEAVE PROVISIONS

16.01 Sick leave means the period of time an employee is absent from work with full pay by virtue of being sick or disabled or exposed to a contagious disease, as determined by the Public Health Office, or because of an accident for which compensation is not payable under Workplace Safety and Insurance Act.

(a) When utilizing sick leave, employees will notify a Fixed Operation Manager via email, text messaging or phone call of the reason for any absence as soon as possible but in no case later than one (1) hour before the regular reporting time on the day of an absence from work. The Company agrees to provide all bargaining unit members with the contact information of all Fixed Operation Managers.

(b) When the duration of illness or other factors results in a change in the expected date of return to work, it is the employee's responsibility to notify his supervisor of these circumstances prior to the date on which the employee was expected to return to work.

(c) Any employee absent for a period of three (3) days or more is obligated to keep his supervisor aware of his physical progress and his approximate date of return to work. While the Employer maintains the right to ask for a medical certificate for any absence, any absence in excess of three days requires a physician's certificate stating the reason for the absence, any required work restrictions and the expected date of return.

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(d) If the employer requests a physician ... s note for an absence of less than three days, it is understood that the employer will reimburse the employee the cost of such note.

(e) The Employer agrees to pay up to Twenty Five Dollars ($25.00) for medical notes. Any supplemental documentation required, the Company will pay the cost.

16.02 An employee will be paid his regular wages for time during which he Is absent from work due to his illness which renders him unable to work. This payment is limited to 2 days illness per year for all scheduled hours to a maximum of 8 hours per day, (a doctor's note must be provided) in addition, 2 pre-arranged/scheduled personal days will be offered. A reward to employees of one (1) day's pay extra at Christmas if sick days are not utilized. Payment is subject to the following conditions and qualifications which must be complied with:

(a) an employee must have at least one (1) year's service completed with the Company as at January 1st.

(b) it must be clearly understood that this clause is only for the protection of employees who are genuinely sick, and any employee who fraudulently makes use of this provision shall be subject to disciplinary action.

(c) Where an employee does not use all of his sick leave entitlement under this provision by the end of the calendar year, the employee will receive one (1) day floating holiday to be used prior to February 28 of the following calendar year. This floating holiday must be scheduled with prior Company approval.

ARTICLE 17 - LEAVE OF ABSENCE

17.01 a) A leave of absence is an authorization for an employee to be absent from work for a definite period of time which has been approved in advance by the Employer.

b) A leave of absence may be granted by the Company to seniority employees for personal reasons. A copy of the application for leave and its disposition in writing shall be given to the Union Chairperson.

c) Upon return from approved leave of absence, the Employee shall be returned to his former classification, rate of pay, without loss of seniority if it still exists. If not, then they will exercise their seniority under Article 13.

17.02 The Employer may grant a leave of absence with or without pay, verbally, for up to three (3) days or less. A consent form must be signed for Leave of Absence (verbal and

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written). leaves of absence greater than three (3) days must be requested, in writing at least two (2) weeks in advance of the required leave, to the General Manager or his designate with a copy to the employee's immediate supervisor.

17.03 An employee who accepts employment elsewhere during a leave of absence without the knowledge and consent of the Employer shall be deemed to have voluntarily terminated his employment.

17.04 The Company shall grant leave of absence without pay or benefits to one (1) employee who may be selected by the Union to fill an office or act in any capacity for the Union. Upon completion of a twenty-four (24) month period the employee shall be terminated. If the employee returns within this 24 month period he may occupy any position in accordance with his seniority standing and qualifications. The employee may elect to pay for continuation of benefits during such leave. Seniority will continue to accumulate during this leave.

17.05 The Company, upon request ofthe Union shall grant a leave of absence, without pay, to two (2) employees who may be selected by the Union to attend Union business, providing such request is made at least (2) weeks in advance. It is agreed that such leaves of absence shall not exceed four (4) weeks in duration and will only be granted provided operational requirements can be maintained. The Company agrees to bill the Local for lost time wages within ten (10) days.

Seniority shall accumulate during said leave and no loss of benefits.

ARTICLE 18 - PREGNANCY AND PARENTAL LEAVE

18.01 Pregnancy and Parental and Adoption leave shall be granted in accordance with the Employment Standards Act of Ontario. If an employee does not notify the Employer in writing of their intent to return to work within two (2) weeks of return to work or does not return to work upon the expiration of their leave, they shall be considered as having terminated their employment.

ARTICLE 19 - BEREAVEMENT LEA VE

19.01 When a death occurs in the immediate family of an employee (spouse, same sex partner, common law partner or child and step child), the Employee shall be allowed up to five (S) consecutive days away from work without loss of pay (based upon basic wage rate) for the purpose of attending or making arrangements for the funeral.

When a death occurs in the extended family of an employee (father, mother, stepparents, brother, sister, mother-in-law, father-in-law, brother-in-law, sister-in-law,

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grandparents and grandchildren), the Employee shall be allowed up to four (4) consecutive days away from work without loss of pay (based upon basic wage rate) for the purpose of attending or making arrangements for the funeral.

19.02 When a death occurs to an aunt or uncle of the employee, spouse or common-law spouse of the employee, the employee shall be allowed 1 day away from work without loss of pay (based upon basic wage rate) for the purpose of attending or making arrangements for the funeral.

ARTICLE 20 -JURY AND COURT WITNESS LEAVE

20.01 The Employer shall grant leave of absence without loss of seniority, benefits or basic wages to an employee who serves as a juror or Crown Witness. The employer shall pay such an employee the difference between his basic wage rate and the payment he receives for jury or witness services and summons. The employee will present proof of service and the amount of pay received.

20.02 Should an employee present himself for selection, and not be selected, then he is required to return to the Employer's premises to complete his remaining normally scheduled work day.

ARTICLE 21- HOLIDAYS

21.01 The Employer agrees that the following days are paid holidays:

The Employer agrees to provide fifteen (15) calendar days posted notice as to whether a holiday that falls on a weekend will be observed on the Friday or the Monday surrounding the weekend on which the holiday falls.

New Year's Day Labour Day Victoria Day Christmas Day Boxing Day Civic Holiday

Good Friday Thanksgiving Day Christmas Eve - Yi Unpaid Holiday Canada Day New Year's Eve -Yi day Unpaid Holiday

The employee will not be paid for Family Day, as employees already receive a greater benefit than what is required by the Employment Standards Act.

21.02 In addition to the Holidays listed in the Agreement, if another holiday is proclaimed as an official full day or part day holiday and is generally observed by dealerships in the

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area in the closing of their service departments, the Company agrees to recognize this day as a holiday for the purposes of this article.

21.03 To qualify for pay for a paid holiday, the employee must work his last scheduled working day preceding the holiday and his first scheduled working day after the holiday, unless he has secured permission from his supervisor or other reasonable cause to be absent one of the qualifying days. Employees who are off on compensation, accident or illness shall receive statutory holiday pay if they have worked within seven (7) days of holiday.

21.04 tf a holiday falls during an employee's vacation, he shall be paid for the holiday or granted an extra day off within thirty (30) days.

21.05 All hours worked on holidays as listed in Article 21.01 shall be paid for at the rate of two (2) times the regular hourly rate plus the holiday pay.

21.06 Employees will be paid Holiday pay in accordance with the ESA (Employment Standards Act).

ARTICLE 22- VACATIONS

22.01 For the purposes of this Article, the vacation year shall run from June 1 through until the final day of May the following year.

22.02 Vacation requests will be submitted in writing by the employee to the immediate Supervisor by the first day in March, and vacation requests will not exceed the employee's total annual vacation entitlement. Any requests submitted after the first day of March, while being considered by the Employer, will be subject to Management's discretion. Employees may only submit choose two weeks of summer vacation (Victoria Day to Labour Day)until such time as all employees have selected vacation. Any employee may request a third week of summer vacation provided they go back on the request list and the request can be accommodated. The parties agree that departmental needs must be met and both will still follow the "two person rule". Exceptions may be made only with prior Company approval.

22.03 Employees shall earn annual vacation allowances at the following rates:

(a) Employees with less than one (1) year of continuous service shall get vacation pay as per Employment Standards;

(b) 1 year but less than 5 years, 3 weeks at 4% of gross earnings as of June 1st, excluding vacation pay;

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(c) 5 years but less than 10 years, 3 weeks at 6" of gross earnings as of June 1st, excluding vacation pay;

(d) 10 years but less than 25 years, 4 weeks at 8% of gross earnings as of June 1st, excluding vacation pay;

(e) 25 years or greater, 5 weeks at 10% of gross earnings as of June 1st excluding vacation pay.

In the event an employee dies, the spouse, children or estate shall receive any vacation pay accumulated from the employer.

22.04 The Supervisors shall determine the vacation schedule when an employee may take the vacation to which the employee ls entitled based upon seniority and occupational classifications as of March 1st of each year. An employee entitled to three (3) weeks or more vacation may take vacation in one or more periods provided that departmental needs and requirements can be maintained.

22.05 Employees will be allowed to carry over one (1) week of vacation entitlement to February 28th of the following calendar year to be scheduled with prior Company approval.

22.06 Employees shall receive their vacation pay prior to going on vacation.

ARTICLE 23 • HOURS OF WORK

23.01 It is hereby expressly understood and agreed that the provisions of this article are for the purpose of calculating time worked and shall not be construed to be a guarantee of the hours of work to be done per day or per week or otherwise, nor as a guarantee of working schedules.

23.02 The arrangement of the work schedule is to be directed by the Company in accordance with the proper operation of the business. The Company will post, no later than 3:00 p.m. Thursday, a schedule showing the hours of work for employees for work to be performed the following week, In a location which is accessible to employees. The Company reserves the right to alter the schedule to reflect business emergencies.

23.03(a) The normal hours of work for employees and starting and quitting times shall be listed below. It is agreed any change in starting/quitting times shall be no more than one (1) hour either before or after those listed below:

Motor Vehicle Technicians Regularly assigned 42.5 hours/week, Monday to Friday.

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Monday - Friday - 8:00 a.m. to 5:00 p.m. or 7:30 am to 4:30 pm. The shifts will be on a rotational basis. The Company wilt recognize steady shifts provided the employees can make arrangements by mutual agreement, amongst themselves and both shifts have proper coverage.

Parts Department Regularly assigned 42.S hours/week, Monday to Friday.

Monday, Wednesday, Friday - 8.5 hours per day, 8:00 a.m. to 5:30 p.m. Tuesday & Thursday - 12 hours/day - 8:00 a.m. to 9:00 p.m.

The employees who work the extended hours Tuesday and Thursday shall receive Fridays off. There shalt be no overtime paid for the extended hours Tuesdays or Thursdays.

Body Shop 7:30 am to 5:00 p.m. - Day Shift, Monday to Friday to a maximum of 44 hours/ week

3:30 pm to 2:00 am - Night Shift, Monday to Thursday to a maximum of 40 hours/week (4X10 hours/day}.

Others 8:00 a.m. to 5:00 p.m. Monday to Friday to a maximum of 40 hours/week.

Service Advisors Regularly assigned 44 hours per week, Monday to Friday.

Monday to Friday 7:30 am - 5:30 pm 9 hour day - 45 hour week Monday to Friday 7:30 am - 5:00 pm 8.5 hour day - 42.5 hour week *Service Advisor's Rotate Early and Late Shifts Weekly*

(b) If an employee is scheduled or if his schedule is changed and such schedule or change in schedule results in a short change then it is agreed that the employee must have at least twelve (12) hours off between such short change.

(c} If an employee is authorized to work and does work in excess of his regularly scheduled hours in a one week period as set out in 23.03(a), he wilt be entitled to receive payment of an overtime premium at the rate of one and one­half (11/2) times the employee's regular straight time hourly rate of pay for time so worked.

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(d) It is understood that there will be no pyramiding or duplication of premiums under this agreement nor accumulation of overtime.

(e) An overtime premium of double time the employee's regular straight time hourly rate of pay for overtime so worked on a Sunday ..

23.05 Extended Hours In the event that the Company should institute a day shift on Saturdays, it will have meaningful discussion with the Union with respect to establishing hours of work and a separate guarantee.

The Company agrees to inform the Union at least thirty (30) working days in advance of instituting any regular extended hours and will meet with the Union to discuss the implementation.

23.06 Night Shift In the event that the Company should institute a regular night shift for more than two (2) consecutive weeks, it will, when designating employees to work in the night shift, first ascertain the names of those employees who desire night shift work. If insufficient volunteers are acquired, the Company will hire employees for the night shift positions. It is understood that expansion of the night shift will not result in a lay off of an employee on the day shift.

Regular night shifts will consist of four (4) consecutive ten hour night shifts, excluding holidays and weekends.

23.07 If non-union personnel are not on duty on the night shift, an employee covered by this collective agreement will be placed in charge to direct the other employees and such employee shall be paid an additional lead hand premium of seventy-five cents ($0. 75) per ho~r for all hours they remain in the capacity of lead hand.

23.08 A fifteen (15) minute break period with pay shall be allowed to all employees (except those paid by flat rate whose break will be unpaid) for each half of a shift. All employees (flat rate or straight time) will be required to make a punch on their timecard to reflect the break period. No employee will be required to take a break period before starting or within the first one-half hour of work or within one-half hour of his dinner or supper hour. Both parties acknowledge a 2-4 variance for this break period.

23.09 No full-time employee shall be scheduled to work a split shift without the employee's agreement.

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ARTICLE 24 • CALL-OUT AND REPORTING TIME

24.01 If any full·time employee is called out to work for any reason other than his regular work shift, he shall be paid a minimum of four (4) hours' pay at the regular rate.

24.02 If an employee reports for work on his regular shift and was not told on the previous day not to report, and there is no work available, he shall be paid minimum of four (4) hours' pay at his regular rate. This shall not apply if the lack of work Is caused by a power failure or other conditions clearly beyond the control of the Company.

ARTICLE 25 - WORKING CONDITIONS

25.01 In the event that a vehicle comes to the painter that has not been properly metal finished, the painter will refer the matter to the Department Manager or designate who will have the vehicle properly prepared before the painter does the re·finish.

25.02 a) The estimated time for used part repairs will be established by the Body Shop Manager or designate and the employee doing this work will have access and understanding as to what they will be paid prior to accepting the job. The Company agrees that estimated times established for damaged, rusted or undercoated used parts will not be unreasonable.

b) As per Insurance Company requirements, each used panel or bumper is to be billed 1.0 hour LKQ (like kind quality) clean·up until ordered in. At that time it will be addressed if more time is needed. Pictures are then taken and uploaded for approval. If a time is not agreed on or the part is unacceptable, the used part will be sent back and re·ordered. The Insurance standard is that any LKQ part with over 2.0 hour repair should be sent back.

c) As per Insurance Company agreements, each used LKQ weld on panel will have a clean-up and trim time of 2.0 - 4.0 hours added to the estimate.

25.03 The distribution of jobs will be as equal as possible.

25.04

(b)

(a) The weekly guarantee for all employees working on the flat rate system shall be thirty-five (35) hours per week, unless comeback work is done or he is absent from work. Where an employee is unavailable or absent from work the guarantee amount will be reduced by the absence.

Service employees on flat rate will be paid according to the Warranty Manual for warranty repairs and according to the Retail Flat Rate Manual for customer pay work. Should the Retail Manual rate not be competitive the Department Manager may request that the employee, if the employee agrees, perform the

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job at a reduced time. All manuals used for retail rate (Customer pay work) will be made available to bargaining unit employees for reference or viewing at all times.

(c) In the Body and Paint Shop the Manager or designate will, upon receiving an insurance repair estimate, establish the breakdown of the times for work as between the different classifications of employees and subject to reimbursement by theft recovery.

(d) An additional $4.00 per hour shall be paid to mechanics for actual time earned on dual wheel trucks and full floating axles, snow plows and tow trucks pertaining to Drive line components and support systems such as steering, exhaust and brakes.

(e) All work performed on any diesel engine repair will be paid at a diesel rate of an additional $4.00 per hour.

(f) The Company agrees not to hire any more motor vehicle technicians or apprentices when employees are on reduced hours as per 13.02 (b) or when employees are covering the guarantee under 25.04 (a). Current staffing levels shall be maintained.

(g) Straight scan test to be paid at the current .8 hour customer pay.

i) The Company agrees to add up to an additional 10% to established Engine and Engine block warranty times. Technicians will only be eligible for the additional time if they exceed the established warranty time allotted.

(h) Employees shall be required to punch in/out when they are on down time, as well when on work orders;

25.05 Each employee must leave his work bench and surrounding stall area clean at the end of each day or shift. This is to include cleaning and returning of all special tools to the tool room when finished with same, storing and cleaning of air lines and drop cords, removal of soiled rags and any other material that he accumulated during the work shift. This also includes any warranty material which must be returned to the Parts Department for proper tagging and storage. Employees whose bench or stall is left unclean will not be assigned work at the commencement of the next shift until such time as the bench and stall is cleaned.

25.06 (a) Qualified employees wanting to repair their own personal cars and other personal items on evenings must inform the Manager of the Department involved before any repairs can take place. In the interest of employee relations Apersonal® shall mean cars that are used by the employees for their normal driving usage only, not for resale on a short term basis. This would also apply to

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any units or parts removed from items or cars that are then brought in for repairs. Special permission must be obtained for any repairs that involve a large amount of shop material use. All oil used for repairs must be purchased by the employee. For safety reasons there shall be no less than two (2) employees using the shop at one time. Anyone breaking these rules can lose their privileges.

Employees may work on personal cars and other items, with permission at the end of their shift, if they have punched out.

(b) Personal car shall be defined as the employee's or spouse's/partner's vehicle. When work becomes available, while the technician is working on personal vehicles, they will be available to return to work when requested.

25.07 (a) The Company will sell replacement parts to employees as a cash purchase only at trade price less 10%. All accessories are excluded. Parts may be purchased at cost price plus ten percent (10%). Employees agree that this will not be abused and will be monitored.

(b) The Company will grant to employees a 25% discount on parts and labour for work performed on their personal vehicles except for Lube-Oil-filters, Menu­Priced items, and Exhaust. There is no discount on these latter items.

(c) Employees may purchase on account and these purchases will be deducted in two equal installments from the employee's next two pay periods.

25.08 For those employees required to wear uniforms, the Company will supply and pay the cost of cleaning.

25.09 The Company agrees to purchase a two hundred thousand dollars ($200,000.00) tool insurance coverage for employee tools while on Company premises. The Company will be responsible for paying the deductible where as a result of theft or fire there is a combined loss to the Company and the employees in excess of $10,000.00. It is the employee's responsibility to document tool box and contents for replacement value purposes.

25.10 The Company agrees to enter the mechanics name on the Customer's invoice.

25.11 The Employer will pay an employee-s straight time wages and expenses in accordance with the expense policy where an employee is sent to any training seminar/course or Chrysler school. Expenses will be defined as follows:

Parking Mileage ($0.45/km)

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Meals ($15/day) Hotel (when required) Travel time-one (1) hour straight time for any course or Chrysler school over 100km away.

(b) All employees will be paid at straight hourly wages at the manager's discretion for courses required/mandated by the Employer and/or Chrysler and completed on site during working hours.

25.12 The Employer will pay the license renewal fee for employees' professional licenses. It is agreed that technology and a training area will be provided to allow technicians to take training on Company premises. Training schedules will be designated to accommodate business requirements and the employees to the extent possible.

25.13 Parts drivers will not be required to pay the insurance deductible in the event of a collision while driving as a condition of employment. No employee will be required to pay the insurance deductible In the event of a collision while driving as a condition of employment, unless the employee is convicted of a Criminal Code offence regarding the collision. Otherwise, employee is required to pay~ deductible amount (to a maximum of $1,250.00 for the life of this agreement).

25.14 The Company will provide all licensed technicians, apprentices and other bargaining unit employees with prior Company approval with a tool allowance of up to four hundred and fifty dollars ($450) in each year of the collective agreement. The Company also acknowledges the need for Laptop computers to be provided and shall provide such as required.

25.15 Where in the opinion of the manager there is insufficient work for all of the technicians present, the manager will, in a scheduled rotation, allow technicians the option of leaving work. There will be an offsetting prorated red,..ction in the employees guarantee.

An employee, who has clocked 8.8 hours in a day on a flat rate or 8 hours on reduced hours as per 13.02 (b) and elects to go home before normal quitting time, shall not suffer a pro rated reduction in the employee's guarantee "for that day" . This clause is intended to distribute the work equally and allow employees to not have to collect the 35 hour guarantee as per 25.04 (a).

25.16 The Company agrees to maintain a service department incentive plan for above invoice jobs of not less than 5% and agrees to inform employees of the plan and any changes to the plan.

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ARTICLE 26 - SKILLED TRADES

26.01 Seniority in the Skilled Trades shall be by date of entry into the trades. It is understood that total bargaining unit seniority shall apply for entitlement to vacations, holidays, pensions and benefits.

26.02 a) The term Motor Vehicle Technicians as used in this agreement shall mean any person:

i) Who presently holds a Motor Vehicle Technician classification in a Skilled Trade occupation; or

ii) Who serves a bona fide apprenticeship (8000 hours) and holds a certificate which substantiates the claim of service.

iii) Who has eight (8) years of acceptable practical experience in the Skilled Trades classification in which they claim Journeyperson Motor Vehicle designation and can provide satisfactory evidence of same. A Unifor Journeyperson's card will be accepted as proof; or

iv) Who holds an Ontario license Certificate of Qualification issued by the Ministry of Colleges and Universities provided they qualify under ii) and iii) above.

b) Apprentices upon successful completion of the Apprenticeship Program, shall be deemed to be a Motor Vehicle Technician Band paid accordingfy.

ARTICLE 27 * BENEFITS

27.01 The Employer will provide the employees with access to the following benefit plans: Basic Life, Accidental Death and Dismemberment, Short Term Disability, Long Term Disability, Extended Health and Dental. The premiums for these plans will be paid as agreed to in the appendix to this agreement. The Employer will provide copy of all Plans in effect and wilt keep the Union informed as to changes thereto. The Employer is not the insurer and is not responsible for any claims under the plans.

The Employer will be entitled to substitute for the current insurance plans any comparable available plans and shall give notice of such a change in plan to all eligible employees.

27.02 The Union will be involved in any renewal or change in carrier.

ARTICLE 28 - CONTRACTING OUT

28.01 The Company agrees that they will not contract out/in work that they have the facilities, equipment, personnel to do the work. No one will be laid off or prevented from being recalled as a result of contracting out.

Any work that is contracted out shall be mutually agreed upon, between the Union and Company (i.e. trailer hitches, running boards, etc.).

ARTICLE 29 - INCLEMENT WEATHER/EXTREME CONDITIONS

29.01 All staff are expected to make every reasonable effort to report for work. When staff are unable to attend work due to inclement weather, they must notify the on-call supervisor at least one hour prior to regular reporting time. Should there be no work accessible to the employee, they have the option of using one of the following: lieu time, vacation time or loss of salary for that time.

ARTICLE 30-RRSP MATCH

The Company agrees to match employee contributions to a Registered Retirement Savings Plan as follows:

Year 1 - $1,400 Match Year 2 - $1,450 Match Year 3 - $1,500 Match

Part time employees may join at their option.

Employees may contribute over and above the Employee/Employer match with no employer matching contributions.

Employees may change contribution levels once a year on the contract anniversary.

Employees become eligible to participate in the RRSP match upon completion of one (1) year of continuous service with the Company

Employee contributions will be made bi-weekly payroll deductions

The Company agrees to hold an information session by December 31, 2003.

ARTICLE 31- PAID EDUCATION LEAVE

31.01 $650.00 per year, paid January 1st each year to the Unlfor Education Fund and to be remitted to:

Unifor leadership Training Fund Unifor 205 Placer Court Toronto, ON M2H 3H9

ARTICLE 32 - CORRESPONDENCE

32.01 All communications between the parties shall be addressed to:

Union:

Tim Mitchell, Unifor National Representative 5 Executive Place Kitchener, ON N2P 2N4

Telephone: (519) 893-4873 Facsimile (519) 893-9908

Company:

Craig Hendry President Wendell Motor Sales Ltd. 549 Fairway Road South Kitchener, Ontario N2G 4A2

Telephone: (519) 893-1501 Facsimile: (519) 893-1579

All Letters of Understanding and Appendices shall form a part of this Collective Agreement and be subject to the grievance and arbitration procedure.

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ARTICLE 33 - DURATION

33.01 This Agreement shall be effective from Odober 1, 2015 to September 30, 2018 and shall continue automatically thereafter in periods of one (1) year duration unless either party notifies the other in writing within ninety (90) days preceding the expiry date of this Agreement that it desires to amend or terminate this Agreement.

Signed at the O){)'H day of _-;/,....__~ __ • __ _. .... 2 ..... 0 _

FORT~~/ FOR THE UNION

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SCHEDULE "A" WAGES

ClASSIFICA TION Oct.1/2015 Oct.1/2016 Oct.1/2017

SERVICE DEPT

A Tech $30.87 $31.33 $31.80

BTech $28.63 $29.06 $29.50

Alignment $28.63 $29.06 $29.50

Lube Tech $16.13 $16.37 $16.61

Shuttle $14.28 $14.49 $14.71

Srv Adv 0 Plus (See Below) $14.99 $15.21 $15.44

BODY DEPT

A Tech $26.13 $26.52 $26.92

BTech $23.90 $24.26 $24.62

Body Repairer $20.57 $20.88 $21.20

Prep per $16.37 $16.62 $16.87

Painter $24.72 $25.10 $25.47

Prepper/Painter $24.36 $24.72 $25.09

Glass Technician $23.01 $23.36 $23.71

Clean-Up $11.90 $12.08 $12.26

Detailer $14.50 $14.72 $14.94

PARTS DEPT

Specifier $18.05 $18.32 $18.60

Clerk $16.79 $17.04 $17.30

Driver 1 $14.20 $14.41 $14.63

VEHICLE/LOT MAINTAINANCE/CHIEF CLEANUP DEPT $20.75 $21.06 $21.37

Utility $11.28 $11.45 $11.62

NOTES:

Present Chief Lube Employee will be grandfathered at present rate plus increases.

APPRENTICES

Apprentices shall be paid hourly rate (not flat rate).

The duties of a Body Shop apprentice shall Include repairer, prepper and clean up.

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The duties of a Service Department apprentice shall include oil change services, basic brake systems, basic body systems, front end inspection and repair, wheel and tire service, basic lighting and electrical, shop cleanup and maintenance duties.

Apprentice Technician Rates:

Start $ 16.00 After Year 1 $ 17.00 After Year 2 $18.00 After Year 3 $ 19.00

Wage Increases shall be contingent on apprentices maintaining their annual educational requirements. Apprentices shall be required to maintain a minimum 70% average in their educational courses.

After completion of 8000 hours, 4 year apprenticeship and licensing compensation as follows:

Service Apprentice B Tech Rate

Body Shop Apprentice Body Repairer Rate

SERVICE ADVISOR BONUS

Advisors will be paid 2% on all customer pay and service contact sales plus commission on

maintenance services sold as per the Service Advisor Spiff Detail report. Maintenance

Services with commission per service sold listed below.

Cooling Peace of Brake 'Machine Front Rear Engine Tune Injection Trans. System 4X4 Front Diff. Rear Diff.

RO# Mind Service Rotors Brakes Brakes UD Service Service Flush Service Service Service Rea.» $2.00 $2.00 $5.00 $5.00 ss.oo $S.OO ss.oo $5.00 $5.00 $10.00 $5.00 $5.00

I I I Diesel Engine

Fuel Air Cabin Air nre A/C tnstall l Install Install Install Wiper

RO# Filter Filter Filter Balances Inspection Battery Tire 2Tires 3 Tlres 4Tires Blades Alignment

Reg.» $5.00 $2.00 $5.00 $5.00 $2.00 $5.00 $4.00 $8.00 $12.00 $16.00 $2.00 $5.00

Company agrees to adjust the Advisor pay plan for the following conditions:

i) If/when an additional service advisor is added and sharing in the same customer base.

ii) The Company reserves the right to discuss and adjust the maintenance items listed in the Service Advisor SPIFF Report/Detail, upwards, to

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compensate for additional service Support staff that is added and with his Service Team. All changes must be mutually agreed on.

SERVICE DEPARTMENT < Technician A

CLASSIFICATION NOTES to Schedule "A" Wages

The level A technician must be able to proficiently perform the following repairs and diagnostics, he must willingly accept any work given to him in this category. Chrysler training in at least two of the following categories is essential.

•o.R.B. 111/M.D.S./ CO-PILOT •All Chrysler transmission and transaxles *Driveability and fuel injection *Antilock brakes •front end and complete suspension •computer and electrical diagnostics (Chasis and powertrain) *Basic brake systems *Any other repairs performed by a level AB@ technician (some level "A1

' technicians may also be trained in alternative fuel systems or other newly released products.)

< T echnlclan B The level B technician must be able to proficiently perform the following repairs and diagnostics, he must willingly accept any work given to him in this category. He must prove his expertise in this category before being considered for training that will move him to level A: *Basic brake systems *Body and trim adjustments •front end and complete suspension *Lube, Oil and Filter changes *Wheel and tire service *Air conditioning and heating service and repair, (licensed for Air Conditioning) *Pre delivery inspections •safety inspections *Basic lighting and electrical (charging systems, wiring for lighting)

Some Level B technicians may perform other basic duties such as, Wheel Alignment. The Level B technician who requests training to move to Level A will be given consideration for this move when the Service Manager is satisfied with their skills in Level B repairs. After completion of Chrysler training in Transmission/ Transaxles and O.R.B./M.D.S. the technician will be elevated to Level A responsibilities and pay level.

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COLLISION CENTRE < Technician A (Branch 1)

• Repairs and replaces frame and structural components, mechanical components, electrical components, plastic and composite panels, sheet metal panels, and glass and glass assemblies; diagnoses and repairs electronic systems; and assesses damage.

• The level "A" technician must be able to proficiently perform major frame repairs and must willingly accept any work given to him in this category.

< Technician B

• Repairs and replaces frame and structural components, mechanical components, electrical components, plastic and composite panels, sheet metal panels, and glass and glass assemblies; diagnoses and repairs electronic systems; and assesses damage.

• The level "8" technician must be able to proficiently perform minor frame repairs and must willingly accept any work given to him in this category.

< Auto Body Repairer (Branch 2) • Repair, reshape and refit body panels, fenders, hoods, bumpers and other

exterior parts of motor vehicles. • Weld breaks to body panels, fenders and other components.

• Shrink and stretch metal panels by heat treatment. • Repair doors and door frames.

• Repair plastic and composite panels. • Remove and replace exterior trim and hardware.

< Painter • Remove and replace exterior trim and hardware.

• Removing layers of sub-coating. • Matching colours and mixing paints.

• Preparing metal surfaces for painting by spot filling. • Sanding, masking and applying primers, primer surfacers, enamels, clearcoats

and urethanes. • Cleaning and polishing surfaces including removing and replacing decals.

• Applying anti-corrosive treatments. • Using hand and power tools such as sanders and spray guns.

• Computers and related software may be used for computerized paint colour reading, generating paint colours and tinting and ordering supplies.

< Glass Technician

• R&I or R&R windshield, back glass, quarter glass, pillar glass, sunroofs, sliders or any other automatic glass.

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• Check for water leaks. • Repair stone chips in glass. • R&I or R&R side door windows, regulators, run channels, belt mouldings, etc.

< Prepper • Apply primers and sealers. • Sands and tapes exterior of vehicle.

• Minor body work.

• R&I plastic and rubber bumpers. • R&I trim and mouldings.

• Trim and edge panels.

< Collision Centre Detailer • Washes exterior of vehicle.

• Vacuums and cleans interior of vehicle. • Buffs and touches up paint on exterior of vehicle. • Moves vehicles out in the morning and in at night.

• Takes out garbage. • Cleans and re-tapes mouldings.

• Install mouldings and trim pieces. • Waxes and apply paint sealer to exterior of vehicles. • Applying anti-corrosive treatments

< Clean-Up • Washes and cleans exterior of vehicle.

• Vacuums and cleans interior of vehicle. • Takes out garbage. • Clean exterior of cars on the lot. • Keep work areas clear of cardboard, bumpers, scrap, etc.

< Prepper - Painter • Remove and replace exterior trim and hardware.

• Removing layers of sub-coating. • Matching colours and mixing paints.

• Preparing metal surfaces for painting by spot filling. • Sanding, masking and applying primers, primer surfacers, enamels, clearcoats

and urethanes.

• Cleaning and polishing surfaces including removing and replacing decals. • Applying anti-corrosive treatments.

• Using hand and power tools such as sanders and spray guns.

PARTS

< Specifier

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The Specifier must be able to proficiently perform as a dedicated counter-person. He will work primarily on the telephone, the front counter and service counter and will do follow up on special parts with customers and suppliers. Position requires technical education and/or experience.

< Parts Clerk The parts clerk will spend no more than 50% of their working time on the counter and will otherwise be responsible for shipping and receiving, labelling of bins, inputting of orders, and other clerical work.

A $500.00 lump sum payment will be payable on the first pay period following October 1, 2017 to all employees on the attached Seniority list. Employees must be on the Seniority list as of October 1, 2015 and also must be on the Seniority on October 1, 2017 to be eliglble for this payment. Employees hired after October 1, 2015 will not be eligible for the lump sum.

Employees eligible for the lump sum payment may receive the payment as a direct deposit/ cheque which will be subject to all statutory deductions or may have it deposited into their RRSP provided they have the available room. The payment Is not eligible for RRSP match.

SCHEDULE "8"

PART-TIME EMPLOYEES

1. The following Articles and Sections of this collective agreement shall be applicable to all persons classified as part-time employees in addition to or as amended by the terms of Schedule "B".

' ARTICLES: 1, 2, 3, 4, 5, 6, 7 (with 7.04 amended to $50.00), 8, 9, 10, 11, 12, 13, 14, 15.01, 16 (prorated to part-time wages), 17, 18, 19, 20, 21, 24, 25, 27, 28, 29

2. A part-time employee is an employee who is normally employed for not more than twenty-four (24) hours per week except when required to temporarily replace absent full-time employees for not more than thirty (30) consecutive days and during peak business periods.

3. Part-time employees shall be on probation for the first forty-five (45) days worked during which time they may be dismissed without recourse to the grievance procedure.

4. Bargaining unit seniority in relation to part t ime employees means the relative ranking of part-time employees as determined by their respective length of accumulated seniority with the Company in the bargaining unit.

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Preference for the number of weekly hours shall be given in accordance with the part­time employees bargaining unit seniority, subject to the employee having the qualifications to perform the normal requirements of the job.

5. Part-time employees will be guaranteed the same rest periods as are granted to full­time employees and shall also be permitted a dinner hour or a supper hour as the case may be without pay.

6. If hired for full-time staff and terminated during the probationary period as outlined in the body of the full-time agreement, for reasons other than misconduct, the employee shall revert to his former part-time employment and retain his original part-time bargaining unit starting date.

Following successful completion of the full-time probationary period, a part-time employee who is hired full-time, shall be credited with one hundred percent (100%) of his part-time bargaining unit seniority up to a maximum of one (1) year for the purposes of bargaining unit seniority. The credit will apply to matters of filling vacancies and new positions, promotions, demotions due to staff reduction, reduction to part-time status, layoff, recall after layoff, vacation entitlement, choice of vacation dates.

7. Part-time employees who are required to work on a paid holiday or on a Sunday shall receive one and one-half (11/2) times their regular hourly rate for all hours worked on such holiday or Sunday.

8. Part Time employees will receive vacation pay in accordance with the Employment Standards Act.

9. No part-time employee shall be required to work a split shift unless it is mutually agreed between management and the employee concerned.

10. Part-time employees shall be entitled to the same coverage as is provided to full-time employees with payment based on the actual hours they were scheduled to work.

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LETTERS OF UNDERSTANDING

letter of Understanding - Unifor Social Justice Fund

For the currency of this first collective agreement, the Company will contribute five hundred dollars ($500.00) per year to the Unlfor Social Justice Fund in the month immediately following completion of each calendar year, and such contributions will be mailed to: Unifor, 205 Placer Court, Toronto, Ontario M2H 3H9.

The Company will be provided with an annual receipt for all donations made to this Fund.

letter of Understanding • Periodic Meetings

The Union acknowledges that the Company will schedule periodic departmental meetings. The Union also agrees that technicians' names shall appear on all orders.

Letter of Understanding - Lay-Offs - Workshare

The parties agree that prior to any lay-offs, the parties may discuss the further reduction of hours in any affected department (i.e. A workshare arrangement) In an effort to avoid the layoff. This workshare agreement is designed to work as follows;

1) Shortened work week by 5 hours reflecting in

2) A 4 hour reduction in guarantee from 35 hours to 31 hours a week;

3) All Collective Bargaining unit members will participate in a workshare agreement on a voluntary basis first, proceeded by a rotation established by department head/supervisor based on seniority.

4) The Company agrees to only exercise this clause 1 time per year.

For a period of 8 weeks which can be extended by mutual agreement without prejudice or precedent.

letter of Understanding • Snowplowing

The Company and Union agree to meet to discuss the feasibility of bargaining unit members performing snowplowing should an employee express interest in performing the work. The Company and Union agree to establish a mutually agreed upon level of compensation. The Union acknowledges that this is not work normally performed by members of the bargaining unit.

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Letter of Understanding - Body Shop

The Company agrees to provide access to documentation for work to be performed including but not limited to, work order numbers, estimates and refinishing times, upon the request of the employee.

Letter of Understanding- Progressive Discipline Graduated in severity

In order to correct employee misconduct prior to the imposition of discharge, a disciplinary approach that is required by many arbitrators before an employee is discharged except in the case of a serious industrial offence or theft.

The progressive discipline steps are as follows:

1) A verbal warning;

2) A written warning or reprimand;

3) A short suspension (1 unpaid working day)

4) A short suspension (3 unpaid working days)

5) A tong suspension (5 unpaid working days)

6) Discharge

Personal Digital Assistant (PDA)/Cellular Devices/Personal Audio Devices - the parties agree that devices listed above are prohibited from use in all working areas, with the exception of regularly scheduled breaks and lunch.

Letter of Understanding- Rustproofing & Olemical Treatments

The Company and Union agree to meet to discuss the feasibility of performing rust proofing and other chemical treatments on site should a bargaining unit employee express interest in performing the work. The Company and Union agree to establish a mutually agreed upon level of compensation. The Union acknowledges that this is not work normally performed by members of the bargaining unit.

Letter of Understanding - Health & Safety

The Company recognizes its obligation to provide a safe, healthful working environment for the employees and to abide by the Occupational Health and Safety Act as amended. The Union agrees to cooperate in maintaining and improving a safe and healthful working environment.

Letter of Understanding • Re: 7 .03

The Company agrees to provide the Service Advisors, jackets (mopar) for use at work. The jackets are to be used for working purposes. Each advisor shall receive a jacket for the life of this agreement.

APPENDIX "A"

SUMMARY OF BENEFITS

Ufe Insurance

< 50% employer paid, to a maximum of $100,000.

< Provides employee with 2 times annual salary

< Termination at the eartier of retirement or age 70

Accidental Death or Dismemberment

< 50% employer paid

< Provides employee with 2 times annual salary, to a maximum of $100,000.

< Termination at the earlier of retirement or age 70

Weekly Indemnity

< 50% employer paid

< Provides employee:

66 2/3% of earnings after one week of absence to a maximum of $$600.00 per week.

Maximum - 26 Weeks

< Termination at the earlier of retirement or age 65

The benefit shall be paid In accordance with the current Insurance Polley Manual procedures

Dental Coverage

< 50% employer paid

< 10% coinsured by employees

< No deductible

< Fee Guide based on current ODA

< Termination at the earlier of retirement or age 70

< Nine (9) month recalls on Dental Care

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Health Care < Employer pays 50% < 10% co-insured by employees < No Deductible

< termination at the earlier of retirement or age 65

Drug Card - $1.00 per prescription

Vision Care < Employer pays 50% < No deductible < Reimburses $225.00 per employee or dependant every two years. (year 1 of agreement)

< Reimburses $250.00 per employee or dependant every two years. (year 2 of agreement) < Reimburses $275.00 per employee or dependant every two years. (year 3 of agreement)

long Term Disability

< 50% employer paid < Provides employees with 60% to a maximum of $2500.00 per month < Elimination period 105 days

< Benefit period to age 65 < Definition of Disability - 24 month "own" occupation

CADA Emplovee Benefit Plan i) Group life and Health Insurance Policy G.H. 16984, Division 000

brcope343

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